General Liability

  • May 11, 2022

    J&J Ch. 11 Talc Claimants Get Nod For 3rd Circ. Appeal

    Claimants of Johnson & Johnson's bankruptcy talc unit received approval Wednesday from the Third Circuit Court of Appeals to skip an intervening appellate level and bring their appeal of a bankruptcy court order denying their motions to dismiss the debtor's Chapter 11 case directly to the circuit court.

  • May 11, 2022

    Court Says $12.5M Navy Wharf Job Dispute Must Go To Trial

    A Georgia federal court said a jury's input is needed to decide whether a subcontractor on a U.S. Navy wharf rehabilitation project is entitled to collect $12.5 million after lead paint on-site increased the scope and price of the work.

  • May 11, 2022

    Brooklyn Diocese Can't Ax Insurer's Sex Abuse Coverage Suit

    A New York federal judge on Wednesday refused to dismiss Arrowood Indemnity Co.'s suit seeking to avoid defending the Diocese of Brooklyn in more than 800 lawsuits brought by survivors of clergy sexual abuse.

  • May 11, 2022

    Amazon Seeks To Escape Liability For Solar Generator Fire

    Amazon should not face a strict liability claim for fire damage that American Family Mutual Insurance Co. said was caused by a defective solar generator, the e-commerce giant told a Minnesota federal court, pointing to a state law that protects sellers in product liability disputes.

  • May 11, 2022

    Surfside Victims Reach $997M In Settlements

    Attorneys representing the victims of the Champlain Towers South condominium collapse in Surfside, Florida, announced Wednesday that they had secured $997 million in proposed settlements, ending the consolidated claims against all but one defendant.

  • May 11, 2022

    Insurers Say Policies Exclude Contractor's Work On Ga. Hotel

    Insurers of a Georgia construction company accused of shoddy work on an upscale Jekyll Island hotel have asked a federal court to declare that their policies don't cover the subcontractor's alleged negligence.

  • May 10, 2022

    Security Co. Says Defense Offer For Robbery Claims Triable

    A Florida federal court correctly decided that it's a triable issue whether a bank security company's insurer properly offered coverage under a reservation of rights for underlying claims connected to a bank robbery, the security company argued Tuesday.

  • May 10, 2022

    Girls School Blames Broker's Mistakes For Lack Of Coverage

    A therapeutic boarding school accused of inflicting emotional distress on its former students told a Montana federal court Tuesday that it's been without insurance coverage in those suits due to negligence on the part of its broker, a Marsh McLennan unit.

  • May 10, 2022

    5th Circ. Panel Told To Keep Insurance Row In Arbitration

    A Fifth Circuit panel offered little suggestion in oral arguments Tuesday on whether it would disturb a decision sending an excess insurance coverage dispute to arbitration over underlying lawsuits alleging that an oil company's operations in Louisiana caused environmental property damage.

  • May 10, 2022

    Pollution Claims Against Ga. Co. Not Covered, Insurer Says

    Home-Owners Insurance Co. told a Georgia federal court that it shouldn't have to defend a construction company accused by a residential association of polluting a lake.

  • May 10, 2022

    8th Circ. Affirms Insurer's Win In Bar Assault Coverage Suit

    A Munich Re unit has no duty to indemnify a Missouri bar and its owner in an underlying personal injury suit brought by a patron who was assaulted by one of the establishment's employees, the Eighth Circuit affirmed Tuesday, finding that an assault-and-battery exclusion barred coverage.

  • May 09, 2022

    'Eight Corners Rule' Kills Harvey Coverage Case, Insurer Says

    The insurer of a Texas-based sand company said Monday that a ruling from the state's top court on the "eight corners rule" boosted its case that a pollution exclusion in the company's policy barred coverage for underlying Hurricane Harvey claims.

  • May 09, 2022

    Insurers Hopeful In BIPA Rows Despite Ill. Justices' Ruling

    Policyholders have prevailed in many federal coverage disputes centered around violations of Illinois' Biometric Information Privacy Act in the year since the state's highest court ruled that general liability policies potentially cover BIPA claims, but insurers have notched several wins based on exclusionary language not addressed in that landmark opinion. 

  • May 09, 2022

    Chemical Co. Says Insurers Owe $7.8M For Ship Accident

    A chemical manufacturer said its insurers owe it more than $7.8 million for expenses incurred after a cargo ship crashed into a docking facility where hazardous materials are handled, telling a Louisiana federal court that the insurers' refusal to pay for expediting costs is a breach of its policy.

  • May 09, 2022

    7th Circ. Says Babysitter Isn't Covered In Wrongful Death Suit

    A Liberty Mutual unit has no coverage obligations to a babysitter facing a wrongful death suit after an infant suffocated while under her care, the Seventh Circuit affirmed, finding that the babysitter's policy barred coverage for claims arising from the provision of day care services at her home.

  • May 09, 2022

    Auto Accessory Co. Tries Again For BIPA Suit Coverage

    An automotive accessory company again argued that it's owed defense coverage for a class action alleging it broke biometric information privacy laws, telling an Illinois federal judge that either an umbrella or excess policy should come into play.

  • May 09, 2022

    9th Circ. Upholds Dismissal Of Glass Co.'s Coverage Suit

    Liberty Mutual has no duty to cover a California glassmaker's $1.3 million settlement over glass panels the purchaser said were faulty, a Ninth Circuit panel affirmed, saying the manufacturer failed to cite any lawsuits that required the insurer to provide defense and indemnification.

  • May 06, 2022

    Internet Of Things' Expansion Heightens Cyber Concerns

    As Internet-connected devices and infrastructure become more widespread, cyber incidents involving such devices are more likely to cause physical damage and other harms that might implicate coverage under traditional insurance lines.

  • May 06, 2022

    Insurer Asks 5th Circ. To Reverse Pipeline Death Ruling

    An excess insurer asked the Fifth Circuit on Friday to reverse a lower court's ruling that freed a utility contractor's other insurer from covering a wrongful death suit under its commercial general liability policy, saying the court used an overly narrow interpretation of the policy to justify its decision.

  • May 06, 2022

    Walgreens Says Insurers Must Defend It In Opioid Cases

    Walgreens has sued at least 25 insurance companies, including several units of AIG, Liberty Mutual and Great American Insurance, in Illinois state court, seeking a ruling they must defend and indemnify the pharmacy retailer in nationwide opioid litigation.

  • May 06, 2022

    Travelers Says Other Insurers On Hook For $2.1M In Hotel Row

    Travelers told a California federal court that a Liberty Mutual and Zurich unit must chip in on defense payments for a construction company that has racked up a bill of more than $2.1 million in a dispute over defects at the Hard Rock Hotel in San Diego.

  • May 06, 2022

    Calif. Panel Says Insurer Need Not Cover Unintended Damage

    A California state appeals court affirmed an insurer's win in a coverage dispute with a homeowner accused of trespassing on her neighbors' property and clearing their land, finding that an intentional act is not an accident even if the act causes unintended harm.

  • May 06, 2022

    Hidden Auto Policy Exclusion Unenforceable, NJ Panel Says

    A New Jersey appellate panel on Friday upheld a policyholder's win in a coverage dispute with a Travelers unit, saying an intrafamily step-down exclusion acted as a "hidden trap" in a family's auto policy.

  • May 05, 2022

    9th Circ. Nixes Coverage After Mont. Table Of Contents Ruling

    The Ninth Circuit reversed a lower court's ruling in a long-running dispute between an insurer and a paving company, relying on a recent Montana Supreme Court holding that insurers can rely on unambiguous exclusions to bar coverage even if those provisions aren't listed in a table of contents.

  • May 05, 2022

    4th Circ. Panel Wary Of Need For Experts In Coverage Row

    A Fourth Circuit panel did not appear convinced Thursday that expert testimony is required to determine whether an insurance broker acted negligently when it allegedly failed to obtain the necessary coverage for a subcontractor later accused of faulty construction.

Expert Analysis

  • What Insureds Should Look For In Excess Policies

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    A recent California appellate court decision, Truck Insurance Exchange v. Kaiser Cement, demonstrates how courts will protect policyholder expectations against primary insurance carriers' actions that might restrict available excess coverage, and highlights how insureds should be diligent in reviewing excess policies on primary erosion, say Courtney Horrigan and Elizabeth Taylor at Reed Smith.

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • Policyholder Wins Push Boundaries Of Insurer Duty To Defend

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    A recent string of federal and state appellate court decisions, expanding insurers' broad duty of defense to cover inferences, implications and reasonable interpretations raised by the underlying suit, should encourage policyholders seeking coverage, says Tae Andrews at Miller Friel.

  • Examining Event Cancellation Coverage As COVID Lingers

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    Recent pandemic-related postponements from the NBA, NFL and Grammys, coupled with COVID-19 being excluded from new event cancellation policies, highlight the need for event organizers to explore cancellation risks and how specialty coverage can serve as a tool for mitigation, say Jorge Aviles and Andrea DeField at Hunton.

  • Using Insurance Coverage To Fund Early Settlement

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    A recent settlement between health care company Vision Path and the Federal Trade Commission shows that settling early is a prudent consideration to avoid defense costs and preserve the bulk of the insurer budget for a settlement or judgment, say Jason Callen and Beau Creson at K&L Gates.

  • Fla.'s New Appeal Rule Will Cause More Harm Than It Cures

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    Florida's new procedural rule, permitting interlocutory appeals of orders that allow complaint amendment to add punitive damages, champions an unnecessary and often overly broad solution at the expense of the timely administration of justice, say Hugh Lumpkin and Wesley Butensky at Reed Smith.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • What Pa. Procedure Rule Change Means For 'Snap Removals'

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    In light of Pennsylvania's recent civil procedure rule amendment significantly decreasing defendants' time to remove cases from state to federal court, Shari Milewski and Donald Kinsley at Maron Marvel offer some practical tips for maintaining snap removal as a viable defense tool.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.