General Liability

  • January 19, 2024

    Club Shooting Victim Seeks Toss Of Insurer's Coverage Fight

    The victim of a 2019 shooting at a South Carolina nightclub urged a federal court Friday to toss a suit brought by the club's insurer over coverage for an $18.1 million default judgment, saying any ruling regarding the carrier's coverage obligations under the policy is moot.

  • January 19, 2024

    State Farm Denied New Coverage Trial Over Atty's Remarks

    State Farm cannot get a new trial after a jury found one of its policyholders suffered permanent injuries from an auto accident, a Florida appeals court ruled Friday, rejecting the insurer's claim that the policyholder's counsel "obliterated" State Farm's witness credibility arguments in a handful of sentences.

  • January 19, 2024

    Proposed $350B Federal Reinsurance Program Draws Scrutiny

    A proposed national reinsurance program lacks important details for legislation that would dramatically change the federal government's role in insurance markets, experts said, while offering competing ideas about whether such a program is needed at all.

  • January 19, 2024

    Cleaning Co. Eyes Deal In Firing Suit Coverage Bid

    A kitchen exhaust system cleaning company, two Hartford units and an insurance agency are considering mediation to resolve the company's suit seeking $250,000 in damages over the insurer's denial of coverage for an underlying judgment entered against it in a wrongful termination lawsuit, according to a Friday court order.

  • January 19, 2024

    Insurer Drops Coverage Dispute Over $11.5M Judgment

    Great American E&S Insurance Co. dropped its declaratory claims against a lumber company in California federal court regarding coverage for a more than $11.5 million judgment over a construction worker's injuries, resolving the coverage dispute before the lumber company answered the insurer's complaint.

  • January 19, 2024

    Ala. Restaurant Gets Deboning Injury Coverage Suit Tossed

    An Alabama federal court tossed an insurer's dispute over coverage for a settlement demand made against a restaurant after a patron claimed that she had to undergo emergency surgery due to an improperly deboned fish, saying the court lacks subject-matter jurisdiction.

  • January 18, 2024

    Biz, Insurer Settle $10.5M Military School Construction Dispute

    A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.

  • January 18, 2024

    5th Circ. Tosses $1.7M MDL Subpoena Coverage Row

    A company seeking coverage from a Zurich unit for more than $1.7 million it spent responding to a nonparty subpoena cannot litigate such issues in Texas federal court, the Fifth Circuit ruled Thursday, finding both of their connections to Texas "too attenuated to warrant exercising specific personal jurisdiction."

  • January 18, 2024

    Mich. School District Says Shooting Coverage Exceeds $5M

    A Michigan school district mired in litigation over a 2021 school shooting told a state court its insurer wrongfully capped coverage at $5 million by labeling the event as a single occurrence, arguing that the policy's definition is ambiguous and that each injured individual constituted an occurrence.

  • January 18, 2024

    Yacht Owner Demands Insurer Cover $240K Engine Rebuild

    The owner of a $3.5 million yacht told a Florida federal court Thursday that its insurer breached its contract by failing to pay for more than $240,000 in water damage to its engine.

  • January 18, 2024

    Late Claim Voids Coverage For Ga. Shooting, Nationwide Says

    A Georgia Citgo gas station's claim for defense against an underlying wrongful death suit was filed too late, Nationwide General Insurance Co. told a Georgia federal court Thursday.

  • January 18, 2024

    Realty Co. Seeks $8.2M For Failed Merger Defense Costs

    A Hartford unit owes over $8.2 million in damages stemming from a merger gone awry between its insured and real estate giant Simon Property Group, the insured said in a complaint removed Thursday to a Delaware federal court, maintaining that it properly exhausted all other limits of coverage.

  • January 18, 2024

    Insurers, Flooring Co. Notch Partial Win Over Gym Fire Suit

    A high school that accused a flooring company of causing a gym fire cannot seek damages related to gym improvements, higher insurance costs and mental anguish, a Louisiana federal court ruled, stopping short of deciding whether the school retains standing to sue the company or the company's insurers to begin with.

  • January 18, 2024

    Travelers Workers Ordered To Testify In Shoe Co.'s PFAS Suit

    Travelers claims handlers must testify about the insurer's practices for handling complex commercial and environmental insurance claims in a footwear company's PFAS coverage dispute, a special master in the Michigan federal court suit ordered.

  • January 17, 2024

    Rented Lamborghini Not Covered For $200K Crash Into Tree

    A New Jersey federal judge on Wednesday granted California Casualty & Fire Insurance Co.'s request for a declaration that the insurer does not have to cover damages for a totaled $200,000 Lamborghini that was crashed while rented, finding that the insurer's policy excludes coverage for the car.

  • January 17, 2024

    NJ Panel Reverses Zurich Win Over Auto Crash Coverage

    A New Jersey trial court wrongly dismissed a temporary staffing company's lawsuit seeking coverage from a Zurich unit for four employees' auto accident injury claims, a state appeals court ruled Wednesday, finding the summary judgment record was "bereft of undisputed facts."

  • January 17, 2024

    Barge Co. Says Insurer Reneged On Superfund Suit Coverage

    A Washington barge company said its insurer owes it coverage for legal expenses in an underlying lawsuit claiming the company is liable for environmental pollution at an Oregon Superfund site, according to a complaint moved to federal court Tuesday.

  • January 17, 2024

    Ill. Panel Upholds State Farm's Coverage Win Against Stacking

    State Farm doesn't owe an Illinois woman nearly $1.5 million in underinsured motorists coverage for injuries she suffered after being ejected from a motorcycle during a car accident, an Illinois appeals court panel said Wednesday, finding that the three policies she obtained unambiguously prohibited stacking.

  • January 17, 2024

    No Coverage For HOA In Trade Secret Theft Suit, Court Told

    An Illinois homeowners association and its property managers are not entitled to coverage for an underlying action brought by the development's golf course operator accusing the association of downloading proprietary information, an insurer told a federal court, saying the incident doesn't meet the policy's definition of an occurrence.

  • January 17, 2024

    No Coverage For New York Ghost Gun Suits, AIG Unit Says

    An AIG unit told a New York federal court it should have no duty to cover a firearm retailer in three lawsuits by the state attorney general and municipalities alleging that the retailer knowingly sold unfinished components that would be assembled into so-called ghost guns.

  • January 16, 2024

    Hyundai, Kia Beat Insurers' Engine Fire Defect Class Claims

    A California federal judge has axed putative class claims brought by insurers seeking to recover their purported losses from paying claims to roughly 7,000 customers whose Hyundai and Kia vehicles' engines allegedly caught fire due to a defect.

  • January 16, 2024

    Insurer Must Defend Contractor In Construction Death Suit

    A Florida federal judge found an insurer had a duty to defend a contractor in an underlying lawsuit alleging its negligence led to the death of a subcontractor who was electrocuted by an uninsulated high-voltage line, ruling the incident falls outside the scope of multiple exclusions.

  • January 16, 2024

    Food Flavoring Co. Seeks Coverage For Worker Injury Suits

    A manufacturer of food and beverage ingredients told a Kentucky federal court that its primary and umbrella insurers must provide coverage for nearly two decades of lawsuits brought by workers who said they were injured by exposure to certain chemical compounds in flavoring products.

  • January 16, 2024

    Allstate Can't Send LG Washer Damage Row To State Court

    A Texas federal judge declined to remand a dispute between Allstate and LG over reimbursement for costs the insurer covered after a washing machine flooded a policyholder's home, finding that the lawsuit was not improperly removed to federal court.

  • January 16, 2024

    New Orleans Gas Station Owed No Coverage For Assault Suit

    A New Orleans gas station's insurer owes no defense or indemnity coverage for a suit accusing a security guard of assault, a Louisiana federal court ruled, finding that the dispute fell plainly under the policy's assault and battery exclusion.

Expert Analysis

  • Peephole Cam Case Lowers The Bar On NY Negligence Claims

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    A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • A Look At Florida's Aggressively Pro-Insurer Tort Reform

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    Florida's new tort reform law is an unwarranted gift to insurance companies that seeks to strip policyholders of key rights while doing little to curb excessive litigation, say Garrett Nemeroff and Hugh Lumpkin at Reed Smith.

  • Navigating High Court's Options In Insurer Choice Of Law

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    Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.

  • 7th Circ. Adds To Range Of Opinions On MCS-90 Endorsement

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    The Seventh Circuit's recent opinion in Prime Insurance Company v. Wright helps illustrate how the variation among courts as to when the federally mandated MCS-90 insurance endorsement for motor carriers is satisfied often hinges on exactly how "interstate commerce" is defined, says Rick Boepple at Akerman.

  • NY Rulings Show Shift In Insurance Priority Approach

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    Some recent New York state decisions considering coverage priority of primary and excess insurance policies and contractual indemnity claims run against clear policy language, which should trump extrinsic evidence of intent, says Dan Kohane at Hurwitz Fine.

  • Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

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    With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.

  • Pollutant Insurance Case Holds Clues For Ohio Train Litigation

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    A recent Rhode Island Supreme Court decision in Regan Heating v. Arbella could mean that the wide-reaching impacts of the February train derailment in East Palestine, Ohio, will trigger the enforcement of any total pollution exclusion contained in Norfolk Southern's commercial general liability policy, says Kayla O’Connor at Saxe Doernberger.

  • Establishing A Record Of Good Faith In Mediation

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    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

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    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.

  • Fla. Bill Would Rein In Personal Injury Litigation Excesses

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    A recently proposed bill in the Florida House that would change bad-faith laws and the admissibility of medical bills for services performed under a letter of protection would provide reasonable checks on practices that are far too common in personal injury cases in the Sunshine State, say attorneys at Baker Donelson.

  • Takeaways From Tree-Clearing Co.'s 11th Circ. Insurance Win

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    The Eleventh Circuit's recent decision in Frankenmuth Mutual v. Brown's Clearing, interpreting the extent of knowledge required to trigger an insured's notice obligations under a commercial general liability policy, is both a welcome sign and a cautionary tale for corporate policyholders, say Garrett Nemeroff and Christopher Kuleba at Reed Smith.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.