General Liability

  • April 08, 2022

    Del. High Court Sides With Geico In Class PIP Suit

    The Delaware Supreme Court found Friday that Geico didn't violate state law when it used computerized rules to determine personal injury payout limits for automobile accidents, overturning a lower court's ruling in a class action that stretches back to 2014.

  • April 08, 2022

    Insurer Seeks Escape From Suit Against Heating Oil Co.

    Federated Mutual Insurance Co. should have no defense or indemnification obligations to a heating oil provider and two of its executives who face a proposed class action alleging widespread property damage caused by heating oil containing elevated levels of biodiesel, the insurer told a Massachusetts federal court.

  • April 08, 2022

    Conn. Panel Affirms Insurer's Win In Trailer Accident Dispute

    The Connecticut Appellate Court sealed a Hartford unit's win in a coverage dispute brought by an individual who was injured when he was struck by a trailer that detached from a policyholder's pickup truck, saying that the policy's auto exclusion clearly barred coverage of the underlying claims.

  • April 08, 2022

    Grocer's Late Notice To Insurer Bars Coverage Of BIPA Suit

    Philadelphia Indemnity Insurance Co. does not need to cover a produce market in a class action alleging its time-tracking practices violated Illinois' Biometric Information Privacy Act because the market did not timely notify the insurer of the suit, an Illinois federal court said.

  • April 08, 2022

    Subcontractor Asks Court To Hold Insurer In Contempt

    A construction subcontractor urged an Oregon federal court to hold its insurer in civil and criminal contempt over its bid to vacate its loss and toss the case, after the insurer claimed it realized on appeal that the district court lacked jurisdiction to hear the coverage dispute to begin with.

  • April 08, 2022

    Watchdog Opposes Litigation Releases In Gulf Coast Ch. 11

    The Office of the United States Trustee objected Friday to the proposed Chapter 11 plan of nursing home operator Gulf Coast Health Care LLC, saying it includes nonconsensual releases of facility resident litigation claims against nondebtor defendants.

  • April 08, 2022

    Insurer Says Locksmith Hid Gun Business, Voiding Coverage

    Travelers told an Alabama federal court Friday that its policyholder, insured as a locksmith, waived its rights to coverage by secretly running a firearm-servicing operation at its primary place of business.

  • April 07, 2022

    Oil Facility Cos. Say Insurer Can't Duck Coverage Of Fire Suits

    The operator of a saltwater disposal facility said a trucking company's insurer must provide coverage for lawsuits over a fire at the facility that killed one person and injured another, telling a Texas federal court Thursday that the insurer failed to honor its contractual obligations.

  • April 07, 2022

    Missouri Committee Passes Third-Party Litigation Funding Bill

    A Missouri legislative committee approved a bill supported by the American Property Casualty Insurance Association that would increase transparency and other requirements for third-party litigation funders.

  • April 07, 2022

    Insurer Wants Out Of Covering Suit Over Worker's Fall

    Crum & Forster Specialty Insurance Co. told a Georgia federal court that it should have no duty to defend or indemnify a masonry subcontractor facing a suit over a worker's injuries stemming from a fall at a construction site.

  • April 07, 2022

    Geico Asks 11th Circ. To Affirm Escape Of $18M Settlement

    Geico should have no coverage obligations to one of its insureds who must pay $18 million in damages to a severely injured minor following a golf cart crash in 2016, the insurer told the Eleventh Circuit, urging it to affirm a district court's judgment in favor of the auto insurer.

  • April 07, 2022

    Groups Urge 6th Circ. To Affirm Insurer's Opioid Coverage Win

    The Sixth Circuit should affirm a district judge's ruling that an insurer has no duty to defend a drug distributor in suits accusing it of contributing to the opioid epidemic, insurance industry groups said, saying a reversal would create an extra-contractual risk that would harm the insurance marketplace.

  • April 06, 2022

    Ruling Favoring Insurers In Opioid Suits May Set Precedent

    A California federal judge's ruling on Tuesday that relieved AIG and a Chubb unit of defending McKesson Corp. in three opioid epidemic lawsuits will have a nationwide impact and could make the state a dead jurisdiction for similar coverage disputes, legal experts say.

  • April 06, 2022

    Chubb, Travelers Investors To Vote On Climate Disclosures

    Investors in Chubb and Travelers will vote on whether the insurers should produce reports detailing their plans to meet climate goals, following rulings from the U.S. Securities and Exchange Commission allowing the votes at the insurers' annual meetings.

  • April 06, 2022

    5th Circ. Backs Travelers' Escape From $3.3M Injury Ruling

    A crew boat operator on the hook for $3.3 million in damages to an injured employee of a marine construction company cannot gain coverage as an additional insured under the construction company's insurance policy, the Fifth Circuit affirmed, finding that an employee exclusion unambiguously foreclosed coverage.

  • April 06, 2022

    Insurer Says Coverage Limited In Co.'s Surfside Collapse Row

    A general contractor facing a number of underlying suits for its alleged role in the collapse of the Champlain Towers South condo in Surfside, Florida, is not owed coverage under its parent company's policy, an insurer told a Massachusetts federal court Wednesday, citing the policy's anti-stacking endorsement.

  • April 06, 2022

    Trucking Co. Can Only Recover $2M For Crash, Insurer Says

    An insurer told a Tennessee federal court Wednesday that it should be liable only for up to $2 million in coverage for a trucking company whose employee hit and injured a Georgia driver, saying its policy has a clearly defined limit.

  • April 06, 2022

    Haynes And Boone Adds New Insurance Partner To DC Office

    Haynes and Boone LLP has added another insurance litigator as a partner in its Washington, D.C., office, the firm announced Wednesday.

  • April 05, 2022

    Ex-Flint Mayor Says Water Report Omitted Safety Concerns

    Flint, Michigan's former mayor told a federal jury Tuesday that a water contractor now facing professional-negligence claims told city managers that corrosion control was primarily a matter of the water's appearance, not its safety.

  • April 05, 2022

    Ex-Ga. Insurance Chief Tells 11th Circ. To Toss Conviction

    Georgia's former insurance commissioner urged the Eleventh Circuit on Monday to reverse his conviction in a $2 million embezzlement case, saying the trial court made many errors, including allowing improperly obtained evidence and poorly instructing the jury.

  • April 05, 2022

    Nev. Justices May Revive Row Over $160M Resort Verdict

    The Nevada Supreme Court seemed poised during oral arguments on Tuesday to revive a Travelers unit's bad-faith dispute with an AIG excess insurer and the owner of the Cosmopolitan luxury resort over the refusal to settle an underlying personal injury suit that later resulted in a $160.5 million verdict.

  • April 05, 2022

    11th Circ. Says Settlement Can Be Basis For Bad-Faith Claim

    A consent judgment memorializing a private settlement agreement qualifies as an "excess judgment" that a policyholder can cite under Florida law to bring a bad-faith claim against their insurer, the Eleventh Circuit ruled Tuesday, overturning its unpublished ruling that held the opposite.

  • April 05, 2022

    6th Circ. Affirms Nationwide's Win In Travel Cancellation Row

    The Sixth Circuit affirmed on Tuesday an Ohio federal court's order tossing a proposed class action over Nationwide Mutual Insurance Co.'s refusal to cover flights that consumers canceled as a result of COVID-19, ruling that stay-at-home orders and advisories weren't quarantines protected by their policies.

  • April 05, 2022

    Possible Insurer Claims Eyed Ahead Of Condo Collapse Talks

    The Florida state judge handling litigation over the Champlain Towers South condominium collapse said Tuesday he would order insurers for the victims and condo association to attend mediation on their claims against the builders of a neighboring tower unless the insurers waive potential claims against them.

  • April 05, 2022

    5th Circ. Won't Let Insurer Escape Fatal Truck Accident Suit

    Penn-America Insurance Co. must defend a Texas trucking company in a suit accusing it of failing to maintain a level parking and loading facility after the tractor portion of a man's tractor trailer rolled back and fatally crushed him, the Fifth Circuit ruled, reversing a lower court.

Expert Analysis

  • Pa. Ruling Doesn't Support COVID-19 Biz Interruption Claims

    Author Photo

    A recent Law360 guest article argued that the Pennsylvania Supreme Court's decision in Friends of Devito v. Wolf provides a clear advantage to policyholders seeking business interruption coverage for COVID-19 losses, but the case is not even related to property damage, say Anthony Miscioscia and Timothy Carroll at White and Williams.

  • Liability Insurance Outlook For Opioid Public Nuisance Claims

    Author Photo

    As lawsuits against prescription opioid manufacturers are being narrowed to focus on public nuisance claims based on intentional business schemes, pharmaceutical companies may struggle to secure insurance coverage unless they can explain how these claims allege a fortuitous loss, say Patrick Bedell and Allyson Spacht at BatesCarey.

  • Are Litigation Funding Documents Protected From Discovery?

    Author Photo

    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • 3 Insurance Principles Behind Calif. Excess Policy Ruling

    Author Photo

    The California Supreme Court's recent decision in Montrose v. Los Angeles Superior Court, streamlining policyholders' ability to collect from multiple policies, is based on three state insurance principles specific to continuous injury, say attorneys at Reed Smith.

  • Virus Coverage Prospects Are Bright For Ind. Policyholders

    Author Photo

    Indiana’s strong history of rigorous protection for insureds and strict scrutiny of contract terms bodes well for policyholders seeking coverage for COVID-19-related losses, so they should not take denials at face value, say attorneys at Plews Shadley.

  • Pa. Ruling Strengthens Arguments For COVID Loss Coverage

    Author Photo

    This week, the Pennsylvania Supreme Court provided critical insight on the legal characterization and consequences of the COVID-19 crisis, finding policyholders’ business losses during the pandemic are indistinguishable from those caused by casualty events for which property-based insurance coverage has always been intended, says Jordan Rand at Klehr Harrison.

  • Problematic 'Unavailability' Insurance Exception Lives On

    Author Photo

    The Maryland Court of Appeals’ unfortunate decision in Rossello v. Zurich represents the second time in the last six months that a state supreme court has approved unavailability of insurance as an exception to the general rule of time-of-the-risk proration for long-tail claims, based on case law that is no longer good authority, says Michael Aylward at Morrison Mahoney.

  • COVID-19 Test Providers, Beware Kickback Enforcement Tool

    Author Photo

    Labs and providers offering COVID-19 tests should take several measures to reduce their risk of aggressive government prosecution of unlawful quid pro quos under the newly weaponized Eliminating Kickbacks in Recovery Act, says Joshua Robbins at Greenberg Gross.

  • A Call To Action For The Coming Insurance Litigation Siege

    Author Photo

    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.

  • Insurers Should Act Now To Guard Against COVID-19 Claims

    Author Photo

    If insurers are to stanch the flow of coverage claims from policyholders impacted by the coronavirus, they must be prepared to fight and win early cases concerning property insurance and other types of policies because even small cases could set important precedents at this stage, say attorneys at Lewis Baach.

  • Reinsurers Must Prepare For Coronavirus-Related Claims

    Author Photo

    Given the tremendous volume of insurance claims expected as a result of COVID-19 and the possibility that these claims will lead to reinsurance cessions, reinsurers should promptly review their assumed portfolios to determine their potential exposure, say Scott Seaman and Edward Lenci at Hinshaw & Culbertson.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

    Author Photo

    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • Should States Force Property Insurers To Cover Virus Losses?

    Author Photo

    A proposed New Jersey bill requiring some commercial property insurance policies to construe the coronavirus pandemic as a covered cause of loss would likely survive a contract clause challenge, but this type of law could set a dangerous precedent, say Linda Hsu and Savannah Montanez at Selman Breitman.