General Liability

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says

    Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.

  • February 08, 2024

    Landscaper, Insurer Agree To Kill Herbicide Coverage Claims

    A lawn care company and its insurer agreed to drop the remaining claims in the company's bid to secure $5 million in coverage after accidentally damaging its customers' lawns with an herbicide, according to a notice filed in a South Dakota federal court.

  • February 07, 2024

    Insurer Ducks Some Coverage Of Dredge Tank Defect Suit

    A Wisconsin federal judge Wednesday ruled partially in favor of an insurer seeking a declaration that it needn't cover a metal fabricator's defense in an underlying arbitration over allegedly defective dredge tanks.

  • February 07, 2024

    'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says

    An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.

  • February 07, 2024

    Wyndham Gets Joint Employer Claim Cut From Trafficking Suit

    An Ohio federal judge has partly granted Wyndham's motion to dismiss an anonymous accuser's claims that the hotel giant's inaction facilitated sex trafficking, reasoning the hotel company didn't exercise enough control over a franchise location's employees to be held liable as a joint employer.

  • February 07, 2024

    Repair-Shop Slip Triggers Auto Coverage, Mich. Justices Say

    A woman who fell into a service pit during an oil change is entitled to personal injury protection benefits under Michigan's auto insurance law, the state's Supreme Court ruled Wednesday, finding the accident was sufficiently related to car maintenance.

  • February 07, 2024

    No Coverage For Apt. Complex In Negligence Row, Court Told

    The owner and managers of a Kansas City, Missouri-area apartment complex can't get coverage for a proposed class action brought by its tenants over claims of putrid living conditions, an insurer told a federal court, claiming several exclusions in its policies bar any recovery.

  • February 07, 2024

    Insurers Reach Agreement In School Construction Injury Suit

    Travelers has ended its dispute over whether another insurer must defend a general contractor, school district and construction manager in a worker's personal injury lawsuit as additional insureds, after a New York federal judge on Wednesday approved the parties' mutual request to drop the action.

  • February 07, 2024

    NC Panel Reverses Doctor's Malpractice Coverage Win

    The North Carolina Court of Appeals reversed a trial court’s decision that found a doctor was entitled to defense coverage under his medical malpractice policy for a state medical board investigation, ruling that the doctor failed to timely notify the insurer of the investigation and therefore did not deserve coverage.

  • 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.

Expert Analysis

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • How Ill. Supreme Court Could Shape Statutory Violation Cases

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    In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.

  • 3 Quirks Of New Jersey Insurance Coverage Law

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    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • Conn. Insurers Should Note Stricter Market Exit Oversight

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    The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.

  • Extreme Weather And Renewable Project Insurance Coverage

    Excerpt from Practical Guidance
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    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • Potential Relief For Nevada Insureds Is On The Horizon

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    A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.

  • Suits Likely Over Nevada Law Limiting Claimant Injury Exams

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    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Mass. Ruling Shows Value Of Additional Insured Specifics

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    A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

  • Insurance Cos. Are Stretching Construction Standard Limits

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    In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.

  • 7 Ways Telco Operators Can Approach Lead Cable Claims

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    A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.

  • What Wis. High Court Ruling Means For Coverage Analysis

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    Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.