General Liability

  • June 27, 2024

    2024 'Super Election Year' Shows Value In Risk Management

    Insurance experts are warning of potentially heightened risks as the 2024 presidential race ramps up in the U.S. and elections take place abroad, advising policyholders and insurers to maintain a strong understanding of their policies ahead of potential political unrest.

  • June 27, 2024

    Insurer Climate Risk Report Drawing Regulatory Attention

    A recent report finding that insurers are making mixed progress on climate risk disclosures will draw regulators' attention as they continue to shape how carriers detail information about their emissions and climate policies, experts say.

  • June 27, 2024

    Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit

    A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.

  • June 26, 2024

    Travelers Nabs Partial Win In Asbestos Coverage Dispute

    A Travelers unit only has a duty to indemnify but not defend a drywall and paint company that faces several underlying asbestos injury lawsuits, a Texas federal court ruled, rejecting the company's reading of "not covered" in its umbrella policy providing excess coverage.

  • June 25, 2024

    1 Of 2 Carriers Off Hook For $8M Garage Damage Verdict

    An insurer for a now-defunct maintenance company has no duty to cover an $8 million jury verdict it faces over parking garage damage, an Indiana federal court ruled, adding that whether a separate insurer for the company must foot the bill can not yet be determined.

  • June 24, 2024

    Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death

    Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.

  • June 24, 2024

    Nev. Restaurant Co.'s COVID Suit Is Kept Alive

    A group of insurers can't avoid a restaurant holding company's bid for coverage of COVID-19-related losses, a Nevada state court ruled, finding that the state supreme court's ruling on the subject didn't control the action because of an infectious disease endorsement in the company's policies.

  • June 24, 2024

    No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms

    The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.

  • June 24, 2024

    Insurer Says Paralympic Org Not Covered In Sex Abuse Row

    The U.S. Olympic & Paralympic Committee should have no coverage in a lawsuit accusing it of negligence after a Paralympic swimmer said he was sexually abused by a teammate, an insurer for the committee told a Colorado federal court, citing an "absolute abuse or molestation" exclusion. 

  • June 21, 2024

    No Coverage For La Quinta Sex Assault Claims, Insurer Says

    The insurer of a La Quinta Inn & Suites location told a Texas federal court it owes no defense or indemnity in an underlying state court lawsuit alleging the hotel negligently failed to prevent the sexual assault of a minor on its property.

  • June 21, 2024

    Mich. Appeals Panel Rescinds Coverage For Auto Policy Fraud

    A Michigan appeals court panel said a trial court was wrong for not rescinding auto insurance coverage held by a woman who made misstatements on her insurance application before she was injured in an accident. 

  • June 21, 2024

    Wolverine Inks Deal To End PFAS Coverage Fight

    Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."

  • June 21, 2024

    Mich. Panel Says Default Judgment Covered Per No-Fault Law

    A Progressive unit must pay a $250,000 default judgment in a motor vehicle negligence case even though the insurer said its policyholder failed to cooperate, a Michigan appeals court ruled, finding a state Supreme Court decision predating Michigan's no-fault insurance reform was still applicable.

  • June 20, 2024

    'AI Washing' Actions Mark New Frontier In Coverage Disputes

    Recent regulatory actions and shareholder suits over alleged misrepresentations of artificial intelligence use, or what is known as AI washing, may be the first wave of a surge of claims that will hit professional and management liability insurance lines.

  • June 20, 2024

    Attys See Huge Financial, Legal Stakes In Hawaii Climate Suit

    A novel Hawaiian case over whether an AIG insurer needs to pay a Sunoco subsidiary’s legal fees to beat claims it contributed to climate change has huge stakes for carriers and policyholders as they increasingly tussle over the cost of Earth-warming emissions.

  • June 20, 2024

    Calif. Justices Give Insureds Certainty On Policy Exhaustion

    The California Supreme Court's clarification that an insured can look to first-layer excess policies as soon as primary coverage for that period is exhausted has favorable implications for policyholders, experts say, yet questions remain as a lower court weighs whether excess insurers must contribute to a primary insurer's coverage.

  • June 20, 2024

    Insurance Litigation Week In Review

    The California Supreme Court opened the door to excess coverage for a policyholder's asbestos injury suits, the Hawaii Supreme Court questioned whether reckless behavior could trigger a Sunoco subsidiary's liability coverage, and the Second Circuit affirmed a Liberty Mutual unit's coverage win in a family shareholder dispute. Here, Law360 takes a look at the past week's top insurance news.

  • June 20, 2024

    Novel Vermont Polluter Law Raises Insurance Liability Issues

    A new Vermont law requiring fossil fuel companies to fund projects ameliorating the negative effects of climate change could raise questions about what constitutes a covered occurrence and how pollution exclusions may apply, while also igniting choice-of-law disputes, experts say.

  • June 20, 2024

    Insurer Hit With Coverage Suit Over Ohio Grocery Shooting

    Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.

  • June 20, 2024

    2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit

    A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.

  • June 20, 2024

    Nationwide Wins Mich. Combined Filing Tax Fight On Appeal

    Nationwide entities can file as a unitary business in Michigan to share tax credits across their group members, the state Court of Appeals ruled Thursday, overturning a state tax tribunal decision that said insurance companies were required to file separate returns.

  • June 18, 2024

    'Reckless' Behavior Centered In Climate Coverage Suit Args

    Attorneys for a Sunoco subsidiary and AIG offered sharply differing views to Hawaii's top court Tuesday in oral arguments over whether reckless behavior would trigger the oil company's liability coverage in a novel suit over coverage for underlying climate change claims.

  • June 18, 2024

    Condo's Historic Location Doesn't Bar Bombing Coverage

    The insurer for a Nashville, Tennessee, condominium owners association cannot use a historic structures exclusion to dodge covering the repair costs associated with damage caused by a bombing on Christmas Day 2020, a federal court ruled Tuesday.

  • June 18, 2024

    AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims

    An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.

  • June 18, 2024

    Life Insurance Fraudster Deserves Tax Penalties, 7th Circ. Told

    The IRS urged the Seventh Circuit to maintain nearly $400,000 in fraud penalties assessed against an Illinois man who pled guilty to falsifying his tax returns as part of a scheme to poison his wife and collect on a $20 million life insurance policy.

Expert Analysis

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • What NJ Insurance Disclosure Law Could Mean For Litigation

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    Thomas Wester and Christian Cavallo at Goldberg Segalla discuss the potential presuit negotiation and litigation implications of a recently enacted New Jersey law requiring automobile insurers to disclose policy limits before the start of a lawsuit, aimed at promoting claim settlement.

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

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    The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • A Road Map To Insurance For PFAS Claims And Suits

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    In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Readying Companies For PFAS Regulation And Liability

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    Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.

  • Contra Proferentem Will Remain Alive And Well In NY

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    Although a recent Law360 guest article argues that a New York state court's decision in Brooklyn Union Gas v. Century Indemnity creates a blanket exception to the principle that contractual ambiguities are construed against the drafter, leading appellate decisions suggest that the exception would only be applied under narrow circumstances, say attorneys at Pillsbury.

  • Pa. Cannabis Banking Law Won't Allay Finance Industry Fears

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    Though a new Pennsylvania law allows financial institutions and insurers to provide services to the state’s legal cannabis industry, it’s unlikely to assuage most financial industry operators’ fears of federal reprisal, and their reluctance to work with cannabis businesses will surely persist, says Michael Sampson at Leech Tishman.

  • NY Insurance Ruling Reveals Limits Of Contra Proferentem

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    A New York state court's decision in Brooklyn Union Gas v. Century Indemnity, finding that there's no need to construe an ambiguous policy against an insurer when the policyholder is a sophisticated company, shows that contesting the application of the contra proferentem rule is gaining more traction in courts, say John Ewell and Joanna Roberto at Gerber Ciano.

  • What Wis. Anti-Assignment Ruling Means For Policyholders

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    A Wisconsin state court's recent decision in Pepsi-Cola v. Employers Insurance Co. of Wausau makes pivotal the question of when a loss occurs, meaning that policyholders subject to anti-assignment clauses cannot simply rely on plain contractual language, say Brian Scarbrough and Daniel Ergas at Jenner & Block.