General Liability

  • January 25, 2024

    Progressive Says Uber Crash Coverage Limited To $50K

    Coverage for Uber and one of its drivers involved in an underlying automobile accident is limited to $50,000, Progressive told a Florida federal court Thursday, stating that a second policy with a $1 million bodily injury limit isn't applicable because the accident didn't occur during a prearranged service.

  • January 25, 2024

    Notice Delay In Chubb's $3.3M Recoupment Bid Bugs 6th Circ.

    A Sixth Circuit panel peppered a Chubb unit with questions Thursday about why the carrier should be able to recoup $3.3 million from two other insurers for its defense of windshield repair company Safelite against a competitor's suit, despite a four-year delay in notice.

  • January 25, 2024

    Power Co. Can't Dismiss Explosion Fraud Claim, Insurers Say

    Two insurers for an infrastructure technology company urged an Ohio federal court not to toss their bid to recoup $18.7 million in damages for a manufacturing facility explosion, maintaining that state law supports their ability to bring both a breach of contract and fraud claim.

  • January 24, 2024

    Bermuda Law Prohibits Arbitrator Removal, 2nd Circ. Told

    A New York federal court properly ruled that it lacked authority to remove the arbitrator presiding over a Bermuda reinsurance arbitration, the reinsurer told the Second Circuit on Wednesday, arguing the counterparty's attempt to revive its petition seeking such a ruling is unsupported by Bermuda law.

  • January 24, 2024

    7th Circ. Ponders If Faulty Steel Damaged O'Hare Project

    The Seventh Circuit questioned Wednesday whether cracked welds in a Chicago O'Hare International Airport canopy damaged the larger structure in a way that would trigger property damage coverage, after a lower court ruled that the canopy's general contractor wasn't covered for over $37.5 million in costs.

  • January 24, 2024

    Geico's Bid For Early Win In COVID Rebate Class Suit Denied

    A California federal judge rejected Geico's bid for victory in a class action that claims the car insurance company owes additional refunds to policyholders after they overpaid their premiums during COVID-19 shutdowns.

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 24, 2024

    Crane Lessor Not Covered In Construction Death Suit

    A Tokio Marine entity doesn't owe coverage to a construction equipment company in an underlying wrongful death action brought after a piece of a crane fell on a worker, a South Carolina federal judge ruled Wednesday, finding that the company wasn't an additional insured under the general contractor's policy.

  • January 23, 2024

    Oil Co. Says Power Co. Owes $11M For Injury Defense

    An oil and gas company seeking up to $11 million in coverage from a power company for an underlying electic shock injury suit told a Wyoming federal court that the power company should've made it an additional insured on its policies, per the companies' agreement.

  • January 23, 2024

    Insurer Says Battery Cos. Can't Point To Coverage In EPA Row

    An insurer urged a Georgia federal court to toss a battery reseller and its recycling counterpart's bid for reimbursement of over $700,000 in cleanup costs the companies owe the U.S. Environmental Protection Agency over a two-week-long property fire, saying the companies failed to pinpoint any coverage owed.

  • January 23, 2024

    Insurer Says No Coverage Of $1M Suit By NYC Four Seasons

    A construction company working on a Four Seasons Hotel in midtown Manhattan told a New York federal court that insurers should pay to defend it in a $1 million suit brought by the hotel alleging damages to its guest rooms, while its insurer said Tuesday that it wants the case dismissed.

  • January 23, 2024

    Split 9th Circ. Says Insurer Must Defend Cleanup Injury Suit

    An insurer must fund a contractor's defense against a suit for injuries a man suffered while removing debris from a wildfire, a 2-1 Ninth Circuit panel ruled Tuesday, finding there is a potential for coverage under a $2 million commercial general liability policy.

  • January 23, 2024

    Condo Assoc. Says Insurer Played Favorites In Fee Dispute

    A Virgin Islands condominium association told an Illinois federal court that an AIG unit played favorites in a fee payment dispute between its insureds, refusing to cover more than $500,000 in legal fees for the association while fully funding its opponent.

  • January 23, 2024

    Condo Assoc. Says Insurer Can't Limit Bombing Coverage

    A Nashville, Tennessee, condominium owners association said it's entitled to $10.7 million from its insurer to repair property that was damaged in a bombing in December 2020, telling a federal court that an exclusion for buildings designated as historic structures does not apply to limit recovery.

  • January 23, 2024

    Candy Maker Wants $5M Recall Coverage Suit Tossed

    A Texas-based candy company urged a New York federal court to either toss an insurer's lawsuit seeking to avoid coverage for a nearly $5 million recall over metal fragments found in certain gummy candies or transfer the case to Texas, where the company sued its insurer.

  • January 22, 2024

    Background Check Co. Says Court Mistreated It As Insurer

    A background check company urged a Colorado federal court to reconsider a ruling that the company had to defend and indemnify a now-defunct security services provider, arguing that the court used properties of insurance law to improperly expand its contract.

  • January 22, 2024

    Insurer Can Proceed With $1.7M Settlement Contribution Suit

    Viad Corp. can't escape an insurer's suit seeking to recover $1.7 million of a nearly $160 million settlement with the state of Montana, a Nebraska federal court ruled Monday, finding the insurer plausibly alleged that the company could be liable under a reinsurance contract.

  • January 22, 2024

    Zurich Gets Early Win In Travelers' $2.1M Reimbursement Suit

    Zurich has no duty to cover over $2.1 million in costs Travelers incurred while defending a construction company in a 2011 lawsuit over defects at San Diego's Hard Rock Hotel, a California federal court ruled, finding the underlying contract at issue didn't require Zurich's coverage beyond April 2008.

  • January 22, 2024

    Colo. Contractor Seeks Defense For $2M Defects Arbitration

    A Colorado general contractor is suing five insurers over their refusal to defend the company in arbitration proceedings over construction defects at a senior living community, telling a Colorado federal court they owe coverage under policies issued to its subcontractors.

  • January 22, 2024

    Insurers Fight $3.8M Subrogation Bid Over $5.75M Settlement

    Two Liberty Mutual units and UFG accused each other in California federal court of failing to properly settle a woman's auto collision injury claims before ultimately settling for $5.75 million, in a dispute over whether the units must reimburse UFG for its over $3.77 million contribution.

  • January 22, 2024

    Insurer Escapes Models' Strip Club Copyright Coverage Fight

    A Florida federal judge relieved an insurer of covering a near $300,000 settlement in an underlying suit alleging that a strip club used two models' unauthorized images in ads, finding that the suit isn't covered by policies issued to the club.

  • January 22, 2024

    Electronics Co. Loses Consumer Class Action Coverage Fight

    An insurer had no duty to defend an electronics-maker against a class action over representations that the company made about its power bank devices, a New York federal court ruled, saying the underlying allegations don't constitute disparagement claims under the policy's personal and advertising injury coverage.

  • January 22, 2024

    Justices Won't Review $13M Well Damage Coverage Denial

    The U.S. Supreme Court declined on Monday to review a Third Circuit finding that a well services company cannot tap into $13 million in insurance coverage for damages to hydraulic fracturing wells caused by use of the wrong mix of fracking fluid.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

Expert Analysis

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

  • Exxon Ruling Highlights Additional Insured Coverage Conflict

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    Despite the Texas Supreme Court's recent decision in Exxon Mobil v. National Union, finding that contractual minimum insurance requirements cannot be used as a ceiling to bar umbrella coverage, the case nevertheless illustrates insurers' aggressive tactics to reduce the scope of additional insured coverage, say David Kroeger and Steven Tinetti at Jenner & Block.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

  • Climate Reporting Regs Mean New Risks To Insure

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    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

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    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • Unpacking NY's Revamped Wrongful Death Bill

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    Legislation to amend New York’s wrongful death law, introduced May 2, proposes more limited reforms than an earlier version the governor vetoed in January, but will likely still face strong opposition due to the severe financial impacts it would have on insurers’ set premiums and reserves, say Eric Andrew and David Adams at Hurwitz Fine.

  • NY Ruling Highlights Need For Specific Insurance Disclaimers

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    New York coverage counsel responsible for writing disclaimer letters should heed a recent appellate decision, Bahnuk v. Countryway Insurance, in which the letter sent to the plaintiff was deemed to be insufficiently specific, leaving the insurance company on the hook for coverage, says Dan Kohane at Hurwitz Fine.

  • Big Oil Certiorari Denial May Alter Climate Change Litigation

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    The U.S. Supreme Court's Monday decision not to review a handful of forum disputes in oil industry climate change litigation means that similar cases may face less corporate-friendly state courts, and insurers may see greater defense and damages exposures from Big Oil clients, say Dennis Anderson and Deepa Sutherland at Zelle.

  • 5 Tips For Filing Gov't Notices After Insurance Producer M&A

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    As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.

  • Policyholder Lessons From Sandy No-Coverage Decision

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    A New York federal court recently decided that in the aftermath of Hurricane Sandy, Madelaine Chocolate knew Great Northern Insurance’s all-risk policy offered no coverage for storm surge — an important reminder that policyholders should review policy language for ambiguities or anti-concurrent causation clauses, say Dennis Artese and Joshua Zelen at Anderson Kill.

  • Insureds' Notice Pleading May Be Insufficient In Federal Court

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    A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.

  • 5th Circ. Offers Expert Opinion Guidance For Insurance Cases

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    A recent Fifth Circuit decision in Majestic Oil v. Lloyd's of London provides insight into how Texas' concurrent causation doctrine could affect insurance cases where the cause of damage is at issue, and raises considerations for litigants faced with new or revised expert reports after the deadline has passed, say Brian Scarbrough and Cianan Lesley at Jenner & Block.

  • DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly

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    The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.