General Liability

  • February 07, 2024

    Travelers Must Cover $2M Tainted Benzene Load, Co. Says

    A multinational chemical company accused Travelers in New York federal court of unreasonably denying coverage for over $2.1 million it lost from a contaminated benzene shipment, saying the insurer must also cover costs incurred from suing at-fault parties since it further evaded its subrogation obligations.

  • February 07, 2024

    Insurer Asks 9th Circ. To Rehear Wildfire Pollution Ruling

    An insurer urged the Ninth Circuit to rehear a dispute over its obligation to defend a contractor against a truck driver's lung injury suit, arguing that the majority wrongfully relied on a 2003 California Supreme Court ruling to find a pollution exclusion didn't apply.

  • February 06, 2024

    AIG Owes Coverage In $5.4M Contamination Suit, Co. Says

    A Houston-based plastics manufacturer told a Texas federal court that an AIG unit must defend and indemnify it in a $5.4 million lawsuit over contaminated plastic containers, saying the insurer has failed to tender defense costs despite agreeing to defend the company almost a year ago.

  • February 06, 2024

    Delta Insurer Seeks Cleaner Repayment For Slip-And-Fall Row

    A janitorial services company must reimburse an insurer for expenses incurred defending Delta Air Lines in an underlying slip-and-fall personal injury suit, the insurer told a Georgia federal court, maintaining that the company agreed to defend or indemnify Delta for any claims arising out of its actions.

  • February 06, 2024

    Insurer Says Claims NJ Diocese Knew Of Abuse Bar Coverage

    An insurer doesn't have to indemnify the Diocese of Trenton in over 200 lawsuits alleging sexual molestation by diocese clergy, it told a New Jersey federal court, maintaining that the underlying suits asserted that the diocese had knowledge of the incidents.

  • February 06, 2024

    4th Circ. Cites W.Va. Justices As It Affirms Coverage Win

    The Fourth Circuit on Tuesday upheld a chemical storage company's win for coverage of three former workers who said their cancer was caused by exposure to toxic fumes after the West Virginia Supreme Court recently found the state would apply the continuous trigger theory to long-tail injury claims.

  • February 06, 2024

    2nd Circ. Mulls Revival Of Insurer's $2.5M Software Co. Fight

    The Second Circuit seemed poised Tuesday to reverse a software company's win in an insurer's suit seeking indemnification for $2.5 million in costs associated with an underlying class action claiming the insurer's use of the company's vehicle valuation software resulted in underpayment for totaled vehicles.

  • February 06, 2024

    Complex Not Covered For $4M Shooting Claim, Insurer Says

    A Nationwide unit told a Georgia federal court it doesn't owe coverage to an Atlanta apartment complex for a tenant's bid to hold it liable for injuries she suffered during a shooting, claiming the complex waited nearly a year to notify the insurer.

  • February 05, 2024

    Fla. Legislative Session: Property Insurance Bills Roundup

    Florida lawmakers have put forward dozens of proposals to address insurance challenges in the state, from a bill that would expand coverage from the state's last resort insurer to another that contemplates mangroves as bulwarks against flooding.

  • February 05, 2024

    Wendy's Not Covered In Freezer Injury Suit, Insurer Says

    The insurer for an HVAC company told an Illinois federal court that it has no duty to defend or indemnify the operators of a Chicago-area Wendy's restaurant in an underlying lawsuit brought by a man who was injured while performing maintenance on a walk-in freezer.

  • February 05, 2024

    Insurer Owes $1.3M In Defects Row Defense Costs, Co. Says

    A Hartford unit owes a Chicago-area homebuilder more than $1.3 million in unpaid defense costs related to an underlying construction defect suit, the company told an Illinois federal court, claiming the insurer has refused to explain its coverage decisions.

  • February 05, 2024

    No CGL Coverage For Home Depot Data Breach, 6th Circ. Told

    Two insurers have told the Sixth Circuit they owe no commercial general liability coverage to Home Depot for its $172 million settlement with financial institutions over a 2014 breach of customer payment information, arguing an electronic data exclusion wholly barred coverage for the institutions' claimed losses.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

  • February 05, 2024

    Berkley Wants Out Of Defending Atty In $750K Trust Dispute

    An insurer told an Illinois federal court it doesn't owe defense or indemnification to an insured attorney in an underlying action from a trust alleging it's owed more than $750,000 in overdue payments, arguing there is no coverage for the trust's suit in the attorney's firm's policy.

  • February 05, 2024

    Insurer Owes $2.5M For Lost Income, Shop Owner Says

    A Hartford unit refused to pay out $2.5 million in business interruption coverage for a New York City doughnut shop's income that was lost while the city shut the store down during repairs, the shop told a New York federal court.

  • February 02, 2024

    Calif. Rate Approvals Centered In Coverage Crisis Debate

    A California law permitting public challenges to proposed premium increases is saving policyholders billions of dollars, a consumer advocacy group recently reported, a claim that has drawn scorn from industry professionals amid efforts to change the law to better favor carriers. 

  • February 02, 2024

    Claims Against BNSF Cut From $1.3M Derailment Dispute

    A Washington federal judge trimmed several claims against BNSF Railway Co. and a transportation contractor from Starr Indemnity & Liability Co.'s $1.3 million suit over a shipment of clothing destroyed in a train derailment, finding they were preempted by federal law.

  • February 02, 2024

    Owner Says Insurer Can't Dodge Tenn. Hooters Bombing Row

    The insurer of a Hooters restaurant that was decimated in a 2020 Christmas Day bombing appointed a crooked appraiser who tainted a damage award, the historic property's owner told a Tennessee Federal Court, adding that the biased determination was invalid under state law.

  • February 02, 2024

    Insurer Needn't Cover Contractor In Construction Injury Suit

    Evanston Insurance Co. has no duty to defend or indemnify a contractor in an underlying suit filed by a worker who was injured when he fell off a ladder at a construction site, a Washington federal court ruled Friday, saying the policy's residential construction exclusion applies.

  • February 02, 2024

    9th Circ.'s Opioid Ruling Packs Limited Punch

    The Ninth Circuit's finding that McKesson's insurers need not defend the pharmaceutical company against suits from municipalities claiming its deliberate conduct increased their opioid epidemic response costs is a sting to policyholders — but a slight one, experts say, because the panel relied on a California state appeals court decision in the unpublished ruling.

  • February 02, 2024

    6th Circ. Revives Bank's $32M Ponzi Settlement Coverage Suit

    A bank can seek coverage for a $32 million settlement it paid to resolve a bankruptcy suit alleging it allowed a Ponzi scheme to continue so it could recover loans to the company running the scheme, the Sixth Circuit ruled, reversing a win for a pair of AIG insurers.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    Imerys, Cyprus Mines Propose Ch. 11 Plans With $862M Trust

    Bankrupt talc supplier Imerys Talc America, Inc. and its former owner Cyprus Mines Corp. asked a Delaware bankruptcy court to sign off on disclosure statements for their separate Chapter 11 plans that would create an $862.5 million joint trust to settle claims that their talc caused cancer.

  • February 01, 2024

    Experts Urge Justices To Bar Insurer's Ch. 11 Challenge

    Truck Insurance Exchange's contention that it is a "party in interest" with standing to challenge its insureds' Chapter 11 reorganization plan, which established a trust for asbestos injury claims, would upend the bankruptcy system if accepted, experts and policyholder representatives told the U.S. Supreme Court on Thursday.

Expert Analysis

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • Policyholder Lessons From 1st Circ. Duty To Defend Ruling

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    In Lionbridge Technologies v. Valley Forge Insurance, the First Circuit recently held that the obligation to defend an insured is not limited to the specific causes of action expressly stated in a complaint, providing policyholders with persuasive arguments in support of the duty to defend, say Catherine Doyle and Caroline Meneau at Jenner & Block.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Cultivating Good Relationships With Insurance Regulators

    Excerpt from Practical Guidance
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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Yahoo TCPA Coverage Case Protects 'Sophisticated Insureds'

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    The California Supreme Court's recent decision in Yahoo v. National Union, finding coverage for Telephone Consumer Protection Act claims despite Yahoo's status as a so-called sophisticated insured, highlights why policyholder-friendly rules of construction are not just logical, but necessary, say David Kroeger and Steven Tinetti at Jenner & Block.

  • NY Panel's COVID Nursing Home Case Order Spurs Questions

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    The New York Litigation Coordinating Panel's recent final order to coordinate the resolution of COVID-19 nursing home cases leaves critical parameters for the cases coming under the order undefined, such as time frame and injury, say Christopher Potenza and Elizabeth Adymy at Hurwitz Fine.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Coverage Ruling Confirms Policy Ambiguities Favor Insureds

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    A recent Georgia federal court decision, Penn-America Insurance v. VE Shadowood, finding for the insured on a policy containing conflicting endorsements, underscores that coverage cannot be defeated by contradictory terms when policies include coverage extensions, say Shaun Crosner and Tae Andrews at Pasich.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.