General Liability

  • January 16, 2024

    Insurer Avoids Sanctions For Fatal Shooting Coverage Suit

    A Tennessee federal court tossed a Tokio Marine unit's dispute over coverage for a now-settled suit stemming from a fatal parking lot shooting at a billiards bar but refused to sanction the insurer over the filing of its case.

  • January 16, 2024

    Insurer Drops Suit Against Nonresponsive, Defunct Co.

    An insurer dropped its 2-month-old coverage lawsuit against a defunct Houston-based engineering firm for asbestos exposure-related claims, saying the company neither appeared nor asserted any counterclaims.

  • January 12, 2024

    Farmers Must Arbitrate $2M Row Against Insurer, Judge Rules

    A Michigan federal judge dismissed a pair of farmers’ claims against two insurers and the United States Department of Agriculture, stating that the claims suffer from “numerous threshold issues,” ordering one insurer to move forward with arbitration with the farmers a $2 million insurance claim.

  • January 12, 2024

    AIG Unit Says No Coverage Left For Helicopter Crash Suit

    An AIG unit told an Alaska federal court that it owes no defense to a mountain resort or its owners for claims brought by the surviving passenger of a heli-skiing crash, saying it already settled with the plaintiff for any coverage it could provide.

  • January 12, 2024

    Travelers Says No Indemnity For HVAC Co. In Defect Suit

    A Travelers unit told a California federal court Friday that it has no duty to indemnify an HVAC company in a dispute over defects at a San Francisco apartment building alleged by the property owner, citing a number of policy exclusions.

  • January 12, 2024

    Insurer Disclaims Institutional Furniture Makers' Patent Spat

    Companies accused in underlying litigation of stealing designs from a patent holder and falsely advertising molded plastic furnishings meant for use in prisons and psychiatric facilities shouldn't have defense coverage against the allegations, an insurer told an Illinois federal judge Friday.

  • January 12, 2024

    Insurer Seeks To Toss Challenge To Bombing Coverage Award

    A Nashville, Tennessee, property owner can't proceed with an amended suit claiming an umpire's bias invalidates an appraisal award in a coverage dispute over damage caused by a Christmas Day bombing in 2020, a Zurich unit told a federal court, saying the company failed to state a claim for relief.

  • January 12, 2024

    Boston Says Pharmacy Benefits Cos. Fueled Opioid Crisis

    Pharmacy benefit managers Express Scripts Inc. and OptumRx allowed opioids to flow into the city of Boston for years, creating a public health crisis for the sake of profit, city officials alleged in a suit filed Friday in state court.

  • January 12, 2024

    5th Circ. Voids Insurer's Win In ExxonMobil Job Fatality

    The Fifth Circuit on Friday ordered Indemnity Insurance of North America to defend ExxonMobil's general contractor and its insurer in a suit filed over the death of a woman who was hired by a subcontractor, finding Indemnity's policy defined covered employees to include those hired by the general contractor's subcontractors.

  • January 12, 2024

    Mich. Panel Revives Trucker's Fire Damage Coverage Dispute

    A Michigan state appeals court has revived a truck driver's lawsuit over the loss of nearly $1 million in personal property during a fire, saying he was not the "operator" of a parked vehicle that he alleges started the blaze for purposes of the state's property protection insurance benefits statute.

  • January 12, 2024

    No-Fault Crash Suit Doesn't Bar Negligence Claim, Panel Says

    The estate of a man who was injured in a vehicle crash involving a Detroit city bus can sue the city and driver for negligence, a Michigan appeals court ruled, saying the claims did not have to be joined to an earlier no-fault suit stemming from the same crash.

  • January 11, 2024

    Both Parties In Crane Mishap Coverage Row Seek Early Wins

    A construction contractor and its insurer both asked a New York federal court to grant them early wins in their dispute over coverage for more than $11 million in losses stemming from a 2018 crane accident, each claiming the other's arguments were contradictory.

  • January 11, 2024

    Arrowood's Bid To DQ Abuse Victims' Attorneys Is Premature

    A Washington federal judge denied Arrowood Indemnity Co.'s motion to disqualify opposing counsel representing abuse victims in an insurance coverage dispute, finding the motion premature and noting that motions to disqualify cannot be used for strategic purposes.

  • January 11, 2024

    House Bill Would Create National Reinsurance Program

    The U.S. Department of the Treasury would administer a new national reinsurance program under a $350 billion proposal that would also provide grants for risk-mitigation activities and cash payments for low-income consumers.

  • January 11, 2024

    Insurer Says Resident's Rape In Memory Ward Not Covered

    A dementia facility accused of covering up a rape of a resident by another patient shouldn't have defense coverage against an underlying suit brought by the resident and her family, its insurer told an Alaska federal judge.

  • January 11, 2024

    Mo. Panel Says Insurer Must Pay Costs Despite Paid Limits

    An insurer has no duty to cover a $10 million judgment a family won against a contractor following a fatal auto collision in 2009 because of the insurer's already exhausted, per-occurrence $1 million coverage limit, a Missouri appeals court ruled, partially upholding a trial court ruling.

  • January 11, 2024

    Progressive Must Cover $1.6M UTV Injury Judgment

    A Progressive unit must cover a $1.6 million judgment entered against its policyholder in an underlying lawsuit over injuries from a utility terrain vehicle crash, a Montana federal court ruled, saying the insurer failed to unequivocally demonstrate that the vehicle wasn't a covered auto under the policy.

  • January 10, 2024

    Foster Org. Not Covered In Child Neglect Suit, Insurer Says

    Philadelphia Indemnity Insurance Co. asked a Missouri federal court Wednesday to rule that it does not have to defend a foster care nonprofit and one of its employees from a suit alleging they were negligent in the abuse and death of a 3-year-old.

  • January 10, 2024

    Insurer Seeks Early Win In Asphalt Injury Dispute With Roofers

    An insurer sought an early win against a roofing company Wednesday, telling a Pennsylvania federal court that a policy it issued to the company specifically excludes coverage for injuries resulting from the use of hot tar or asphalt.

  • January 10, 2024

    Coverage Fight Over Ad Infringement Suit Stays In Fed. Court

    A Minnesota federal judge refused Wednesday to send a dispute over coverage of a copyright infringement suit settlement back to state court, finding the policyholder's mailing of service to the wrong address meant its insurer's removal to federal court could proceed.

  • January 10, 2024

    8th Circ. Won't Review Bridge Collapse Coverage Ruling

    The Eighth Circuit refused Wednesday to review a panel's recent holding that an engineering firm isn't entitled to coverage under a Liberty Mutual umbrella policy for a suit over a bridge collapse that injured several construction workers and resulted in a $2.5 million settlement.

  • January 10, 2024

    Pa. Panel Lets Erie Off Hook For Covering Bible App Hack

    Erie Insurance Exchange did not act in bad faith when it denied coverage to a Bible app maker after a hacker deleted the company's videos and software stored on a GoDaddy Inc. server, the Pennsylvania Superior Court ruled, vacating nearly $90,000 in awards the app maker won.

  • January 10, 2024

    Panel Unsure If McKesson Accidentally Oversupplied Opioids

    A Ninth Circuit panel appeared dubious during oral arguments Wednesday that units of AIG and Chubb must defend McKesson Corp. against government opioid suits because the drug wholesaler is largely accused of intentionally flooding the market with the pain medications.

  • January 10, 2024

    Insurer Depreciated Flood Coverage, W.Va. Homeowner Says

    An insurer unlawfully depreciated the replacement value of a West Virginia man's home after a flood, the man said in a proposed class action in federal court while warning that the company may be doing the same to other policyholders.

  • January 10, 2024

    Mich. Justice Asks: Did Car Engine Really Die?

    A Michigan Supreme Court justice wrestled Wednesday with what it means to "operate" a vehicle under a Michigan auto insurance law, as the court weighed whether an uninsured driver should be able to sue for damages after he was hit while stalled on the side of the road.

Expert Analysis

  • Why General Liability Carriers Are Wary Of SEC Climate Rule

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    The U.S. Securities and Exchange Commission's proposed rule to require companies to formally report climate change risks could come into play in five areas that should be concerning to companies and their general liability insurers, says Eric Scheiner at Kennedys.

  • Wis. High Court Ruling May Open Door To Coverage Exception

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    The Wisconsin Supreme Court’s recent decision in Dostal v. Strand finding that an insurer had to defend a civil action following the defendant's criminal conviction on the same facts nonetheless may suggest an exception to the complaint test for determining an insurance company's defense obligation, say David Hollander and Clementine Uwabera at Stafford Rosenbaum.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • Policyholder Lessons From 1st Circ. Duty To Defend Ruling

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    In Lionbridge Technologies v. Valley Forge Insurance, the First Circuit recently held that the obligation to defend an insured is not limited to the specific causes of action expressly stated in a complaint, providing policyholders with persuasive arguments in support of the duty to defend, say Catherine Doyle and Caroline Meneau at Jenner & Block.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Cultivating Good Relationships With Insurance Regulators

    Excerpt from Practical Guidance
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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Yahoo TCPA Coverage Case Protects 'Sophisticated Insureds'

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    The California Supreme Court's recent decision in Yahoo v. National Union, finding coverage for Telephone Consumer Protection Act claims despite Yahoo's status as a so-called sophisticated insured, highlights why policyholder-friendly rules of construction are not just logical, but necessary, say David Kroeger and Steven Tinetti at Jenner & Block.

  • NY Panel's COVID Nursing Home Case Order Spurs Questions

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    The New York Litigation Coordinating Panel's recent final order to coordinate the resolution of COVID-19 nursing home cases leaves critical parameters for the cases coming under the order undefined, such as time frame and injury, say Christopher Potenza and Elizabeth Adymy at Hurwitz Fine.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.