General Liability

  • March 07, 2024

    Anti-Fraud Tool At Risk In 8th Circ. Billing Row, Carriers Say

    Insurers' ability to enter agreements that limit billings with healthcare providers, which they contend help combat insurance fraud, is up in the air in Minnesota as the Eighth Circuit gears up to hear arguments Thursday over whether such agreements violate a state law guaranteeing prompt automobile accident insurance payouts.

  • March 07, 2024

    Towers Watson Insurers Off Hook For $90M Merger Coverage

    Towers Watson's insurers do not need to cover settlements totaling $90 million in two shareholder suits stemming from the company's merger with Willis, a Virginia federal judge ruled, saying the transaction was barred by a so-called bump-up exclusion.

  • March 07, 2024

    Women In Insurance Law On Breaking Down Barriers

    Building a better environment for women in the legal industry starts from the top, women in insurance law told Law360. To mark International Women's Day, both junior and senior women attorneys share their experiences in the industry and offer words of advice.

  • March 06, 2024

    6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row

    A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.

  • March 06, 2024

    Fla. Judge Relieves Insurer Of $1M Construction Defect Row

    An insurer has no obligation to defend or indemnify a general contractor or subcontractor in an over $1 million faulty construction dispute, a Florida federal judge ruled, finding that the subcontractor's policies contained an unambiguous "residential construction" exclusion that clearly barred coverage.

  • March 06, 2024

    Power Co. Can't Escape Explosion Fraud Claim

    An infrastructure supply company can't toss a fraud claim brought by an industrial company's insurers in a suit seeking to recoup $18.7 million in damages for a manufacturing facility explosion, an Ohio federal court ruled, finding that the carriers can bring both a breach of contract claim and a fraud claim.

  • March 05, 2024

    Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says

    An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.

  • March 05, 2024

    Calif. Justice Asks Why COVID Triggers Insurance But Not Flu

    A California Supreme Court justice appeared skeptical during a hearing Tuesday that COVID-19's presence fulfills the "physical loss or damage" requirement in commercial property insurance policies under Golden State law, questioning whether COVID-19 is different from the flu with respect to property coverage and calling asbestos litigation "far afield."

  • March 05, 2024

    Liberty Unit Off Hook For Sleep Machine Cleaner Class Action

    A Liberty Mutual unit needn't defend a manufacturer of cleaning devices for sleep machines in a multidistrict class action alleging that the company falsely advertised its products as safe and healthy, a New Hampshire federal judge ruled, finding the underlying action lacks any claim for damages covered under the policies.

  • March 05, 2024

    Ohio Pot Facility Explosion Sparks Suit Against Lighting Co.

    An Ohio cannabis grower and its insurer accused a lighting products company of failing to warn them about the dangers of its merchandise after one of its lamps allegedly exploded in a growth facility, causing hundreds of thousands of dollars worth of damage.

  • March 04, 2024

    Insurer Secures Win In $3.7M Pool Damage Row

    A construction company's insurer does not have to cover a $3.7 million judgment awarded to homeowners for the faulty construction of a pool, a Montana federal court ruled, finding that business risk and professional liability exclusions barred coverage under the company's general liability policy.

  • March 04, 2024

    No Coverage For Amazon Warehouse Collapse, 8th Circ. Rules

    An insurer for an Amazon warehouse developer does not owe coverage for multiple personal injury and wrongful death suits filed in the wake of a tornado, the Eighth Circuit affirmed Monday, upholding that the warehouse was not included in a policy's "schedule of locations."

  • March 01, 2024

    11th Circ. Revives Alabama Life Insurance Class Action

    An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.

  • March 01, 2024

    Clyde & Co Adds Former Hinkhouse Atty To Chicago Office

    Global law firm Clyde & Co added a former Hinkhouse Williams Walsh LLP attorney as a partner in its North American insurance practice in Chicago who said she is "thrilled" to continue building client relationships in her new role.

  • February 29, 2024

    9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

    A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

  • February 29, 2024

    State Farm Must Face Bad Faith Claims In $3M Crash Row

    A Florida appeals court on Wednesday clarified a prior ruling reviving bad faith claims against State Farm for rejecting an offer to settle a car crash injury suit that led to a $3 million verdict, saying the insurer could still have acted in bad faith in handling the settlement offer even if it had no obligation to accept it.

  • February 29, 2024

    Insurance Litigation Week In Review

    The Texas Supreme Court found that a handful of insurers may be on the hook for a $220 million bankruptcy settlement, while another state Supreme Court said it will take on underpayment claims against Geico, as insurance experts heed emerging privacy risks and prepare for more PFAS litigation. Here, Law360 takes a look at this week's top insurance news.

  • February 29, 2024

    Valencia Fire Renews Concerns Over Materials, Insurance

    A deadly apartment fire in Valencia, Spain, is drawing renewed attention to the use of flammable materials on building exteriors, a global problem that insurance experts say implicates complicated webs of liability and a need for strong government oversight.

  • February 29, 2024

    Texas Justices' Unusual Remedy Presents A Win For Insurers

    The Texas Supreme Court handed several carriers a victory in its ruling that a $220 million settlement between now-bankrupt Cobalt International Energy Inc. and its investors is not binding on the energy company's insurers to establish coverage, a decision notable for the unusual relief granted by the state justices, experts say.

  • February 29, 2024

    New AI Risks Pressure Policyholders To Fill Coverage Gaps

    Growing scrutiny from the public and regulators in the U.S. over artificial intelligence use and rising threats of AI-enabled schemes are sending insurance experts scrambling to evaluate their coverage options in a rapidly changing risk environment.

  • February 29, 2024

    SVB Parent's Counsel Booted From Fraud Coverage Row

    The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.

  • February 28, 2024

    Travelers, Fridge Co. To Settle $950K Dispute Over Ship Fire

    Travelers and a refrigerator manufacturer told a Texas federal court that they have agreed to dismiss litigation over the insurer's bid to recoup $950,000 it paid to its insured to cover a ship fire, which Travelers said was caused by a defective refrigerator unit in the ship's galley.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row

    Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.

  • February 27, 2024

    Company Escapes Coverage Row Over Lethal Ammonia Leak

    A contractor's affiliate whose employee died in an ammonia leak at a North Carolina cold storage facility needn't face claims stemming from the accident, the North Carolina Business Court said in a lawsuit originally brought against three insurers and others over coverage for the leak.

Expert Analysis

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

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    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • The Legal Issues Flying Around The Evolving Drone Market

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    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • Consider Self-Help To Trigger Additional-Insured Status

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    A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.

  • Why 7th Circ.'s BIPA Insurance Analysis Is Significant

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    The Seventh Circuit's ruling in Citizens v. Wynndalco is the first appellate opinion on one of the three major exclusions raised by insurers faced with a duty to defend alleged violations of the Biometric Information Privacy Act and could foreshadow future BIPA opinions favoring policyholders, say John Vishneski and Adrienne Kitchen at Reed Smith.

  • What 6th Circ. Ruling May Portend For PFAS Coverage Cases

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    The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.

  • Insurance Considerations For State Biometric Privacy Claims

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    As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

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    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • 4 Emerging Risks For US Insurance Markets

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    Both insureds and insurers in the U.S. must be aware of significant inbound exposures — including the issues arising from opioids, climate change and artificial intelligence — that could lead to continued volatility in insurance markets, say Aidan McCormack and Wes Reichart at DLA Piper.

  • How Mich. Bill Could Reshape State's Insurance Landscape

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    A recently introduced Michigan Senate bill would bar insurers from delaying, denying or failing to pay a claim unless there is a reasonable basis found in the policy, but its requirement calling for written standards for claims adjusting could create liability issues for large insurers, says Emily Coyle at Plunkett Cooney.