General Liability

  • 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— but a slight one, experts say, because the panel relied on a California state appeals court decision in the unpublished ruling.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.

  • February 01, 2024

    Insurers Blast Syracuse Diocese Ch. 11 Plan

    Interstate Fire & Casualty Co., joined by a number of other insurance carriers, has objected to the Chapter 11 plan disclosure statement of the Roman Catholic Diocese of Syracuse, New York, saying that the plan's treatment of insurance policies abrogated the insurers' rights and that the disclosure contained inadequate information.

  • February 01, 2024

    Tenn. Resident Says State Farm Marketing Calls Violated TCPA

    State Farm used a third-party company to make automated telemarketing calls without prior consent, violating the Telephone Consumer Protection Act, according to a proposed class action filed in Illinois federal court.

  • February 01, 2024

    Insurer Wants Out Of $1M Construction Defect Coverage Suit

    An insurer told a Florida federal court that it shouldn't have to cover builders in underlying litigation accusing them of causing more than $1 million in damage via defective construction on a beachfront vacation home.

  • February 01, 2024

    Insurer Needn't Cover Gym In Brain Injury Suit, Court Says

    An insurer has no duty to defend or indemnify a gymnastics facility and an employee against a suit over a student-athlete's traumatic brain injury, an Illinois federal court ruled, finding that exclusions for gymnast injuries and injuries arising from use of certain gymnastics equipment preclude coverage.

  • January 31, 2024

    Insurance Execs Stole Co. Assets For New Biz, Suit Says

    An insurance company alleged in a federal complaint Tuesday that three former executives lined their own pockets by breaking laws and stealing assets in a plot to found their own competing business as part of a vindictive campaign fraught with subterfuge on North Carolina regulators to further imperil their former employer.

  • January 31, 2024

    Electric Co. Says Insurer Refuses To Defend BIPA Suit

    An electric company told an Illinois federal court that its insurers wrongfully refused to defend or indemnify it against an underlying proposed class action in state court by an employee who alleged the company violated the state's Biometric Information Privacy Act.

  • January 31, 2024

    $17.5M Hail Claim Mostly Not Covered, Insurer Says

    A storage company's insurer told a Texas federal court that much of the nearly $17.5 million in hail damage the company said it suffered wasn't actually caused by hail, adding that it refused to allow a construction consultant to inspect its property "despite multiple requests."

  • January 31, 2024

    College Philanthropy Slams Dismissal Bid In IP Coverage Suit

    A philanthropy associated with Kansas State University urged a Kansas federal court to keep alive its counterclaims in a fight over coverage for a lawsuit accusing it of stealing a man's idea relating to economic development, saying it met the pleading standards for this stage of litigation.

  • January 31, 2024

    Insurer Says Dispute Over Developer's HVAC Claim Settled

    A Tokio Marine unit notified a Minnesota federal court Wednesday that it has reached an agreement with a construction company and subcontractor in a coverage dispute over a property developer's claim that the companies must pay to replace part of a residential HVAC system.

  • January 31, 2024

    Church Says Insurer Improperly Denied Covering Schism Row

    A church accused its insurer of violating Pennsylvania's insurance bad faith law and breaching its insurance policy by failing to properly defend former members and trustees over the church's claims they diverted funds to start their own congregation, the church told a federal court.

  • January 31, 2024

    State Farm Policyholder Asks 11th Circ. To Revive Class Suit

    A State Farm auto policyholder urged the Eleventh Circuit to revive her proposed class action accusing the insurer of unlawfully denying coverage for medical expenses, saying a Georgia federal court's interpretation of the medical payments provision went against precedent and the policy language.

  • January 31, 2024

    Liberty Mutual Units Must Help Cover Warehouse, Court Told

    The insurer for a furniture retailer told a California federal court that it doesn't owe coverage to a warehouse owner in underlying bodily injury litigation, saying it was relieved of its defense duties by a lease termination agreement.

  • January 30, 2024

    Woman's Policy Settlement Blocks Crash Injury Claims

    A woman who claims she didn't give her attorney authority to enter a policy-limit settlement and release following an automobile collision is nevertheless bound by it and therefore cannot pursue injury claims, an Illinois state appellate panel has ruled.

  • January 30, 2024

    Paint Co., Insurer Denied Wins In Asbestos Coverage Spat

    A drywall and paint company and its excess insurer can't toss each other's cross-claims in a lawsuit by the company's primary insurers, a Texas federal judge ruled, finding Tuesday that both parties sufficiently pled their arguments in the dispute over whether the company exploited its primary insurers in underlying asbestos litigation.

  • January 30, 2024

    Injured Man Can't Sue Deli Insurer For Payment, 3rd Circ. Says

    The Third Circuit ruled Tuesday that the insurer of a Philadelphia deli doesn't have to indemnify the owner for a $900,000 settlement between him and a man who sued after being stabbed on the premises, reasoning that the victim was barred from relitigating the same issues with the insurance company.

Expert Analysis

  • Auto Insurers Should Reassess Calif. Diminished Value Claims

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    Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • 1st Circ. Harvard Ruling Provides Primer On Policy Provisions

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    In its recent finding of no coverage for Harvard due to the school's failure to give Zurich American Insurance timely notice of its claim, the First Circuit provides a good analysis of the distinctions between occurrence and claims-made policies, including the rationale for differences in notice provisions, says Andrew Paliotta at Cozen O'Connor.

  • SEC's New Rules Likely Will Affect Cyber, D&O Insurance

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    The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Key Provisions In Florida's New Insurer Accountability Act

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    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • Next Steps For Insurers After Ky. OKs Early 3rd-Party Claims

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    While insurers in Kentucky may face more statutory bad faith claims after a recent state Supreme Court decision clarified that third parties may bring these torts even before determination of coverage is finalized, insurers can adopt a variety of approaches to reduce their exposure, says Jason Reichlyn at Dykema Gossett.

  • Insurers, Prepare For Large Exposures From PFAS Claims

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    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • What To Know About Duty To Settle Insurance Claims In Texas

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    Laura Grabouski of Holden Litigation examines the parameters of Texas insurers' duty to settle liability claims within the limits of the primary policy, as knowledge of the requirements — and the potential exposure from insureds, judgment creditors or excess creditors — can pay dividends in the era of nuclear verdicts.

  • Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers

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    The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.

  • Insurance Ruling Shows Notice Letters Need Close Review

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    A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.

  • 11th Circ. Ruling May Impede Insurers' Defense Cost Recoup

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    The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

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    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.