General Liability

  • June 07, 2024

    Calif. Developer Seeks $5M Excess Coverage For Defect Suits

    A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.

  • June 06, 2024

    Texas AG Takes Aim At Carmakers Selling Drivers' Data

    Texas' attorney general has become the latest to turn up the data-privacy heat on connected car manufacturers, revealing Thursday that his office has begun an investigation into how these companies amass and sell drivers' data to third parties, including insurance providers.

  • June 06, 2024

    11th Circ. Won't Revive State Farm Auto Policy Coverage Fight

    The Eleventh Circuit affirmed Thursday the dismissal of a State Farm auto policyholder's proposed class action alleging the insurer breaches its own policies by routinely denying medical expense coverage based on an ambiguous "reasonableness" standard, finding that the policyholder's interpretation of the policy would render parts of it "meaningless."

  • June 06, 2024

    Justices' Standing Ruling May Embolden Carriers In Ch. 11

    The U.S. Supreme Court said Thursday that an insurer with a responsibility for its policyholder's Chapter 11 bankruptcy claims can intervene in those bankruptcy proceedings, potentially giving insurers greater leverage in reorganization negotiations and likely causing an influx of insurer objections in bankruptcy court, experts tell Law360.

  • June 06, 2024

    Insurers' Climate Exposure Poses Risk To US Housing Market

    Climate risks to already strained insurance markets could significantly disrupt the U.S. housing market and the broader financial system, according to insurance, banking and housing experts, as well as a growing body of academic research leveraging new risk data.

  • June 06, 2024

    State Farm Escapes Policyholder's Life Insurance GIPA Suit

    An Illinois state court has permanently tossed a State Farm policyholder's privacy claims targeting family medical history questions the insurer asked as part of its life insurance underwriting process, agreeing with its argument that the state's Genetic Information Privacy Act doesn't apply to life insurance.

  • June 06, 2024

    8th Circ. To Mull If Geico Auto Policy Covers HPV Claim

    The Eighth Circuit will hear oral arguments Wednesday over whether Geico should cover $5.2 million awarded to a woman claiming she contracted HPV during sexual encounters in a policyholder's car, with the case turning on whether her bodily injury claim must arise from the normal use of an automobile.

  • June 06, 2024

    Liquor Liability Costs Shake And Stir SC's Hospitality Industry

    As the South Carolina General Assembly returned to session Wednesday, grassroots organizations advocating for small businesses gathered at the State House for a press conference urging elected officials to reform legislation burdening restaurants, bars and music venues with increasingly high costs of liability insurance.

  • June 06, 2024

    Dollar Tree Mint's Injury To Toddler Not Covered, Insurer Says

    The insurer of a breath mint manufacturer told a Missouri federal court that due to a pollution exclusion in its policy, it shouldn't have to defend against a suit alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree.

  • June 06, 2024

    Insurance Broker Expert Says AI 'Top Risk' For Policyholders

    Companies are increasingly integrating artificial intelligence technologies into their work, raising concerns in the insurance sector about the potential for growing risks and what coverage options are available for that exposure.

  • June 06, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court allowed an insurer to intervene in policyholder bankruptcy proceedings, Liberty Mutual requested that a policyholder-judge be removed from a construction accident coverage dispute, and a Markel unit is attempting to skirt a $77.7 million auto accident judgment. Here, Law360 takes a look at the past week's top insurance news.

  • June 06, 2024

    In Reversal, Justices Say Insurer Has Standing In Ch. 11 Case

    Truck Insurance Exchange can intervene in Chapter 11 bankruptcy proceedings of two manufacturing companies facing numerous asbestos injury claims, the U.S. Supreme Court ruled unanimously Thursday in a reversal of the Fourth Circuit, finding Truck qualifies as a "party in interest" under the Bankruptcy Code.

  • June 06, 2024

    Justices Affirm Taxing Of Estate On Insurance Payout

    The U.S. Supreme Court affirmed on Thursday a decision denying a tax refund to the estate of an owner of a building materials company that used a payout from his $3.5 million life insurance policy to purchase his shares in the business.

  • June 05, 2024

    Chubb Needn't Cover $14.5M Mold Deal, 11th Circ. Says

    A $14.5 million consent judgment that a Florida woman secured against her condominium's property manager over what she alleged was mold exposure cannot be enforced against a pair of Chubb insurers, the Eleventh Circuit affirmed, saying the manager's carriers did not breach their duty to defend.

  • June 05, 2024

    Fire Co. Shuts Down Insurer's $3.7M Subrogation Bid

    A hotel's insurer cannot seek reimbursement from a fire protection company for its roughly $3.7 million coverage payment following a pipe rupture in the hotel's fire sprinkler system, an Ohio federal court ruled, finding the hotel and fire protection company waived their respective insurers' subrogation rights. 

  • June 04, 2024

    Wildfire Attys Descend On Colo. As Xcel Litigation Ramps Up

    Hundreds of lawsuits seeking to hold Xcel Energy responsible for a devastating 2021 Colorado wildfire are just the latest battleground for a relatively small community of lawyers who have been involved in some of the biggest catastrophic fire suits in the western U.S. 

  • June 04, 2024

    Liberty Mutual Wants NJ Judge Removed From Accident Case

    Liberty Mutual urged a New Jersey federal judge to recuse himself from a construction accident coverage case Monday arguing that he failed to disclose at the beginning of litigation that he holds multiple policies with the insurer dating back to 1980 and was previously investigated over a missing jewelry claim.

  • June 04, 2024

    No Coverage For $77.7M Auto Crash Judgment, Insurer Says

    A company facing a nearly $77.7 million judgment over a car accident involving one of its employees shouldn't get coverage under its commercial general liability policy, the company's insurer told a California federal court, pointing to an auto exclusion.

  • June 03, 2024

    PacifiCorp To Pay $178M To 400 Oregonians Over Fires

    PacifiCorp has agreed to pay $178 million to more than 400 Oregon residents affected by a cluster of wildfires that burned more than a million acres of land on Labor Day 2020 amid dangerously dry and windy weather conditions, the utility announced Monday.

  • June 03, 2024

    Surgeons Denied Early Exit From GEICO's Bogus Injury Suit

    A pair of orthopedic surgeons can't escape GEICO's lawsuit claiming they conspired with a personal injury attorney to file inflated insurance claims for car accident victims based on bogus medical documents, a North Carolina federal judge ruled Monday.

  • June 03, 2024

    Real Estate Co., Nationwide Settle CFO Theft Dispute

    A New York federal judge agreed to dismiss a coverage dispute between a property management company and Nationwide Mutual Insurance Co. over nearly $1 million that the company's former chief financial officer was accused of stealing, following the parties' notice that they reached an agreement.

  • May 31, 2024

    Contractor, Insurers Settle NYC Four Seasons Coverage Row

    A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.

  • May 31, 2024

    GRSM50 Brings On Clausen Miller Insurance Pro In SF

    Gordon Rees Scully Mansukhani LLP, which now goes by the name GRSM50, is expanding its team, announcing Thursday it is bringing on a Clausen Miller PC insurance specialist as a partner in its San Francisco office.

  • May 30, 2024

    NRA Wins Free Speech High Court Battle But May Lose Its War

    The U.S. Supreme Court allowed the National Rifle Association to proceed with its lawsuit alleging a former New York state official unlawfully pressured financial institutions to cut ties, but the group may now face greater hurdles to final victory.

  • May 30, 2024

    Travelers Loses Dismissal Bid In BIPA Coverage Dispute

    A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.

Expert Analysis

  • 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.

  • SEC, NY Cybersecurity Rules Create Complexity For Insurers

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    Two separate cybersecurity rules recently adopted by the New York Department of Financial Services and the U.S. Securities and Exchange Commission pose distinct challenges for insurance industry participants, with important interactions, and potential tensions, for those required to comply with both frameworks, say attorneys at Debevoise.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • 3 AI Regulation Developments Insurers Must Follow

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    Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.