General Liability

  • November 24, 2021

    Cargill Wants Insurer To Cover $44M Worker Kickback Losses

    Cargill Inc. on Wednesday asked a Minnesota federal court to order its insurer to cover the $44.7 million loss the company said was the result of a bribery and kickback scheme involving former employees, claiming that the loss is covered under its commercial crime policy.

  • November 24, 2021

    Turkeys, Corn, Fire: Insurance Suits For This Thanksgiving

    Thanksgiving is a time of reflection on what one is grateful for, and for those with insurance policies, that might include coverage for the risks associated with the holiday. Here, Law360 takes a look at some lawsuits between policyholders and insurers from years past that involve Thanksgiving.

  • November 24, 2021

    Airport Insurer Says $26M Gas Poisoning Verdict Not Covered

    A $26.5 million jury verdict recently leveled against a Rhode Island airport for a carbon monoxide poisoning incident that injured two workers doesn't qualify for coverage because of a pollutant exclusion in the airport's policy, its insurer argued in federal court.

  • November 24, 2021

    Exclusion Bars Earthquake Suits Coverage, Okla. Justices Say

    The Oklahoma Supreme Court said an earth-movement exclusion precludes insurance coverage for an oil and gas company facing several lawsuits accusing its operations of causing earthquakes.

  • November 24, 2021

    USAA Wants Totaled-Car Class Suit Tossed Over Bankruptcy

    Insurance carrier United Services Automobile Association told a Georgia federal court Wednesday that a class action against it seeking coverage for the full amount of a tax on replacement cars should be tossed because the lead plaintiff filed for bankruptcy.

  • November 24, 2021

    Reinsurance Rates Likely To Rise Due To Disasters, Demand

    Demand for reinsurance continues to grow as primary insurers grapple with large payouts from natural disasters, which experts predict will lead to significant rate hikes in the sector that ultimately may boost profitability.

  • November 24, 2021

    Aon Execs Say Litigation Risk Insurance Can Ease Uncertainty

    Benjamin Franklin said in 1789 that the only two things certain in life are death and taxes. Litigation risk insurance, however, can help reduce some of the uncertainty plaintiffs and defendants may have before entering the courtroom, two Aon executives told Law360.

  • November 24, 2021

    No COVID Coverage For Canceled TV Show, Insurer Says

    An insurance company said it doesn't have to pay a television and production company for the cancellation of its TV show because it hasn't demonstrated or proved that the cancellation was due to the pandemic.

  • November 23, 2021

    Financial Co. Sues For Coverage In Investment Advising Case

    Centaurus Financial is owed coverage from an Intact Insurance unit for claims it provided poor advisory services, the investment services company told a California federal court, saying the insurer had wrongly denied all coverage.

  • November 23, 2021

    Ga. Justices Nix Insurers' Protest Of Truck Crash Coverage

    The Georgia Supreme Court declined Tuesday to hear an appeal from an insurer that provided nonbusiness-related coverage to a trucker who hit a motorcyclist, agreeing with appellate and lower courts that the insurer must cover the crash because the trucker was off the clock when it occurred.

  • November 23, 2021

    Insurer Says Policy Didn't Cover Driver Delivering For Amazon

    Great American Assurance filed a complaint Tuesday against Amazon and a transport company in an effort to collect reimbursement for its defense and payouts to settle an underlying motor vehicle lawsuit.

  • November 23, 2021

    Judge Discharges Hospital's Suit Over Botched Settlement

    A Pennsylvania federal judge scrapped a hospital's suit accusing its medical malpractice insurer of botching the settlement of state court litigation over birth injuries, finding the facility failed to clearly establish the amount of damages it sustained.

  • November 23, 2021

    Insurer Says Credit Union's Suit Uses Confidential Disclosures

    New York Marine and General Insurance Co. told a federal court to toss a Missouri-based federally chartered credit union's coverage suit over a proposed class settlement for defamation claims, arguing the suit is entirely based on improperly divulged disclosures during mediation.

  • November 22, 2021

    Poppy Seed Stroke Coverage Suit Belongs In NJ, Insurer Says

    A Liberty Mutual unit's coverage dispute with a nut company over a lawsuit alleging unwashed poppy seeds caused a woman's strokes should remain in the Garden State, the insurer told a New Jersey federal court.

  • November 22, 2021

    Insurer Gets $5.3M More In Damages Over Utah Development

    International Fidelity Insurance Co. will add $5.3 million to its $1.3 million win over a scrapped development project in downtown Salt Lake City, but must show more proof to justify its request for court expenses, according to an order by a Utah federal judge.

  • November 22, 2021

    Judge Stays Insurer's BIPA Coverage Row Pending Settlement

    An Illinois federal judge paused a coverage dispute brought by two insurers against McDonald's and a number of franchisees accused of violating the Illinois Biometric Information Privacy Act, noting that the underlying state court class action is in the process of being settled.

  • November 22, 2021

    Insurer, Ill. Wingstop Owners Settle BIPA Coverage Fight

    Society Insurance settled its coverage dispute with the owners of Illinois Wingstop restaurants who faced a now-settled proposed class action from a former employee alleging they violated the state's Biometric Information Privacy Act, according to an Illinois federal court's dismissal order.

  • November 22, 2021

    Coverage In Baldwin Shooting May Be Wanting, Experts Say

    The recent filing of two California lawsuits by crew members who witnessed the fatal shooting of cinematographer Halyna Hutchins on the "Rust'' film set will undoubtedly have the companies named as defendants scrambling for insurance coverage, which could be insufficient for the potential damages in play, legal experts say.

  • November 19, 2021

    Acthar Claimants Seek Mallinckrodt Chapter 11 Vote Probe

    A group with antitrust claims against Mallinckrodt on Friday asked a Delaware bankruptcy judge to appoint an examiner to investigate what it claims are thousands of questionable votes cast for the drugmaker's Chapter 11 plan on behalf of asbestos injury claimants.

  • November 19, 2021

    3rd Circ. Says Penn National Must Cover Wrongful Death Suit

    Penn National must indemnify a masonry subcontractor and pay its defense costs in a now-settled lawsuit over a construction worker's death, a Third Circuit panel ruled.

  • November 19, 2021

    NY's New Climate Guide May Usher In Insurance Changes

    Critics say the insurance industry has lacked transparency when it comes to managing the impact of climate risk, but regulators are starting to take steps that may force the industry to reckon with the big price tag that comes with extreme weather.

  • November 19, 2021

    Starr Surplus Dodges La. Car Dealers' Virus Coverage Claims

    A Louisiana federal judge granted Starr Surplus Lines Insurance's motion to dismiss a COVID-19 coverage suit from a group of car dealers, finding that its coronavirus-related losses weren't "direct physical loss or damage" that would trigger coverage.

  • November 19, 2021

    Insurance Industry Predicted To Grow In 2022, Report Says

    While the insurance industry is poised for a strong 2022, according to a new report from Deloitte, insurance executives remain concerned about new coronavirus variants and inflation.

  • November 19, 2021

    Dental Patients Say AIG Unit Must Cover Negligence Suits

    An AIG unit has a duty to defend the estate of a deceased dentist facing 10 negligence lawsuits and cover any claims because the dentist's insurance policy is ambiguous, former patients told a Colorado federal court Thursday.

  • November 19, 2021

    Pachulski Founder Takes Reins After Scouts Ch. 11 Email Row

    Pachulski Stang Ziehl & Jones LLP co-founder Richard M. Pachulski stepped in Friday as lead counsel for a key committee in the Boy Scouts of America's Chapter 11, days after accusations that a member of the firm had collaborated on an email sent to thousands of sexual abuse claimants, which a Delaware bankruptcy judge worried could taint voting on the Chapter 11 plan.

Expert Analysis

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Resolving Asbestos Suits Faster In The Pandemic And Beyond

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    Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.

  • Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling

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    The recent Second Circuit decision in Century Surety v. Metropolitan Transit Authority — holding that, for priority of coverage determination, a contractual indemnity agreement governs over an insurance policy's terms — highlights the importance of understanding how the dynamics between commercial contracts and insurance policies may help shift liability, say Syed Ahmad and Yaniel Abreu at Hunton.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • Pa. Lawmakers Must Save Medical Liability Venue Rule

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    The Pennsylvania Legislature should stop the state's Civil Procedural Rules Committee from rolling back a rule banning medical malpractice forum shopping, to avoid a return to rampant liability claims in high-verdict courts, sky-high insurance premiums for doctors and less public access to care, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.

  • What 9th Circ. Arbitration Case May Mean For Insurance

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    If the plaintiffs in CLMS Management Services v. Amwins Brokerage of Georgia appeal the Ninth Circuit's recent decision that state law does not bar the enforcement of arbitration clauses in insurance contracts, the case may have a significant effect on the different dispute resolution options for insurers and policyholders, say attorneys at Sheppard Mullin.

  • Enviro Review Standard Tweaks May Clarify Cleanup Liability

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    Forthcoming revisions to the standard for Phase I environmental site assessments will likely afford property owners and operators clearer protection from liability for hefty environmental cleanups, so interested parties in real estate and M&A deals should pay close attention, say Lorene Boudreau at Ballard Spahr and Mitchell Wiest and Sara Redding at Roux Associates.

  • Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

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    In Tims v. Black Horse Carriers, an Illinois state appeals court held that certain claims under the Illinois Biometric Information Privacy Act are subject to a one-year statute of limitations only, which may reduce commercial general liability insurers’ exposure to litigation under this act for several reasons, say attorneys at Kennedys.

  • Insurance Commissioner's Agenda: DC On Long-Term Care

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    Washington, D.C., Insurance Commissioner Karima Woods outlines the development of insurance coverage for older adults' long-term care benefits and how regulators and the industry are attempting to resolve issues with the popular product.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.