General Liability

  • August 08, 2024

    8th Circ. Avoids 'Absurd Results' In Geico HPV Suit

    While the Eighth Circuit reasonably interpreted a Geico auto policy as not providing coverage for a woman's claim that she contracted HPV during sexual encounters in a policyholder's car, carriers should heed the case as a warning to draft clearer policy language, policyholder and insurer-side attorneys alike agreed.

  • August 08, 2024

    Community Insurance Can Plug NFIP Gaps, Expert Says

    Community-based flood insurance can help cover insurance gaps and provide fast insurance relief to towns and cities at risk of flooding, UC Davis researcher and former Federal Emergency Management Agency engineer Kathleen Schaefer tells Law360.

  • August 08, 2024

    Conflicting Rulings Muddy Del. Stance On No-Action Clause

    Conflicting Delaware state court rulings on the enforcement of no-action clauses in liability insurance policies have called into question the compatibility of such clauses with an insurer's duty to defend, policyholder experts say.

  • August 08, 2024

    Colo. Judge Limits Ski Co.'s COVID Insurance Recovery

    An owner and operator of 15 ski resorts claiming roughly $200 million in COVID-19-related losses can recover only up to $1 million under its AIG policy's "loss of attraction" provision, a Colorado state court ruled, leaving nearly all other coverage issues up to a jury to decide.

  • August 07, 2024

    11th Circ. Affirms Unapportioned Wood-Theft Settlement

    The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.

  • August 07, 2024

    Mich. Insurance Agency Pushes Carriers To Safeguard AI Use

    The Michigan Department of Insurance and Financial Services urged insurance companies Wednesday to establish a program for the responsible use of artificial intelligence systems to comply with state laws barring unfair practices and discrimination in underwriting.

  • August 06, 2024

    Motorola, Phone Biz Denied $1.5M From Defunct Co.'s Insurer

    Cellphone maker Motorola and a phone and internet provider cannot get coverage for more than $1.5 million in judgments they won against a defunct marketing services company from that company's insurer, a Minnesota appeals court ruled, finding separate professional services and illegal profit exclusions apply.

  • August 06, 2024

    Blank Rome Adds Closed Insurance Boutique's Managing Atty

    Blank Rome LLP has brought on an insurance partner from now-shuttered boutique Pasich LLP to join its insurance recovery group, the firm announced Monday. 

  • August 06, 2024

    Farm Stench Insurance Coverage Case Saved By The Bugs

    A Georgia couple accusing their poultry-farming neighbors of wafting putrid smells and failing to contain insects birthed upon their property succeeded Tuesday in forcing the farm's insurer to defend the business thanks to the bugs, a Georgia federal judge ruled.

  • August 05, 2024

    Manufacturer Can't Get Coverage For BIPA Class Action

    An Illinois federal judge awarded a win to an insurer Monday in a suit over coverage of underlying Biometric Information Privacy Act litigation, finding a contractual exclusion prevented coverage for a machine and plastics manufacturer accused of failing to secure employee data.

  • August 05, 2024

    Insurer Must Face Pa. Trans Firefighter's Surgery Claim

    A Pennsylvania federal judge has refused to toss a suit from a transgender Philadelphia firefighter suing Independence Blue Cross for discrimination over the insurer's denial of coverage for facial feminization surgery, finding that claims under federal healthcare law could proceed, but not the Title VII claims.

  • August 05, 2024

    Pa. Utility Says Insurer Must Cover Spinoff Defense Costs

    A Pennsylvania-based utility company told a federal court that its excess directors and officers insurer failed to cover any portion of the $53.4 million it incurred defending underlying lawsuits related to the spinoff of a subsidiary, noting that its primary insurer already paid its full $20 million limit.

  • August 02, 2024

    Wolverine, Travelers Drop Coverage Claims Over PFAS Suits

    Footwear company Wolverine and various Travelers units have agreed to end their coverage battle over underlying lawsuits accusing the company of injuring individuals through its leather tannery operations and exposing individuals to so-called forever chemicals, the parties told a Michigan federal court.

  • August 02, 2024

    Insurers Seek Quick Win In $2M Injury Coverage Suit

    An AmTrust Financial unit and a Hartford unit each told a New York federal court that the other must solely cover a Manhattan property owner in a construction worker's $2 million injury action, disagreeing over whether the owner is an additional insured under the Hartford unit's policy covering a lessee.

  • August 02, 2024

    Kaufman Dolowich Grows In NY With 4-Atty Liability Team

    Kaufman Dolowich has bolstered its Westchester County, New York, office with four professional liability attorneys from Keidel & Cunningham, including three partners.

  • August 01, 2024

    4 Top Property Insurance Suits To Keep Watching In 2024

    A dispute in Hawaii's top court over defense for climate change claims and a Fifth Circuit suit over insurance for an arbitration award for construction defects are among some of the top cases in the property insurance sphere worth keeping an eye on. Here, Law360 looks at four cases with notable decisions or litigation to come.

  • August 01, 2024

    11th Circ. Denies Coverage, Despite Insurer's Missing Comma

    In a unanimous published opinion bound to frustrate grammarians, an Eleventh Circuit panel affirmed Thursday that though an insurer's policy might be missing a comma, the lack of punctuation didn't change its clear and unambiguous meaning, thus preventing payment to a food company.

  • August 01, 2024

    Judgment Insurance Market Continues To Solidify, Attys Say

    Insurance covering losses from a specific judgment or one that is reversed on appeal has become increasingly popular, attorneys tell Law360, raising questions on the extent courts will mandate disclosure of such policies and whether a critical mass of big-name carriers will wade into the market too.

  • August 01, 2024

    Insurance Litigation Week In Review

    The D.C. Circuit revived an insurer’s bid to enforce arbitration awards against Argentina, a California federal court freed two AIG insurers from defending McKesson’s opioid suits and an ex-Allied World Insurance executive pled guilty in a $1.5 million fraud case. Here, Law360 takes a look at the past week's top insurance news.

  • August 01, 2024

    Aon Cyber Head Says Recent Attacks Spur Insurer Scrutiny

    A spate of recent cyberattacks that have cost companies millions have raised existential questions about how cyberinsurance policies will continue to offset the growing risks. Law360 spoke with Brent Rieth, head of cyber solutions for North America at insurance broker Aon, about the role that brokers play in navigating market volatility.

  • August 01, 2024

    Insurer Wants Quick Win In NBA Team's Virus Coverage Suit

    The Sacramento Kings' insurer said it is entitled to an early win in a coverage dispute over pandemic-related losses that the basketball team and its arena operator incurred, telling a California federal court that the losses don't meet the policy requirement of "physical loss or damage" to property.

  • August 01, 2024

    Locke Lord Adds Insurance, Privacy Partners In Chicago

    Locke Lord LLP announced on Wednesday that two partners formerly of Sidley Austin LLP and Thompson Coburn LLP have joined the firm's insurance and cybersecurity practices out of Chicago.

  • August 01, 2024

    Growth In Captives Gives Insureds More Control, Experts Say

    As commercial policyholders continue to seek solutions addressing cost, coverage and control within the traditional insurance market, a steady uptick in captive insurance may be a viable option offering policyholders more control in their risk management programs, experts say.

  • July 31, 2024

    Rising Star: Cohen Ziffer's Orrie Levy

    Orrie A. Levy of Cohen Ziffer Frenchman & McKenna beat insurers' attempts to avoid defending Walmart in opioid lawsuits and secured a rare ruling setting aside a Delaware jury's verdict favoring an AIG unit in an insurance coverage trial, earning him a spot among insurance law attorneys under age 40 honored by Law360 as Rising Stars.

  • July 31, 2024

    AIG Units Off Hook In Defending McKesson Opioid Suits

    Two AIG insurers have no duty to defend McKesson Corp. over claims it intentionally over-distributed opioids, a California federal court ruled, saying the three underlying suits do not allege a potentially covered occurrence under policies issued between 1999 and 2004.

Expert Analysis

  • SEC's New Rules Likely Will Affect Cyber, D&O Insurance

    Author Photo

    The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.

  • Potential Marijuana Status Change Would Shift Industry Risks

    Author Photo

    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Key Provisions In Florida's New Insurer Accountability Act

    Author Photo

    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • Next Steps For Insurers After Ky. OKs Early 3rd-Party Claims

    Author Photo

    While insurers in Kentucky may face more statutory bad faith claims after a recent state Supreme Court decision clarified that third parties may bring these torts even before determination of coverage is finalized, insurers can adopt a variety of approaches to reduce their exposure, says Jason Reichlyn at Dykema Gossett.

  • Insurers, Prepare For Large Exposures From PFAS Claims

    Author Photo

    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • What To Know About Duty To Settle Insurance Claims In Texas

    Author Photo

    Laura Grabouski of Holden Litigation examines the parameters of Texas insurers' duty to settle liability claims within the limits of the primary policy, as knowledge of the requirements — and the potential exposure from insureds, judgment creditors or excess creditors — can pay dividends in the era of nuclear verdicts.

  • Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers

    Author Photo

    The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.

  • Insurance Ruling Shows Notice Letters Need Close Review

    Author Photo

    A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.

  • 11th Circ. Ruling May Impede Insurers' Defense Cost Recoup

    Author Photo

    The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

    Author Photo

    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

    Author Photo

    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • The Legal Issues Flying Around The Evolving Drone Market

    Author Photo

    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • What The ESG Divide Means For Insurers And Beyond

    Author Photo

    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.