General Liability

  • April 05, 2022

    Insurer Says Only $1M Available For Day Care Death Settlement

    Markel Insurance Co. asked a Maryland federal court to toss a claim brought against it by another insurer for payment toward a $4 million settlement of an underlying federal action over an infant's death, saying its payment of $1 million to settle a related state suit exhausted its policy limits.

  • April 05, 2022

    Policyholder Attys Applaud Ohio Integrated Systems Ruling

    Counsel for policyholders don't mind that Ohio justices took the scenic route when ultimately finding that tort law's so-called integrated systems rule does not apply to an insurance contract dispute over coverage for tons of discarded glass containers, saying it will bolster hopes for component makers in similar suits.

  • April 05, 2022

    Ohio Appeals Court Rejects Woman's Crash Coverage Claim

    An insurer is not obligated to pay $25,000 in underinsured motorists coverage to a policyholder for a 2017 car accident, an Ohio appeals court ruled, saying the woman and her husband received the full policy limit when they were paid by the other driver's insurance company.

  • April 04, 2022

    Amazon Can't Get Coverage In Sex Pill Suit, Insurer Says

    Evanston Insurance Co. told a California federal court Monday that it should have no coverage obligations to a wholesaler, its director and two Amazon entities accused of fraud and negligence for selling male enhancement pills that a man said caused his heart attack.

  • April 04, 2022

    Mass. Justices Told Atty Fee Award Must Be Covered

    The Massachusetts Supreme Judicial Court heard oral arguments Monday on whether an attorney fee award constitutes damages "because of" bodily injury, with the dispute appearing to hinge on whether a reasonable policyholder would interpret their policy that way in light of a narrow, inapplicable exclusion exception for such payments.

  • April 04, 2022

    Cyber Coverage Hopes Buoyed By Target Data Hack Win

    Target's victory in getting coverage for $138 million in settlements for the costs of replacing credit cards after a 2013 data breach underscores courts' willingness to accept that cyberattacks can result in damage to physical property covered under noncyber policies.

  • April 04, 2022

    Md. Judges Tread Carefully On Intended-Beneficiary Question

    The Maryland Court of Appeals debated Monday whether third-party tort claimants should be able to modify a settlement entered into by insurers and policyholders, with judges giving significant weight to the public policy and broader insurance implications of a ruling for either side.

  • April 04, 2022

    Chubb Unit Dodges Coverage Of Energy Co.'s $21M Deal Row

    A Chubb unit has no duty to defend an energy company in an underlying suit accusing it of holding $21 million from an invalid transaction, a Texas federal judge ruled, saying the company's claim for coverage was made before the policy commenced.

  • April 04, 2022

    Ex-Gov. Can Appeal Order Forcing His Testimony In Flint Trial

    A Michigan federal judge granted former Michigan Gov. Rick Snyder's request for an interlocutory appeal of a ruling that he cannot plead the Fifth Amendment on questions he previously answered in depositions, finding "an expedited ruling from the Sixth Circuit would materially advance the ultimate termination of this litigation."

  • April 04, 2022

    Lionbridge Insurer Faces Wary 1st Circ. In Trade Secrets Row

    A pair of First Circuit judges on Monday suggested that Lionbridge Technology Inc.'s insurer can't renege on its duty to defend the translation services company after it previously agreed that the underlying trade secrets suit was covered by its policy.

  • April 01, 2022

    State Farm Wants Out Of Movie Theater Shooting Suit

    State Farm Fire and Casualty Co. asked a Pennsylvania federal court Friday to declare that it doesn't owe coverage to a man accused of negligently shooting a minor in the leg in a movie theater, arguing that its policies with the man don't cover intentional acts.

  • April 01, 2022

    Insurer Says No Coverage For Alex Jones' Sandy Hook Suits

    Conspiracy theorist and shock radio host Alex Jones and the network broadcasting his show are not entitled to coverage in defamation suits brought by families of Sandy Hook Elementary School shooting victims, an insurer told a Connecticut federal court Friday, saying its policies don't cover personal and advertising injuries.

  • April 01, 2022

    Contractor Says Insurer Owes Coverage In $10M Injury Suit

    A general contractor urged a New York federal court to declare that its commercial general liability insurer must cover an underlying suit that accuses the contractor of negligently causing an infant's injuries and seeks $10 million in damages.

  • April 01, 2022

    1st Circ. To Mull Insurer's Duty Scope In Lionbridge Fight

    The First Circuit will hear oral arguments Monday on whether a federal court correctly freed a CNA Corp. insurer of its duty to defend Lionbridge Technologies in a $300 million underlying trade secrets suit with a rival translation company in a case that could test the bounds of an insurer's obligations under Massachusetts law. Here, Law360 breaks down the case in advance of Monday's hearing.

  • April 01, 2022

    Florida's Henderson Franklin Snags Former Judge Advocate

    Fort Myers, Florida-based firm Henderson Franklin Starnes & Holt PA snagged a former military lawyer as a new stockholder in its tort and insurance litigation department.

  • March 31, 2022

    Auto Accessory Co. Denied More Coverage In BIPA Suit

    An automotive accessory company that previously won coverage of an underlying lawsuit alleging violations of biometric privacy laws doesn't have coverage under a similar policy with a different insurer, an Illinois federal judge ruled, even though the exclusions at hand were identical.

  • March 31, 2022

    Insurer Tells 6th Circ. To Seal Win In Opioid Defense Row

    An insurer urged the Sixth Circuit to affirm a lower court's ruling that it need not defend a drug distributor in suits brought by state and local governments over its role in the opioid epidemic, saying the underlying claims do not trigger coverage.

  • March 31, 2022

    Litigation Expert Says Scouts Ch. 11 Strips Trial Rights

    An expert in sexual abuse claim litigation testified Thursday in the Chapter 11 plan confirmation hearing of the Boy Scouts of America that the debtor's proposed plan would strip sex abuse claim defendants of rights they would have in the tort system.

  • March 31, 2022

    Health Plans Squeezed By Opioid Drug Scheme, 3rd Circ. Told

    A Pennsylvania federal judge erred by finding that a rule limiting antitrust claims to direct purchasers sank racketeering lawsuits brought by health care plans claiming they overpaid for the opioid withdrawal drug Suboxone, the Third Circuit heard during oral arguments Thursday.

  • March 31, 2022

    Post-Floyd Unrest Spurred Coverage Concerns, New Policies

    This May will mark the two-year anniversary of the killing of George Floyd, which not only sparked racial justice protests nationwide and reignited a debate over police brutality but also opened up a new line of insurance coverage for law enforcement officers who may face liability for violent conduct.

  • March 30, 2022

    Judge OKs $83M Deal In Surfside Collapse Over Objections

    The Florida judge overseeing the consolidated litigation over the Champlain Towers South condominium collapse on Wednesday approved the $83 million deal that will allow property loss victims to exit the litigation, calling it an "outstanding result" for survivors who lost their units.

  • March 30, 2022

    Insurer Expert Raises Concerns About Scouts' Ch. 11 Trust

    A trust governance expert testified Wednesday during the Chapter 11 plan confirmation trial of the Boy Scouts of America that the structure of a $2.7 billion settlement trust created a situation where parties with specific financial interests could exercise control over the fund.

  • March 30, 2022

    Insurers Handed Different Fates In Franchisee's BIPA Suit

    A McDonald's franchisee accused in a lawsuit of violating biometric privacy laws is owed coverage from one of its insurers but not both, an Illinois federal judge ruled Wednesday, finding that only one of the policies contains an applicable exclusion.

  • March 30, 2022

    9th Circ. Won't Revive PG&E Ch. 11 Plan Appeal

    The Ninth Circuit on Tuesday refused to revive an appeal of Pacific Gas and Electric Co.'s Chapter 11 plan, saying the entities seeking the appeal never asked to pause the implementation of the bankruptcy plan and undoing that plan now wouldn't be fair to other creditors.

  • March 30, 2022

    Insurers Must Cover Co. In Failed Water Treatment Project Suit

    A water treatment company that was sued over its work installing a mercury-removal system in a wastewater plant that caught fire twice is covered in that litigation under policies issued by a Chubb unit and a Liberty Mutual unit, a New York federal court said Wednesday.

Expert Analysis

  • Don't Assume 'Physical Loss' Language Bars Virus Coverage

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    A recent Law360 guest article mistakenly assumes that many standard insurance policies will not cover COVID-19 business interruptions without a specialized endorsement, when in actuality courts will not automatically deny such claims because of a physical damage requirement, says Stacy Tucker at Kantor & Kantor.

  • 8 Possible Paths To Insurance Coverage For COVID-19 Losses

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    At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

  • Future Battles Foreshadowed In First COVID-19 Insurance Suit

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    The first insurance lawsuit on record for coronavirus coverage — Oceana Grill v. Certain Underwriters at Lloyd's, filed in Louisiana state court — highlights key questions that will be echoed across the country and underscores the importance of acting now to preserve claims, says Tae Andrews at Miller Friel.

  • NJ Cos. May Have Insurance Coverage For COVID-19 Losses

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    Two New Jersey cases from 2009 and 2014 indicate that the physical injury requirement under property insurance policies may be interpreted broadly enough to apply to losses resulting from the coronavirus crisis, say Robert Chesler and Nicholas Insua at Anderson Kill.

  • Risk Mitigation Tools For Cos. Facing Coronavirus Losses

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    As the coronavirus outbreak continues to spread, companies anticipating business interruptions can look to insurance policies and alternatives like force majeure clauses to offset potential losses, say attorneys at Haynes and Boone.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Using Missing Facts As A Defense In NYC Asbestos Suits

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    Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.

  • Ill. Insurance Coverage Cases From 2019 Settle Key Questions

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    A number of significant insurance decisions in Illinois this year — including a state Supreme Court case that reestablished certainty for malicious prosecution coverage — should have a lasting effect on Illinois coverage jurisprudence, say Jonathan Schwartz and Timothy Loftus of Goldberg Segalla.

  • Private Equity Wants To Buy Your Asbestos Liabilities

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    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • The Key Issue In Revived Sex Abuse Claim Insurance Disputes

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    With multiple states reopening the statute of limitations for survivors of childhood sexual abuse — New York's law took effect Wednesday — more insurance coverage disputes are sure to arise, and the overriding question in many of these disputes is how to quantify the number of occurrences, say attorneys at Blank Rome.

  • Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.