General Liability

  • July 16, 2024

    Pet Store Chain Says AIG Unit Must Cover BIPA Claims

    An AIG unit is misconstruing policy exclusions in refusing to defend Pet Supplies Plus in a class action alleging violations of Illinois' Biometric Information Privacy Act, the pet store chain told a Michigan federal judge.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Towers Watson Asks 4th Circ. To Find Merger Dispute Covered

    Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.

  • July 15, 2024

    Casino Owner Says Insurer Must Face $130M COVID Loss Suit

    A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Subcontractor Ducks Counterclaims In $1M Army Lab Suit

    The prime construction contractor for a U.S. Army lab failed to provide enough evidence to bring counterclaims against a subcontractor in its $1 million breach of contract suit, a Massachusetts federal judge has ruled.

  • July 12, 2024

    Biggest Colorado Decisions Of 2024: A Midyear Report

    The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.

  • July 11, 2024

    NY Tells Insurers To Test AI For Discrimination Before Use

    New York has set a high bar for insurers' artificial intelligence systems, recommending Thursday that they avoid the technology for underwriting or pricing unless they determine the systems and their underlying data are compliant with consumer protection laws.

  • July 11, 2024

    The Top Property Insurance Decisions of 2024 So Far

    Two major state supreme court decisions on insurance coverage for pandemic losses and a Colorado ruling on whether policyholders can be excused for making late homeowners claims are among the top property insurance decisions of 2024 so far.

  • July 11, 2024

    9th Circ. To Weigh When Inter-Insurer Subrogation Is Allowed

    The Ninth Circuit next Thursday will hear oral arguments on whether an excess insurer can recoup from a primary insurer its $4 million share of a $5 million wrongful death settlement, even though the total settlement sum did not exceed the insurers' combined policy limits.

  • July 11, 2024

    Syracuse Diocese To Notice Creditors On Ch. 11 Releases

    Lawyers for the Diocese of Syracuse said they've come up with a process to collect creditor consent for third party releases in an already voted on reorganization plan, telling a New York bankruptcy judge Thursday the approach will hopefully head off confirmation issues after the U.S. Supreme Court struck down nonconsensual third party releases in Chapter 11 plans.

  • July 11, 2024

    Insurance Litigation Week In Review

    Foreclosure prevented a man's house fire windfall, a former Georgia insurance commissioner sought a lesser sentence for his kickback scheme, Kiwanis leaders and sex abuse survivors demanded coverage, and a federal judge extended a penile enlargement injury coverage suit.

  • July 11, 2024

    Climate Suit Report Highlights Carrier Greenwashing Risk

    A recent report highlighting global trends in climate change litigation points to a potentially significant source of exposure for insurers in the form of what are known as greenwashing suits against their insureds, and more direct risks against carriers themselves, experts say.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    Connell Foley Attys Part Of NJ Insurance Trio At Kennedys

    Global law firm Kennedys CMK has brought on two former Connell Foley LLP attorneys and a former senior litigation counsel for an insurer to bolster its insurance coverage team in New Jersey, the firm announced Thursday.

  • July 11, 2024

    Mich. Asks Appeals Court To Rethink Nationwide's Tax Win

    Michigan insurance companies that are part of Nationwide are required to file taxes as individual entities and not as a unitary group, Michigan's tax department said, asking the state Court of Appeals to reconsider its opinion in the case.

  • July 10, 2024

    Co. Wants 'Duplicative' $18.8M Theft Coverage Suit Tossed

    A Georgia shopping center owner involved in coverage disputes with its insurer after suffering an $18.8 million theft and vandalism loss asked a Georgia federal court to dismiss or stay its insurer's case until its own prior Texas state loss coverage action against the carrier is decided.

  • July 10, 2024

    Insurer, Property Cos. Settle Lead Poisoning Coverage Suit

    An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.

  • July 09, 2024

    Nonprofit's Insurer Needn't Cover Worker's Car Crash Row

    A nonprofit's insurer has no obligation to indemnify a worker who was sued by another driver after a December 2019 car crash, a Florida federal court ruled, rejecting the worker's personal insurers' bid to recover defense and settlement costs.

  • July 09, 2024

    CNA Seeks Toss Of Lockheed's Contamination Coverage Suit

    A CNA Financial unit urged a Maryland federal court to toss Lockheed Martin's suit accusing the insurer of wrongfully refusing coverage for underlying contamination suits, saying the very same issues are already pending before a New York federal court.

  • July 09, 2024

    Insurer Seeks $1.7M For Damaged Concert Gear

    An insurer is seeking to recoup over $1.7 million in damages it incurred after concert gear was damaged en route to New York from Belgium, telling a New York federal court Tuesday that a shipping company owed a duty to the cargo's owner to deliver its products safely.

  • July 08, 2024

    NC Tax On Premiums Lowered For Some Insurance Cos.

    North Carolina will reduce its tax on premiums paid in the state to some out-of-state liability insurance groups under a bill signed by Gov. Roy Cooper. 

  • July 05, 2024

    Insurers Allegedly Evaded Kiwanis Foster Home Abuse Claims

    Insurers owned by Travelers, AIG and other big-name insurance groups have been accused of dodging their duty to pay a multimillion-dollar judgment resolving child sex abuse survivors' claims against a foster boys home that was run by Kiwanis International, according to a new lawsuit in Washington federal court.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

Expert Analysis

  • Navigating High Court's Options In Insurer Choice Of Law

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    Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.

  • 7th Circ. Adds To Range Of Opinions On MCS-90 Endorsement

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    The Seventh Circuit's recent opinion in Prime Insurance Company v. Wright helps illustrate how the variation among courts as to when the federally mandated MCS-90 insurance endorsement for motor carriers is satisfied often hinges on exactly how "interstate commerce" is defined, says Rick Boepple at Akerman.

  • NY Rulings Show Shift In Insurance Priority Approach

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    Some recent New York state decisions considering coverage priority of primary and excess insurance policies and contractual indemnity claims run against clear policy language, which should trump extrinsic evidence of intent, says Dan Kohane at Hurwitz Fine.

  • Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

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    With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.

  • Pollutant Insurance Case Holds Clues For Ohio Train Litigation

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    A recent Rhode Island Supreme Court decision in Regan Heating v. Arbella could mean that the wide-reaching impacts of the February train derailment in East Palestine, Ohio, will trigger the enforcement of any total pollution exclusion contained in Norfolk Southern's commercial general liability policy, says Kayla O’Connor at Saxe Doernberger.

  • Establishing A Record Of Good Faith In Mediation

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    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

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    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.

  • Fla. Bill Would Rein In Personal Injury Litigation Excesses

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    A recently proposed bill in the Florida House that would change bad-faith laws and the admissibility of medical bills for services performed under a letter of protection would provide reasonable checks on practices that are far too common in personal injury cases in the Sunshine State, say attorneys at Baker Donelson.

  • Takeaways From Tree-Clearing Co.'s 11th Circ. Insurance Win

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    The Eleventh Circuit's recent decision in Frankenmuth Mutual v. Brown's Clearing, interpreting the extent of knowledge required to trigger an insured's notice obligations under a commercial general liability policy, is both a welcome sign and a cautionary tale for corporate policyholders, say Garrett Nemeroff and Christopher Kuleba at Reed Smith.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • Why General Liability Carriers Are Wary Of SEC Climate Rule

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    The U.S. Securities and Exchange Commission's proposed rule to require companies to formally report climate change risks could come into play in five areas that should be concerning to companies and their general liability insurers, says Eric Scheiner at Kennedys.

  • Wis. High Court Ruling May Open Door To Coverage Exception

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    The Wisconsin Supreme Court’s recent decision in Dostal v. Strand finding that an insurer had to defend a civil action following the defendant's criminal conviction on the same facts nonetheless may suggest an exception to the complaint test for determining an insurance company's defense obligation, say David Hollander and Clementine Uwabera at Stafford Rosenbaum.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.