General Liability

  • April 05, 2024

    Insurer, Construction Co. Agree To End $10M Ceiling Fall Suit

    Grange Insurance Co. and a Georgia construction company it sued to avoid paying a $10 million judgment in an underlying injury case over a worker's fall through a ceiling came together with that late worker's wife and agreed to dismiss their indemnity dispute following a settlement.

  • April 04, 2024

    Homeowner Asks 9th Circ. To Rethink Fire Coverage Ruling

    A woman who was prevented from coverage of a 2021 house fire by the Ninth Circuit asked the court to rehear her case, arguing among other things that she did not lie to her insurer about renting her home, because she didn't fill out the insurance application.

  • April 04, 2024

    Trump Fraud Appeal Spotlights Underwriting Irregularities

    Donald Trump's ongoing challenge to a $465 million civil fraud judgment for a decadelong valuation fraud conspiracy raises questions about insurance procedures, how underwriters price risk and who is harmed by the alleged fraud perpetrated by the former president and his associates.

  • April 04, 2024

    Del. Justices Eye Atty Conduct In Medicaid Fraud Verdict

    The Delaware Supreme Court handed insurers a victory when it agreed to review a ruling setting aside a favorable verdict for the carriers in a coverage dispute over an ex-Xerox unit's $236 million Medicaid fraud-related settlement, but carrier counsel's conduct may present challenges moving forward, according to a civil procedure expert.

  • April 04, 2024

    Insurance Litigation Week In Review

    The Ninth Circuit heard a coverage dispute over an unsuccessful shipwreck salvaging expedition, Delaware's justices agreed to consider whether an ex-Xerox unit tried to defraud insurers into covering a $236 million settlement, and the owner of Washington, D.C., professional sports teams ended its bid for COVID-19 coverage.

  • April 04, 2024

    A College Professor's Approach To Insurance

    A strong education is crucial to address the role insurance plays on both the personal and professional level — something University of Georgia professor Rob Hoyt demonstrates in his classroom. Here, Law360 speaks to Hoyt about how research, teaching and service guide his work.

  • April 04, 2024

    NY AG Wants Trump Insurer To Guarantee $175M Bond

    New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.

  • April 04, 2024

    Last-Resort Insurers Grapple With Increasing Exposure

    Insurance pools meant to serve as backstops for consumers shut out of traditional markets are grappling with increased exposure to natural disasters, according to experts and market data, a trend that observers say is concerning as climate change intensifies storms.

  • April 04, 2024

    BMW Dealer, Claims Manager End $4M Injury Settlement Fight

    A South Carolina BMW dealership and its insurers have agreed to end their suit against a claims manager over a $4 million personal injury settlement, with the claims manager also dropping allegations against the dealership's automotive group, according to a notice filed in North Carolina federal court.

  • April 04, 2024

    Surfside, Fla., Condo Collapse Victims To Get Additional $4.8M

    A Florida judge signed off Thursday on an additional $4.8 million distribution to the victims of the deadly collapse of the Champlain Towers South condominium after the receiver overseeing the defunct condominium association told the court the association had fewer financial obligations and tax liabilities than expected. 

  • April 03, 2024

    Mayo Clinic Stuck Workers With Hefty Medical Bills, Suit Says

    A medical claims administrator steered Mayo Clinic health plan participants toward out-of-network healthcare providers and then forced them to foot the bulk of the bill, a proposed class action filed in Minnesota federal court said.

  • April 03, 2024

    Auto Insurer Seeks Payback After $2M Car Crash Settlement

    A business insurer of a man who crashed a rental car into a motorcyclist while working in Los Angeles should pay something in connection with a $2 million settlement with the injured biker, an auto insurer told a California federal court, seeking to recoup its expenses.

  • April 02, 2024

    Chubb Asks Panel To Revive Archdiocese Abuse Coverage Suit

    Counsel for Chubb urged a New York state appeals court at a hearing Tuesday to undo a trial court decision finding it owed insurance coverage to the Archdiocese of New York for myriad childhood sexual abuse claims against the church.

  • April 02, 2024

    Consultant, Insurer's Pesticide Coverage Row Headed To Trial

    A dispute over coverage must continue following a $1.8 million judgment against a pesticide consulting company blamed for negligent pest control of a wheat crop, an Arizona federal judge ruled, denying an insurer's quest for an early win.

  • April 01, 2024

    7th Circ. Affirms $672K Payout In Illinois Delivery Driver Crash

    A Seventh Circuit panel on Monday affirmed an Illinois federal court's decision awarding a delivery driver $672,000 from an insurer following his 2017 work-related crash with an underinsured motorist.

  • April 01, 2024

    AIG Unit Can't Toss Conn. Utility's $3M Defense Cost Bid

    An AIG unit can't escape the Connecticut Municipal Electric Energy Cooperative's third-party suit seeking to recoup $3 million in legal expenses, a Connecticut federal court ruled, saying the cooperative has standing to pursue coverage on behalf of its former CEO who was convicted of stealing public funds.

  • April 01, 2024

    Insurer Can't Avoid Indemnity Payments Over Grocery Fire

    West Bend Mutual cannot avoid making extra indemnity payments to a Detroit grocery store over a fire or collect its insured's unpaid premium from another insurer, a Michigan federal court ruled after previously compelling both insurers to provide coverage because their policies were active when the fire occurred.

  • April 01, 2024

    Insurer Defends Gas Station Cleanup Exclusion To 11th Circ.

    An insurer has asked the Eleventh Circuit to reject a Florida gas station owner's bid to make it pay for contamination caused by a leaking underground fuel tank, telling the appeals court the station's policy doesn't cover an incident discovered well before the policy went into effect.

  • March 29, 2024

    Liberty Units Lose $13.3M Motel Murder Coverage Bid

    CNA and Chubb units have no duty to reimburse two Liberty Mutual units for a $13.3 million judgment stemming from a motel murder, an Ohio federal court ruled, saying no bad faith claim was asserted against the Liberty Mutual units triggering their errors and omissions policies.

  • March 29, 2024

    2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit

    An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.

  • March 29, 2024

    Baltimore Diocese Sues Insurers For Abuse Claims Coverage

    The Roman Catholic Diocese of Baltimore, its parishes and schools have filed an adversary action in Maryland bankruptcy court against its insurance carriers, alleging they failed to live up to their contractual obligation to defend against and pay for sexual abuse claims.

  • March 28, 2024

    Baltimore Bridge Collision Raises Massive Insurance Fallout

    A container ship collision that destroyed Baltimore's landmark Francis Scott Key Bridge caused a level of death, injury, destruction and economic harm that will likely cost the insurance sector billions of dollars and leave many without closure or compensation for years.

  • March 28, 2024

    Insurer Won't Pay Half Snow Remover's Fraud Coverage Suit

    An insurer avoided paying for half of a nearly $360,000 wire fraud scheme targeting a snow removal company Thursday, after a Minnesota federal judge found its policy precluded coverage for a variety of reasons.

  • March 28, 2024

    Q&A: Former Calif. Insurance Chief On Climate & Rate Setting

    From intense wildfires to devastating floods, the effects of climate change on California's insurance market cannot be understated, a fact that experts point to often as regulators weigh how to bring insurers back to business in the Golden State.

  • March 28, 2024

    Insurance Litigation Week In Review

    A marine insurer confirmed it's cooperating with Baltimore authorities after an insured cargo ship collided with the Francis Scott Key Bridge, music festival South by Southwest's class action coverage efforts were renewed, and North Carolina justices dismantled 30 years of intermediate appellate court adherence to "stacking" underinsured motorist policies.

Expert Analysis

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • Protections May Exist For Cos. Affected By Red Sea Attacks

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    Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • 3 Significant Ohio Insurance Updates From 2023

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    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • Policyholders Must Object To Insurer Reorganizations

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    When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.

  • Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

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    An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.

  • 3 Pointers From Tilton Case To Help Win Advancement Suits

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    The Delaware Superior Court’s refusal to let Lynn Tilton sue her advancers for legal fees, ruling she had not yet attempted to negotiate in good faith, suggests that policyholders may fare better if they attempt proactive strategies to narrow disputes over advancement agreements before taking their insurers to court, says Evan Bolla at Harris St. Laurent.

  • What Insurers Gain When Litigating Coverage Denials

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    Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.