General Liability
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April 07, 2025
Insurer Seeks $300K For Damaged Crane Barge
An insurer told a California federal court it is owed $300,000 from the federal government and a California county for damages its insured's barge sustained when it struck a drawbridge because the government entities failed to raise the bridge after receiving a signal to do so.
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April 07, 2025
Insurer Settles Ga. Motel Shooting Coverage Suit
StarStone National Insurance Co. has settled a coverage dispute with a Georgia motel over whether the insurer was obliged to defend the establishment from a negligent security claim brought by the family of a man robbed and murdered on the premises five years ago, the company said Friday.
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April 07, 2025
Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row
A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.
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April 04, 2025
Insurer's Policy Won't Cover General Contractor In Injury Suit
An Illinois federal judge has permanently tossed a construction company's bid for insurance coverage on an underlying injury suit under one of its subcontractor's policies, saying the injury suit doesn't include the kind of claim that would have triggered coverage.
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April 04, 2025
Pipe Cos. Settle $3M Cargo Damage Dispute With Insurer
A steel pipe importer and a distributor reached a settlement with an insurer in a $3 million dispute over cargo lost and damaged in transit from South Korea, according to a notice filed in a California federal court.
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April 04, 2025
Liberty Mutual Must Cover Trafficking Suits, Red Roof Says
Red Roof Inn is entitled to a defense from Liberty Mutual for 11 underlying suits involving alleged human trafficking at various hotel locations, the company told an Ohio federal court Friday, saying the insurer has reneged on its agreement to provide coverage.
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April 04, 2025
Meta Wins Bid To Transfer Del. MDL Coverage Fight To Calif.
The Judicial Panel on Multidistrict Litigation sent a Delaware insurance-coverage dispute between Hartford, Chubb Group entities and Meta to California where underlying personal-injury litigation is centralized, finding that although the parties accuse each other of forum shopping, "we are not inclined to finely parse which is the guiltier party."
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April 04, 2025
Insurance Co. Can't Nix Religious Bias Suit Over Vax Mandate
A Rhode Island federal judge declined to toss an insurance company worker's suit claiming he was illegally fired for refusing to get vaccinated against COVID-19 for religious reasons, ruling he showed his faith was sincere enough to keep his claims in court.
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April 03, 2025
DC Climate Insurance Event Highlights Need For Acute Action
A group of leading insurance industry regulatory and policy experts convened in Washington, D.C., on Thursday, expressing a need for greater collaboration and resources in order to quickly scale up eco-friendly insurance products and business practices.
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April 03, 2025
Texas Appeals Court Reverses Exxon's $25M Insurance Win
A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.
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April 03, 2025
NY Ghost Gun Win Adds To Concerns Of CGL Policy Breadth
A New York federal court's ruling that an AIG unit isn't obligated to defend a Washington state firearms retailer accused of knowingly selling unfinished components that could be used to assemble "ghost guns" underscored policyholder attorneys' concerns that commercial general liability coverage continues to narrow, as insurers tally another win in a dispute over intentional conduct.
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April 03, 2025
Insurer Says It Has No Duty To Defend Mich. City In Tax Fight
Insurance company Argonaut said in a federal court complaint Wednesday that it shouldn't have to pay to defend Ann Arbor, Michigan, in a lawsuit alleging that the city's decades-old stormwater drainage charges are an unlawful tax, pointing to the public official liability and financial loss exclusions in the city's policy.
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April 03, 2025
Law Firm Says Insurer Shorted On Defense Of Blackmail Suit
A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with the settled underlying lawsuit she filed.
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April 03, 2025
Insurance Litigation Week In Review
An AIG unit needn't defend a firearms retailer accused of contributing to gun violence by selling "ghost gun" components, another AIG insurer doesn't owe coverage for a tribe's COVID-19-related losses and a class of Progressive policyholders sought final approval of a $43 million vehicle settlement over vehicle valuations. Here, Law360 takes a look at the past week's top insurance news.
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April 03, 2025
CGL Loss Hikes Highlight Underwriting, Tort Reform Efforts
Liability premiums continue to rise as a result of insurers' escalating loss trends, according to insurance broker Lockton's quarterly market update, and as social inflation continues to impact the United States' market, industry experts heed Lockton's concerns over stricter underwriting practices and the debate surrounding tort reform.
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April 03, 2025
Insurance Pros Size Up Major Industry Risks At NYC Forum
The influence of litigation financing, artificial intelligence and climate change on insurance law were among key topics this week as insurance experts discussed the biggest risks in the property and casualty space. Here, Law360 breaks down highlights of remarks by attorneys and industry experts at the Practising Law Institute in New York.
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April 02, 2025
Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits
An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.
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April 02, 2025
Potbelly Says Insurer Must Cover Wage Transparency Suit
Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.
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April 02, 2025
Shooting Victim Can't Get $1M Under Policy, Berkshire Says
A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.
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April 02, 2025
No-Fault Tolling Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.
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April 01, 2025
Berkshire Unit Denied Reimbursement For Asbestos Coverage
Two excess insurers for a drywall company have no duty to reimburse another excess insurer for payments it made to settle two asbestos injury lawsuits, a Texas federal court ruled, finding those lawsuits didn't allege an occurrence within the two excess insurers' policy periods.
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April 01, 2025
Chamber, Trade Groups Back Insurer's Class Cert. Review Bid
The U.S. Chamber of Commerce and major insurance industry groups urged the U.S. Supreme Court to undo a Ninth Circuit decision allowing a class action to proceed against State Farm over its use of "negotiation adjustments" to calculate payouts for totaled vehicles.
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April 01, 2025
Homeowners Premiums Rose 24% In 3 Years, Report Says
Average homeowners insurance premiums in the United States rose by 24% from 2021 to 2024, a national crisis that is putting pressure on Americans with mortgage burdens, according to a report issued Tuesday by the Consumer Federation of America.
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
Insurer Can Limit Rates But Not Counsel In Utility Litigation
A Swiss Re unit can limit the rates it pays to defend utility company Aqua's successor entity in litigation over alleged lead contamination in a Chicago suburb's water supply, a Pennsylvania federal judge has ruled, adding that the insurer cannot make Aqua change its counsel.
Expert Analysis
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.