General Liability

  • March 28, 2025

    NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On

    In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.

  • March 27, 2025

    P&C Insurers Return To Profits Amid Economic Uncertainty

    Property and casualty insurers collected record-setting profits in 2024, but macroeconomic conditions and other factors threaten to stymie their growth, says a broker and author of a recent report. Here, Law360 speaks to Vince Gaffigan about what drove growth, the looming risks ranging from inflation to catastrophic weather events, and what brokers and insureds should do to ready themselves against an array of uncertainties.

  • March 27, 2025

    Insurance Litigation Week In Review

    An insurer will pay nearly $1 million to resolve claims it failed to protect drivers' data, Michigan's top court will take up two car insurance appeals, the Fifth Circuit was asked to set precedent with an assault coverage ruling and PNC Bank NA can't get coverage for a more than $106 million judgment. Here, Law360 takes a look at the past week's top insurance news.

  • March 27, 2025

    Chubb Unit Wins Reimbursement For $9M Worker Injury Deal

    Mt. Hawley Insurance Co. must help cover a Chubb unit's nearly $9 million payment to settle an underlying worker injury lawsuit stemming from an office renovation project, a New York federal court ruled, finding Mt. Hawley's policy was primary to Chubb's and that Mt. Hawley's "designated work" exclusion didn't apply.

  • March 27, 2025

    $6.3M Default Against Cannabis Co. Not Covered, Insurer Says

    An insurer said it doesn't owe coverage for a $6.3 million default judgment entered against a medical cannabis testing company related to its fraudulent operations, telling a Mississippi federal court that the company failed to provide notice of various developments in an underlying government investigation and the subsequent lawsuit.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 25, 2025

    Baltimore Bridge Collapse: One Year Later

    Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.

  • March 25, 2025

    Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.

    Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.

  • March 25, 2025

    Insurers Must Face Heating Oil Buyers' $35M Coverage Suit

    Customers who allege they suffered $35 million in damage after purchasing substandard heating oil can continue to seek coverage of underlying litigation, with a Massachusetts federal judge saying Tuesday their case contained enough controversy to deny insurers summary judgment.

  • March 25, 2025

    5th Circ. Urged To Publish Assault Coverage Ruling

    A Houston-based bar asked the Fifth Circuit to make precedential a recent ruling that found a lower court wrongfully limited an insurer's coverage obligations on an assault judgment rather than dismissing the case, saying the decision brought attention to existing case law that has been overlooked.

  • March 25, 2025

    Contractor Drops $1.1M Bond Dispute Against Liberty Mutual

    A Delaware-based plumbing and HVAC company has withdrawn its federal suit claiming that a general contractor and Liberty Mutual improperly withheld $1.1 million in payments for work the company completed on a U.S. Army Corps of Engineers elementary school project.

  • March 24, 2025

    Skechers Says Insurer Shirked Defense Of Nonslip Shoe Suit

    Skechers' insurer wrongfully refused to defend the shoe giant in a putative class action over slip-resistance problems with some of its shoes, Skechers told a California state court in seeking at least $750,000.

  • March 24, 2025

    Justices Won't Review Missing Comma Coverage Ruling

    The U.S. Supreme Court won't review an Eleventh Circuit decision that a missing comma in a Chubb unit's professional services policy did not alter its clear and unambiguous meaning excluding coverage for a food service company's audit, according to an order list Monday.

  • March 21, 2025

    Insurer Tells 8th Circ. No Coverage For Co. In Fatal Crash Suit

    An insurer does not need to defend or indemnify a logistics company against underlying wrongful death claims, the carrier told the Eighth Circuit, saying the company does not qualify as an insured under a trucking company's policy.

  • March 21, 2025

    No Coverage Owed For Fatal Nail Salon Shooting, Court Told

    A Progressive insurer has no duty to defend or indemnify a nail salon for any potential claims stemming from a fatal shooting, the carrier told a Louisiana federal court, saying coverage is barred by the policy's assault or battery exclusion and other provisions.

  • March 20, 2025

    State Farm's Calif. Rate Request Exemplifies Long Negotiation

    California regulators' provisional approval of State Farm's premium increase request following the Los Angeles fires is another step forward in an insurance reform process that insurance pros view as a negotiation that has been protracted to the detriment of consumers.

  • March 20, 2025

    Opioid Orders Weigh Insurers' Role In Fighting Societal Harm

    Rulings barring supermarket chain Publix and drugmaker Mallinckrodt from obtaining coverage for underlying opioid claims have contributed to insurers' continued success in defining their obligations to these claims while raising the question of whether insurance is intended to help protect against widespread societal harm.

  • March 20, 2025

    Meet The Attys In Meta's Fight For Social Media MDL Coverage

    Meta has assembled a team of seasoned insurance recovery and technology lawyers led by Covington & Burling LLP to fight its insurers' bid to deny coverage for thousands of suits alleging harm from social media platforms, including Facebook and Instagram. Here, Law360 takes a look at the attorneys helping Meta in its coverage disputes.

  • March 20, 2025

    Mich. Judge Warns No-Fault Rulings Rely On 'Slick' Ground

    A Michigan appellate judge on Wednesday flagged potentially flawed reasoning behind recent appellate decisions regarding minimum bodily injury no-fault coverage under state law, but joined a majority panel in finding an insurer must pay the statutory minimums for a fatal crash because the policyholder did not select a lower option.  

  • March 20, 2025

    Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit

    A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.

  • March 20, 2025

    Liberty Mutual Needn't Defend Texas Pileup Suits, Court Says

    A Liberty Mutual unit has no duty to defend contractors for a Texas interstate construction project in lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, a federal court ruled, saying the underlying claims relate to road maintenance rather than covered project-related work.

  • March 20, 2025

    Bottler's Wine Contamination Coverage Bid Tossed For Good

    A Nationwide unit prevailed again in getting a wine bottling company's coverage action thrown out, successfully arguing to a California federal court that a faulty work exclusion barred coverage for a since-settled lawsuit seeking $1.2 million in damages for wine contamination.

  • March 20, 2025

    Insurance Litigation Week In Review

    The California Department of Insurance provisionally approved State Farm's request for an emergency rate hike, a North Carolina federal court found a convicted insurance mogul's company liable for $57 million in misappropriated client funds, and the Fifth Circuit reversed an insurer's win in a bar assault coverage dispute. Here, Law360 takes a look at the past week's top insurance news.

  • March 19, 2025

    Insurers End Dispute Over Pizza Chain Salmonella Coverage

    Two insurers for a "take 'n' bake" pizza chain have settled a dispute over their contributions to a deal reached by their mutual insured in an underlying case over salmonella-tainted cookie dough, with a Washington federal court tossing the suit.

  • March 19, 2025

    NC Captive Insurer's Owner Can't Shirk Self-Dealing Claims

    North Carolina's business court has largely rejected a majority shareholder's efforts to curtail claims he seized control of a captive insurance company only to run it into the ground, finding the suit sufficiently ties him to unpaid premiums that dried up the insurer's sole source of revenue.

Expert Analysis

  • What Insurers Need To Know About OFAC's Expanded FAQs

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    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

  • Nevada Justices Could Expand Scope Of Subrogation Claims

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    The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • NC Ruling Takes Practical Approach To Duty-To-Defend Costs

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    In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.