General Liability

  • April 18, 2022

    High Court Won't Review Driver's $15M Suit Against Geico

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision finding that Geico did not act in bad faith when attempting to settle an automobile crash for a policy's full $50,000 bodily injury limits.

  • April 15, 2022

    Boy Scouts Ch. 11 Trial A Watershed Moment For Virtual Court

    The 22-day Chapter 11 confirmation trial of the Boy Scouts of America concluded Thursday in Delaware court, confirming the viability of virtual contested hearings two years after the legal world became largely confined to tiny digital boxes on computer screens.

  • April 15, 2022

    Insurer Can't Duck Settlement Coverage, Credit Union Says

    A credit union told a Missouri federal court its insurer can't get out of covering part of a $4.75 million settlement of a class suit claiming the credit union published defamatory information to reporting agencies, saying two parts of its policy promise coverage for alleged defamation.

  • April 15, 2022

    Claims Handler Asks 9th Circ. To Review Reimbursement Row

    A claims handler urged the Ninth Circuit to review a decision forcing it to reimburse its insurer for amounts paid to cover the handler in an underlying suit over a mismanaged car crash claim, saying rehearing is necessary to address a district judge's possible ethical breach that affected the ruling.

  • April 15, 2022

    Residents Want To Revive BP Spill Fraud Claims Against Attys

    Louisiana residents want a federal court to reverse a decision tossing fraud claims they made against attorneys and insurers over missed 2010 BP Deepwater Horizon oil spill relief funds, telling the court new evidence changes the game.

  • April 15, 2022

    La. Insurers Face Over $750K In Fines For Hurricane Wrongs

    Louisiana's insurance commissioner announced proposed fines totaling $764,750 for five homeowners insurance companies that were found to have violated the state's insurance code following the 2020 hurricane season.

  • April 15, 2022

    Nationwide Beats Eatery's Bad-Faith Claim In Partial Victory

    A jury should decide whether Nationwide owes the operator of an Indiana burger restaurant more coverage for a fire likely caused by a tossed cigarette, but the insurer shouldn't face claims that it dealt with the restaurant in bad faith, a federal judge said.

  • April 15, 2022

    Self-Driving Car Crashes Will Lead To Liability Conflicts

    Crashes involving vehicles that are in self-drive mode will generate debates over whether insurance for the driver or the vehicle's manufacturer will be on the hook for paying for bodily injuries and property damage, legal experts say.

  • April 14, 2022

    Insurer Says Girls School Isn't Covered In Mental Injury Suit

    An insurer said it has no obligation to cover a therapeutic boarding school in an underlying suit brought by former students accusing the school of negligence and inflicting emotional distress, telling a Montana federal court that the events occurred before its professional and general liability policy was effective.

  • April 14, 2022

    Insurers Seek Review Of Coverage Decision In Water Co. Suit

    Insurers for a water treatment company accused of installing a faulty mercury-removal system asked a New York federal court to reconsider its decision in favor of coverage, arguing that the court misinterpreted policy exclusions.

  • April 14, 2022

    Allstate Says Property Co. Not Covered In Construction Suit

    Allstate doesn't owe a Nashville-based property management company coverage for an underlying suit accusing it of failing to properly supervise an unfinished painting and resurfacing project, the insurer told a Tennessee federal court Wednesday.

  • April 14, 2022

    Axis Insurance Aims To Cap Coverage For Toxic Uniform Suits

    Axis Insurance told a California federal court it has to pay only a single $1 million limit in defense of a clothing manufacturer sued by American Airlines employees who claim they were injured by chemicals in their uniforms, saying another insurer must provide coverage once that limit is exhausted.

  • April 13, 2022

    6th Circ. Douses Musician's Studio Fire RICO Claims

    The Sixth Circuit affirmed the dismissal of a musician's lawsuit accusing Hanover American Insurance Co. of continuing to investigate his Memphis studio's arson damage and move recording equipment out of state after deciding not to pay the claim.

  • April 13, 2022

    Mont. Justices Say No Table Of Contents Won't Kill Exclusions

    Insurance companies can still rely on unambiguous exclusions to make coverage determinations even if a policy doesn't have a table of contents or important provisions section, Montana's high court said, handing an insurer a win in a Ninth Circuit suit.

  • April 13, 2022

    Boy Scouts Say Without Ch. 11 Deals, Survivors To Get Little

    The Boy Scouts of America defended its Chapter 11 plan Wednesday, telling a Delaware bankruptcy judge that if it hadn't reached a global resolution of sexual abuse claims with its local councils that created a $2.7 billion trust fund, survivors would have received relative crumbs and been left to fight out their claims in the tort system.

  • April 13, 2022

    Excess Insurer Dropped From $15M Data Leak Coverage Case

    Atlantic Specialty Insurance Co. on Wednesday dismissed its claims against Lexington Insurance Co. in a dispute over coverage of a Blue Cross Blue Shield licensee's multimillion-dollar settlements related to a 2014 data leak, leaving BCS Insurance Co. as the remaining defendant in the case.

  • April 13, 2022

    Insurer Must Defend Drilling Company Accused Of Negligence

    Monroe Guaranty Insurance Co. must defend a drilling company accused of negligent work on a commercial irrigation well, the Fifth Circuit affirmed, off the heels of a Texas Supreme Court decision detailing when courts can deviate from the so-called eight corners rule to determine that duty to defend.

  • April 13, 2022

    U. Mich. Insurers Drop Case Over Sex Assault Deal Coverage

    Munich Re's U.S. subsidiary and a captive insurer for the University of Michigan's board of regents agreed to dismiss a dispute over coverage of a $9.2 million settlement the school struck with eight women who accused a former university official of sexual misconduct.

  • April 13, 2022

    SC Justices Revive Fertilizer Co.'s Cleanup Coverage Claim

    The South Carolina Supreme Court revived fertilizer manufacturer PCS Nitrogen Inc.'s bid for coverage of environmental remediation costs Wednesday, finding that PCS received a valid post-loss assignment of a predecessor's rights under its insurance policies.

  • April 13, 2022

    SC Insurance Chief To Retire After 9 Years In Role

    South Carolina's insurance director will retire after a nine-year stint during which he modernized the state's approach to cybersecurity and natural disaster insurance regulation, the governor's office announced.

  • April 13, 2022

    Veteran Texas Atty Warned For Insulting 5th Circ. Panel

    The Fifth Circuit has ripped an El Paso, Texas, labor attorney for suggesting that a three-judge panel checked out and let staff attorneys write an opinion that didn't go his way, with the panel threatening sanctions should the lawyer "continue to lodge scurrilous allegations."

  • April 12, 2022

    Insurer Slams Bid To Split Coverage Of Faulty Flavoring Claims

    An AmTrust unit hit back at Berkley Assurance Co.'s bid to force the insurers to share coverage of claims that their policyholder's faulty garlic flavoring tainted other customers' products, telling an Illinois federal court that only the Berkley policy necessarily promises coverage.

  • April 12, 2022

    Guam Claimants Ask To Be Cut From Scouts' Ch. 11 Releases

    Survivors of sexual abuse with claims against a bankrupt Catholic diocese in Guam argued Tuesday that they should be exempted from releases of third-party claims against non-debtors in the Boy Scouts of America's Chapter 11's plan, saying such releases were unnecessary and unjustifiable.

  • April 12, 2022

    Condiment Co. Says Insurer Can't Duck BIPA Suit Coverage

    A condiment manufacturer told an Illinois federal court that it is entitled to coverage for a proposed class action filed by employees accusing the company of violating the state's Biometric Information Privacy Act, saying its insurer has wrongfully denied coverage of the claim.

  • April 12, 2022

    Biggest General Liability Rulings Of The 1st Quarter Of 2022

    Significant rulings surrounding general liability insurance marked the first quarter of 2022, spanning across anti-indemnity statutes, an insurer's duty to defend ongoing opioid litigation, environmental torts, duty-to-defend appeals and a key decision on how Texas judges can deviate from the "eight corners" rule when determining an insurer's defense obligations.

Expert Analysis

  • Time For Cos. To Walk The Walk On Environmental Justice

    Author Photo

    With the Biden administration pledging to consider environmental justice across all agencies and in all federal decisions, companies must candidly assess their operations in order to make sure their statements on environmental justice are backed by measurable results, say attorneys at King & Spalding.

  • Economic Loss Is Key To Pandemic Insurance Suits

    Author Photo

    Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

    Author Photo

    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • 10 Most Significant Insurance Coverage Decisions Of 2020

    Author Photo

    Though COVID-19 was unquestionably the biggest insurance story of 2020, the most noteworthy decisions of the year had definitive impact on issues like injury-in-fact triggers and concurrent causation, says Randy Maniloff at White and Williams LLP.

  • 5 Major Drug And Medical Device Developments In 2020

    Author Photo

    In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

  • Actions Cos. Can Take Now To Address Microplastics Risk

    Author Photo

    Recent reports on the prevalence of microplastics in the environment underscore potential liabilities companies may face in relation to this emerging contaminant, and the importance of acting now to manage risks while the science and regulations are still evolving, say Shannon Broome and Dan Grucza at Hunton and David Gratson at Environmental Standards.

  • The State Of Consumer Class Actions Amid COVID-19

    Author Photo

    While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.

  • Courts Are Not Confused About Opioid Insurance Suits

    Author Photo

    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

    Author Photo

    Although public nuisance claims are driving opioid lawsuits, some recent court decisions are making a mistake by blurring the distinction between claims for individual injury and claims for governmental abatement funding, potentially manufacturing unintended insurance coverage and depleting insurance where it is actually needed, says Adam Fleischer at BatesCarey.

  • Pandemic-Era Civil Jury Trials Require Constitutional Scrutiny

    Author Photo

    Courts should carefully consider the constitutional rights of litigants before restarting civil jury trials amid the pandemic, because inadequate remote voir dire procedures and evidentiary handicaps due to health safety measures could amount to the denial of a fair trial by an impartial jury, say attorneys at Rumberger Kirk.

  • Restaurant Virus Coverage Ruling Is An Outlier

    Author Photo

    Though a Missouri federal court allowed a group of hair salons and restaurants to sue for COVID-19 business interruption losses, Studio 417 v. Cincinnati Insurance is easily distinguishable from other virus insurance coverage cases, contradicts existing case law and offers prospects for minimal recovery at best, say Keith Moskowitz and Erin Bradham at Dentons.

  • Restaurant Virus Coverage Ruling Offers Insight For Insureds

    Author Photo

    A Missouri federal court’s recent decision allowing hair salon and restaurant owners to pursue COVID-19 insurance coverage class action claims in Studio 417 v. The Cincinnati Insurance Co. reminds policyholders of the importance of arguing that COVID-19 is a physical substance, and that physical loss and physical damage must be defined separately, say attorneys at Reed Smith.

  • Lessons From Asbestos Can Help Resolve Opioid Liabilities

    Author Photo

    The effects of opioid litigation and settlements on pharmaceutical companies, insurers and others could be financially devastating, so affected entities should consider a practice used by companies with asbestos liabilities — a restructuring that separates those liabilities from ongoing operations, say consultants at Nathan Associates and Financial Asset Recovery Analytics.