General Liability

  • February 15, 2024

    Insurer Says Repair Co. Owes $650K For Ferry Engine Failure

    A vessel repair company must pay over $657,000 for costs stemming from the failure of a ferry engine during routine maintenance, the insurer for a Boston ferry operator told a Massachusetts federal court Thursday, saying the company's negligence caused the mishap.

  • February 14, 2024

    9th Circ. Skeptical Of Basis For LA's Pollution Coverage Args

    The Ninth Circuit appeared reluctant Wednesday to revive the City of Los Angeles' bid for environmental contamination coverage from a defunct boat repair company's insurers, probing the city's counsel on whether his arguments for coverage were at odds with the underlying factual record.

  • February 14, 2024

    University Not Covered In Baseball Injury Row, Insurer Says

    An insurer told an Illinois federal court Wednesday that Northwestern University is not owed coverage for an underlying lawsuit brought by a man injured during a baseball tournament held at the university, maintaining that Northwestern is not an additional insured under the policy issued to the tournament's operator.

  • February 14, 2024

    Progressive Unit Seeks Win Against Uber, Widower Of Driver

    A Progressive unit asked a North Carolina federal court Wednesday to grant it a win in its attempt to get out of providing coverage for an UberEats driver who was killed in a car crash, asserting that its policy for Uber doesn't cover injuries caused by uninsured or underinsured motorists.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 14, 2024

    Hospitality Cos. Seek To Sink Trafficking Survivor's Suit

    Choice Hotels International Inc., Wyndham Hotels & Resorts Inc. and other hotel companies are urging an Ohio federal judge to end a suit from a sex trafficking survivor alleging they allowed crimes against her to continue, with Choice Hotels eyeing dismissal and the other defendants seeking early wins.

  • February 14, 2024

    $600K In Dairy Queen Fire Damages Not Covered, Court Told

    A Dairy Queen franchisee is attempting to overstep boundaries by asking for more coverage than the policy provides, its insurer told a Texas federal court, saying the restaurant's claim stems from the business's personal property damage from a fire at a leased location.

  • February 14, 2024

    Homebuilder, Insurer Settle Coverage Suit Over Fatal Fire

    A builder accused of causing the deaths of two people by failing to install working smoke detectors in a home it constructed has settled its dispute with an insurer over $1 million in coverage for underlying litigation related to the deaths in California federal court.

  • February 13, 2024

    Insurer Can't Toss Claims As Sanctions In Hotel Fire Suit

    A Colorado federal judge has rejected an insurer's request to toss a construction contractor's counterclaims as sanctions for discovery failures in a dispute over a $3 million hotel fire, with the judge finding no problems with a magistrate judge's decision to instead award attorney fees and costs.

  • February 13, 2024

    Kidde-Fenwal Row Not For Bankruptcy Court, Insurers Say

    A group of insurers have asked that a Delaware federal court, rather than a bankruptcy court, handle their dispute with Kidde-Fenwal Inc. over whether they owe a defense in thousands of suits the fire-suppression company is facing over so-called forever chemicals.

  • February 13, 2024

    $3.3M Loss Of Stolen Nokia Phones Not Covered, Insurer Says

    An insurer told a Florida federal court Tuesday it doesn't owe coverage to a trucking company for an underlying lawsuit seeking over $3.3 million for a shipment of Nokia cellphones stolen during transport, arguing that the phones weren't in the company's custody at the time of the loss.

  • February 13, 2024

    Insurer Must Face Bad Faith Claim In Premium Refund Suit

    A Liberty Mutual unit can't escape a proposed class action's remaining claim that the insurer acted in bad faith by failing to adequately adjust auto insurance premiums collected during the COVID-19 pandemic, a California federal court ruled.

  • February 13, 2024

    Dallas Venue Not Covered For Shooting Death, Insurer Says

    The property owner of a Dallas event space is not owed defense or indemnity for an underlying wrongful death lawsuit, an insurer told a Texas federal court, arguing that negligent inaction by the property owner triggers two exclusions barring coverage.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

  • February 12, 2024

    Trailer Owner Covered Under Driver's Policy, 9th Circ. Affirms

    A Berkshire Hathaway unit must cover a trucking company that was sued over a fatal car accident involving one of its trailers, the Ninth Circuit found Monday, affirming a California federal court's finding and saying the company qualifies as an insured under the policy without exception.

  • February 12, 2024

    Ex-McCarter & English Client Can Pursue $20M Loan Claims

    A Connecticut state court judge has denied a bid by McCarter & English LLP and a former partner for an early win in an insurance company's multimillion-dollar malpractice suit, ruling that the continuing representation doctrine allowed the plaintiff to toll the statute of limitations and continue to press its case.

  • February 12, 2024

    NM Dry Cleaner Says Policy Covers Chemical Cleanup Costs

    The property owner of a New Mexico dry cleaner told a federal court Monday that State Farm has refused to defend it against an investigation and demand for remediation from the state's environmental protection agency after the discovery of chlorinated solvent contamination in its property's soil.

  • February 12, 2024

    Three-State Test Critical To Evaluating Carrier Climate Risk

    An analysis finding that insurers' investment portfolios are at risk of losing billions of dollars under delayed climate-transition plans is an important step to fully understanding how well carriers' business activities are aligned with climate goals, experts say.

  • February 12, 2024

    Tree Removal Mixup Merits Coverage, Homebuilder Tells Court

    A homebuilder's insurer must defend it in litigation over the accidental removal of 66 trees in an adjacent lot, the homebuilder told a Texas federal court, arguing the tree removal was accidental and thus an occurrence under its commercial general liability policy.

  • February 12, 2024

    Travelers Says No Coverage For $1.8M Pollution Cleanup

    A Travelers unit said it has no duty to reimburse an oil and gas company over $1.8 million for costs it incurred cleaning up 1,600 barrels of spilled brine water, telling a Pennsylvania federal court the company failed to meet its policies' reporting requirements.

  • February 09, 2024

    No Coverage In Home Remodel Row, Insurer Says

    State National Insurance Co. should have no duty to defend or indemnify a general contractor accused of submitting fraudulent invoices for a home remodel, the insurer told a California federal court, arguing that two faulty work exclusions are applicable.

  • February 09, 2024

    Fruit Of The Loom Entity Seeks Pay For Sports Complex Work

    Fruit of the Loom subsidiary Russell Brands LLC said it's owed $256,000 for its work on the construction of an Ohio sports complex, telling an Ohio federal court that the builder, property owner and surety have failed to tender payment nearly a year after the work was completed.

  • February 09, 2024

    Insurer, Day Care Battle Coverage For $21.6M Death Judgment

    A day care's insurer told a Florida federal court it owes no coverage for a $21.6 million judgment over an infant's death because the day care's premium-financing company canceled the policy "several weeks" before, while the day care argued that the financing company lacked the power to do so.

  • February 09, 2024

    New York Teacher Pays $75K For Mock Slave Auction Harm

    A northern New York teacher will pay $75,000 for holding a mock slave auction of Black students in her classroom, settling a federal suit over a lesson a 10-year-old student's mother said emotionally damaged her son.

  • February 09, 2024

    Widow Can Sue Trucking Co.'s Agent Over Policy, Panel Says

    The widow of a man who died in a trucking accident may proceed with her suit accusing the company's insurance agent of negligently procuring an excess policy, a Michigan state appeals court held, finding that an assignment of rights to the widow did not release the company from liability.

Expert Analysis

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • Policyholder Wins Push Boundaries Of Insurer Duty To Defend

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    A recent string of federal and state appellate court decisions, expanding insurers' broad duty of defense to cover inferences, implications and reasonable interpretations raised by the underlying suit, should encourage policyholders seeking coverage, says Tae Andrews at Miller Friel.

  • Examining Event Cancellation Coverage As COVID Lingers

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    Recent pandemic-related postponements from the NBA, NFL and Grammys, coupled with COVID-19 being excluded from new event cancellation policies, highlight the need for event organizers to explore cancellation risks and how specialty coverage can serve as a tool for mitigation, say Jorge Aviles and Andrea DeField at Hunton.

  • Using Insurance Coverage To Fund Early Settlement

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    A recent settlement between health care company Vision Path and the Federal Trade Commission shows that settling early is a prudent consideration to avoid defense costs and preserve the bulk of the insurer budget for a settlement or judgment, say Jason Callen and Beau Creson at K&L Gates.

  • Fla.'s New Appeal Rule Will Cause More Harm Than It Cures

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    Florida's new procedural rule, permitting interlocutory appeals of orders that allow complaint amendment to add punitive damages, champions an unnecessary and often overly broad solution at the expense of the timely administration of justice, say Hugh Lumpkin and Wesley Butensky at Reed Smith.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • What Pa. Procedure Rule Change Means For 'Snap Removals'

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    In light of Pennsylvania's recent civil procedure rule amendment significantly decreasing defendants' time to remove cases from state to federal court, Shari Milewski and Donald Kinsley at Maron Marvel offer some practical tips for maintaining snap removal as a viable defense tool.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.