General Liability

  • August 19, 2024

    9th Circ. Partially Revives State Farm Car Value Class Action

    A split Ninth Circuit panel partially revived a class action accusing State Farm of undervaluing policyholders' totaled vehicles when paying out claims, saying Monday that a Washington federal court abused its discretion in decertifying one of two classes based on a previous Ninth Circuit ruling.

  • August 19, 2024

    Canadian Insurer Secures Arbitration In Auto Accident Dispute

    A Canadian man must arbitrate his dispute with a Canadian state-owned insurer over an underinsured motorist claim, a Hawaii federal judge ruled, finding that the man failed to prove that arbitration was precluded from being held in British Columbia.

  • August 19, 2024

    4th Circ. Cuts Liberty Loose In Medicare Reimbursement Row

    A North Carolina widow can't revive a proposed class action accusing Liberty Mutual of failing to reimburse Medicare for her deceased husband's medical costs, the Fourth Circuit said Monday, finding she wasn't injured and therefore lacked standing to sue.

  • August 19, 2024

    Free Speech Group Says NY Official Must Face NRA's Suit

    A former New York state official isn't immune from the National Rifle Association's suit claiming she violated the group's rights by pressuring financial institutions to cut ties with it, a free speech group told the Second Circuit on Monday, citing a recent U.S. Supreme Court decision in the dispute.

  • August 16, 2024

    Insurer Seeks Early Win In Faulty Home Construction Dispute

    A construction company's insurer echoed its stance that its insured is not owed coverage for an underlying faulty workmanship lawsuit, telling a Georgia federal court that the defects alleged do not equate to property damage outside the contractor's own work, thus falling outside the policy's scope of coverage.

  • August 15, 2024

    Specialty Line Insurance Cases To Note: 2024 Midyear Report

    The remainder of 2024 promises developments in several ongoing specialty line cases that can reshape bump-up exclusions in directors and officers policies, cyber coverage for loss mitigation costs and payment practices for defense costs.

  • August 15, 2024

    Harvard Late In Suing Broker For Tardy Admission Suit Notice

    Harvard University was 13 months late in bringing breach of contract claims against its insurance broker for its belated notification to Zurich American Insurance Co. about an ultimately successful legal challenge that upended affirmative action in higher education, a Boston federal judge said Thursday. 

  • August 15, 2024

    'Rise Of The Insurance Beast': Cases Take Over Colo. Courts

    Colorado's chief U.S. magistrate judge told a room full of attorneys Thursday that insurance cases have started to dominate the court's dockets, comprising almost half the district's civil jury trials last year.

  • August 15, 2024

    Insurance Litigation Week In Review

    The First and Third circuits asked state high courts to answer coverage questions, a Massachusetts state appeals court ruled on coverage for construction defects for the first time, the Second Circuit considered whether a letter constituted a claim and the Texas attorney general accused General Motors of misusing driver data.

  • August 15, 2024

    Calif. Virus Ruling Gives Clarity On Illusory Coverage

    California policyholders were disappointed while the state's high court continued to rule in insurers' favor on pandemic coverage, but experts say the emphasized standard of proof as to when coverage is actually rendered illusory could be a beacon of clarity for insureds.

  • August 15, 2024

    No Coverage For Las Vegas Apartment Fire Suits, Judge Says

    An excess insurer needn't cover the owners of a Las Vegas apartment building in underlying suits over a 2019 fire that left six people dead, a Nevada federal court ruled, saying the property was not a designated location under the policy.

  • August 15, 2024

    $1M Limit Applies For Motel Shooting, 4th Circ. Told

    A man injured in a motel shooting told the Fourth Circuit that his potential insurance recovery under the motel's policy with a Travelers unit should be $1 million, arguing the shooting was an accident and thus fell outside an assault and battery endorsement's $100,000 sublimit.

  • August 15, 2024

    Texas Windstorm Insurer Strikes Balance With Rate Hike

    A recent rate hike approved by Texas' windstorm insurer of last resort underscores the urgency of balancing the financial needs of both insurers and policyholders following damaging storms like Hurricane Beryl in an already strained property insurance market, experts say.

  • August 15, 2024

    Insurtechs Face Fewer Reg Roadblocks, Attorney Says

    Tech innovators in the insurance industry are facing a more understanding and cooperative regulatory environment than they once dealt with, said an insurance attorney who helped steer an early mover in the arena of insurtech.

  • August 14, 2024

    Insurer Fights $29M Judgment Over Fatal Crash Coverage

    An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.

  • August 14, 2024

    Insurer Off Hook For Jury Award In Construction Dispute

    A commercial insurer does not have to indemnify a contractor found liable for multiple structural and other problems in a home he built, a Massachusetts intermediate appellate court concluded Wednesday in a case of first impression involving what is considered "property damage" in a construction dispute.

  • August 14, 2024

    Mich. Court Stands By Unitary Biz Ruling For Nationwide

    A Michigan state appeals court will not reconsider its decision that insurance companies that are part of Nationwide should file their taxes as a unitary group, and denied the state Treasury Department's request for reconsideration.

  • August 13, 2024

    Texas AG Targets General Motors Over Unlawful Data Sales

    Texas' attorney general has escalated his probe into data privacy practices at connected car manufacturers, hitting General Motors with a lawsuit in state court Tuesday accusing the automaker of unlawfully gathering and selling drivers' private data — which would then be resold to insurance companies — without permission.

  • August 13, 2024

    1st Circ. Kicks UIM Coverage Battle To RI Justices

    The First Circuit asked the Rhode Island Supreme Court to consider the extent an individual who is injured in an auto accident during the scope of their employment is entitled to underinsured motorist coverage under their employer's policy, saying "insurance law is notoriously complex and today's appeal proves that point."

  • August 13, 2024

    3rd Circ. Refers Sex Traffic Coverage Issues To Pa. Justices

    The Third Circuit asked the Pennsylvania Supreme Court to consider whether an insurer's duty to defend and indemnify is repealed when an insured is accused of enabling or profiting from sex trafficking, telling Pennsylvania's high court that the decision has far-reaching state and public implications.

  • August 13, 2024

    Contractors Owe $7M For Iron Plant Fire, Insurer Says

    An insurer for one of the world's largest steel producers told a Texas federal court that five companies it said were responsible for the design, manufacture, sale and installation of a failed component at an iron plant must foot the bill for a fire that cost the producer nearly $7 million.

  • August 13, 2024

    Ski Resort, Insurer End COVID Closure Suit Days Before Trial

    Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.

  • August 12, 2024

    Insurer Says No Coverage For Hotel In Sex Trafficking Case

    An insurer told a Virginia federal judge it didn't owe coverage to a hotel owner accused of participating in sex trafficking at its Super 8 Motel turned Quality Inn, because criminal acts were not covered under state rules or by the policy.

  • August 08, 2024

    No Private Right To Sue After 'Total Loss,' Colo. Panel Says

    Colorado policyholders cannot sue their auto insurers to enforce a statute requiring them to cover vehicles' title and registration fees when vehicles are declared a total loss, a Colorado appeals court ruled Thursday, finding the statute contains no implied private right of action.

  • August 08, 2024

    Illinois Biometric Privacy Reform Eases Coverage Woes

    Illinois reformed its biometric privacy law that started a wave of litigation by limiting the potential liabilities for sharing biometric data without informed consent, which experts said will ease the coverage concerns of both policyholders and insurers.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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.

  • Consider Self-Help To Trigger Additional-Insured Status

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    A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.

  • Why 7th Circ.'s BIPA Insurance Analysis Is Significant

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    The Seventh Circuit's ruling in Citizens v. Wynndalco is the first appellate opinion on one of the three major exclusions raised by insurers faced with a duty to defend alleged violations of the Biometric Information Privacy Act and could foreshadow future BIPA opinions favoring policyholders, say John Vishneski and Adrienne Kitchen at Reed Smith.

  • What 6th Circ. Ruling May Portend For PFAS Coverage Cases

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    The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.

  • Insurance Considerations For State Biometric Privacy Claims

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    As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

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    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.