General Liability

  • January 10, 2024

    Geico Drops No-Fault Charges Suit Against NY Pharmacy

    Geico informed a New York federal court that it has put to rest a lawsuit alleging a New York pharmacy exploited the Empire State's no-fault insurance system by submitting $1.4 million in fraudulent billing for pharmaceutical products to treat individuals involved in car accidents and eligible for coverage through the insurer.

  • January 10, 2024

    Background Check Co. Had Duty To Defend Security Provider

    A background check company breached its duty to defend a security services provider accused of negligently hiring a security guard who two patients alleged assaulted them at a California medical center, a Colorado federal court ruled, saying the underlying allegations clearly triggered the company's indemnity obligations.

  • January 10, 2024

    Contractors Haven't Paid Up After Default, Insurer Says

    An insurer told a New York federal court Wednesday that an engineering firm and several related entities left it on the hook for losses suffered by the owner of a solar power facility after they defaulted on their contract.

  • January 09, 2024

    Insurer Asks NC Justices To Help Secure $524M Judgment

    An insurer urged the North Carolina Supreme Court to review a state appeals court's judgment reversing limitations on an embattled insurance mogul's transfer of assets, maintaining that the decision "substantially diminishes" its ability as a judgment creditor to collect a more than $524 million award.

  • January 09, 2024

    Insurance Broker Says Competitor Infringed Trademarks

    An insurance broker sued another insurance broker it claimed has infringed on its trademarks and variations of the marks, telling a Texas federal court to find that it is entitled to collect its competitor's profits from the infringement.

  • January 09, 2024

    Insurers May Continue With Silica Exposure Coverage Dispute

    A pair of Hanover units can proceed with their coverage dispute against a granite distributor facing numerous silica dust exposure suits after resolving a California federal court's order to show cause as to why their case should continue despite a lack of response from the distributor.

  • January 09, 2024

    Oakland Diocese, Creditors And Insurers To Hold Plan Talks

    The Roman Catholic Diocese of Oakland, its unsecured creditors and a number of its insurers told a California bankruptcy judge Tuesday that they will begin mediation on the diocese's Chapter 11 plan once they come to an agreement on the mediators.

  • January 09, 2024

    Insurers Must Cover Loss Of 500K Bushels Of Soybeans

    A New York state judge said three insurers must cover a commodity company's loss of over 500,000 bushels of soybeans resulting from a Mississippi-based warehouse's entrance into bankruptcy in September 2021, finding the loss occurred during the policy period.

  • January 09, 2024

    Hinshaw Adds 6-Atty Insurance Team In LA, San Francisco

    Hinshaw & Culbertson LLP announced Tuesday that it has brought on six insurance attorneys in San Francisco and Los Angeles, including three partners and three senior counsel, from now-closed Coddington Hicks & Danforth.

  • January 09, 2024

    Insurer Owed Defense In Parking Garage Damage Suit

    A second insurer for a concrete subcontractor had a duty to defend the company against accusations it damaged a parking garage, a California federal court held, saying the carrier failed to show that the alleged damage occurred outside the policy period.

  • January 09, 2024

    Insurance Boutique Co-Founder Joins McGuireWoods

    A founding partner of insurance boutique Pasich LLP and former adviser at consultancy AECOM is joining McGuireWoods LLP's national insurance recovery team, the firm said Monday.

  • January 08, 2024

    $5M Settlement For Fatal Bike Accident Covered, Court Told

    A Markel unit must cover a $5 million settlement reached between a policyholder's employee and the estate of a woman fatally struck in a motor vehicle accident, the estate told a Florida federal court, arguing that because the perpetrator's car wasn't owned by the policyholder, an auto exclusion wasn't triggered.

  • January 08, 2024

    Store Says Insurers Owe $2.7M In Jewelry Heist Coverage Row

    A California jewelry store that won a $2.7 million judgment against a security company it accused of negligence after the store was burglarized said the security company's insurers must pay the judgment, arguing the insurers wrongly denied coverage for the security company.

  • January 08, 2024

    Excess Insurer Says Landscaper Payment Row Isn't Covered

    The excess insurer for a general contractor told a Texas federal court that it doesn't owe coverage for a landscaper's suit alleging nonpayment, saying that neither its policies nor an agreement to resolve unrelated cross-claims obligated it to cover the suit.

  • January 08, 2024

    Ruling In Home Defect Coverage Fight Unripe, Judge Says

    A South Carolina federal judge dismissed a suit lodged by a contractor's insurer over coverage for damage supposedly caused by building defects in a man's home, finding the court lacks jurisdiction because no decision on liability has been reached in an underlying state court suit.

  • January 08, 2024

    11th Circ. Revives State Farm Vehicle Valuation Suit

    A State Farm policyholder can continue to litigate his claim that the insurer systematically undervalues totaled vehicles, the Eleventh Circuit ruled, finding that an appraisal dispute process outlined in his policy did not bar him from filing his proposed class action.

  • January 08, 2024

    Travelers Unit Owes $2.5M For Injury Suit, Liberty Mutual Says

    A pair of Liberty Mutual units told a New York federal court Monday that a Travelers insurer owes them more than $2.5 million for the costs of defending and settling claims against a construction company after an employee was injured at a work site.

  • January 08, 2024

    9th Circ. Must Define 'Occurrence' In Opioid Coverage Fight

    The question of what constitutes an occurrence, an accident that triggers an insurer's defense obligations, will take center stage before the Ninth Circuit and legal experts say the panel must clarify whether California law requires units of AIG and Chubb to defend McKesson against government opioid suits.

  • January 08, 2024

    High Court Won't Review Tossing Of UPS' Dispute With Airline

    The U.S. Supreme Court declined on Monday to review a Second Circuit ruling upholding the dismissal, for lack of personal jurisdiction, of UPS' indemnification fight against Taiwanese airline EVA Airways after an AIG unit had sued UPS over damaged vitamin pallets the airline was contracted to transport.

  • January 05, 2024

    Insurance Mogul Fights Bid To Clarify Fraud Case Review

    An embattled insurance mogul has urged the North Carolina Supreme Court to resist a bid by a group of allegedly defrauded insurers to explain the terms of the court's agreement to review a potential $420 million judgment, arguing that it would be an "unprecedented" move.

  • January 05, 2024

    Drunken Driver Says Geico Forced $14M Settlement On Him

    A drunken driver accused of causing two deaths claimed Geico failed to settle a wrongful death claim against him for a reasonable value, forcing him to take a $14 million settlement deal one day before trial, according to a suit removed to Nevada federal court.

  • January 05, 2024

    Sanctioned Co. Can't Get Coverage For Ga. Murder, Court Told

    An insurer tried again in Georgia federal court Friday to escape defending a property management company that was sanctioned for spoiling evidence in underlying litigation accusing it of failing to maintain safety at an apartment complex where a man was shot to death in 2021.

  • January 05, 2024

    Insurer Sued Over $3.5M Colo. Sewer Damage Award

    A Colorado county water authority has accused Gemini Insurance Co. of failing to defend a construction company that was found liable for $3.5 million in damages related to a botched construction project that caused a sewage line failure.

  • January 05, 2024

    Texas Co. Says It's Owed Coverage In Antitrust Class Actions

    Willow Bridge Property Co. is suing its insurers after it was denied coverage in 35 putative class actions alleging that it and others conspired to use RealPage software to inflate apartment lease rates.

  • January 05, 2024

    Property Co. Can't Get Coverage In Equipment Damage Row

    An industrial contractor's insurer has no duty to indemnify a commercial property owner over claims that the contractor caused more than $500,000 in damages for wrongly removing and damaging electrical equipment at a Pennsylvania property, a federal court ruled, finding a policy's faulty workmanship exclusion was applicable.

Expert Analysis

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Coverage Ruling Confirms Policy Ambiguities Favor Insureds

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    A recent Georgia federal court decision, Penn-America Insurance v. VE Shadowood, finding for the insured on a policy containing conflicting endorsements, underscores that coverage cannot be defeated by contradictory terms when policies include coverage extensions, say Shaun Crosner and Tae Andrews at Pasich.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • What NJ Insurance Disclosure Law Could Mean For Litigation

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    Thomas Wester and Christian Cavallo at Goldberg Segalla discuss the potential presuit negotiation and litigation implications of a recently enacted New Jersey law requiring automobile insurers to disclose policy limits before the start of a lawsuit, aimed at promoting claim settlement.

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

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    The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • A Road Map To Insurance For PFAS Claims And Suits

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    In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Readying Companies For PFAS Regulation And Liability

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    Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.

  • Contra Proferentem Will Remain Alive And Well In NY

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    Although a recent Law360 guest article argues that a New York state court's decision in Brooklyn Union Gas v. Century Indemnity creates a blanket exception to the principle that contractual ambiguities are construed against the drafter, leading appellate decisions suggest that the exception would only be applied under narrow circumstances, say attorneys at Pillsbury.