General Liability

  • June 28, 2024

    Uber Driver Axes Coverage Claims Against Co.'s Insurer

    An Uber driver agreed to dismiss his claims against an insurer for Uber after he filed a suit in Massachusetts federal court accusing it and the ride-hailing company of wrongly refusing to offer him underinsured motorist coverage after he said he was severely injured in an accident.

  • June 27, 2024

    Proposed Calif. Insurance Tradeoff Draws Mixed Reactions

    Insurance industry representatives and consumer advocates in California are pitching opposing visions for a proposed regulatory tradeoff at the heart of state officials’ efforts to increase homeowners insurance availability at a time of heightening wildfire risks.

  • June 27, 2024

    Auto Software Outage Turns Policyholders To Cyber Coverage

    A ransomware attack against auto software company CDK Global that caused an ongoing disruption in the operations of car dealerships has sent policyholder experts pointing to cyber insurance policies for immediate relief.

  • June 27, 2024

    Insurance Litigation Week In Review

    The D.C. Circuit ordered coverage for water damage stemming from an excluded peril, a Nevada state court let a COVID-19 coverage suit remain despite a pro-insurer pandemic ruling from the state's justices, Travelers avoided defending asbestos suits and Nautilus Insurance prevailed in a $3 million logging injury coverage row.

  • June 27, 2024

    4th Circ. Revives Wood Treatment Injury Coverage Row

    An insurer must cover the maker of a wood treatment product in a suit over a man's cancer diagnosis following decades of exposure to the chemical, the Fourth Circuit said Thursday in a published opinion reversing a lower court's finding.

  • June 27, 2024

    2024 'Super Election Year' Shows Value In Risk Management

    Insurance experts are warning of potentially heightened risks as the 2024 presidential race ramps up in the U.S. and elections take place abroad, advising policyholders and insurers to maintain a strong understanding of their policies ahead of potential political unrest.

  • June 27, 2024

    Insurer Climate Risk Report Drawing Regulatory Attention

    A recent report finding that insurers are making mixed progress on climate risk disclosures will draw regulators' attention as they continue to shape how carriers detail information about their emissions and climate policies, experts say.

  • June 27, 2024

    Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit

    A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.

  • June 26, 2024

    Travelers Nabs Partial Win In Asbestos Coverage Dispute

    A Travelers unit only has a duty to indemnify but not defend a drywall and paint company that faces several underlying asbestos injury lawsuits, a Texas federal court ruled, rejecting the company's reading of "not covered" in its umbrella policy providing excess coverage.

  • June 25, 2024

    1 Of 2 Carriers Off Hook For $8M Garage Damage Verdict

    An insurer for a now-defunct maintenance company has no duty to cover an $8 million jury verdict it faces over parking garage damage, an Indiana federal court ruled, adding that whether a separate insurer for the company must foot the bill can not yet be determined.

  • June 24, 2024

    Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death

    Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.

  • June 24, 2024

    Nev. Restaurant Co.'s COVID Suit Is Kept Alive

    A group of insurers can't avoid a restaurant holding company's bid for coverage of COVID-19-related losses, a Nevada state court ruled, finding that the state supreme court's ruling on the subject didn't control the action because of an infectious disease endorsement in the company's policies.

  • June 24, 2024

    No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms

    The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.

  • June 24, 2024

    Insurer Says Paralympic Org Not Covered In Sex Abuse Row

    The U.S. Olympic & Paralympic Committee should have no coverage in a lawsuit accusing it of negligence after a Paralympic swimmer said he was sexually abused by a teammate, an insurer for the committee told a Colorado federal court, citing an "absolute abuse or molestation" exclusion. 

  • June 21, 2024

    No Coverage For La Quinta Sex Assault Claims, Insurer Says

    The insurer of a La Quinta Inn & Suites location told a Texas federal court it owes no defense or indemnity in an underlying state court lawsuit alleging the hotel negligently failed to prevent the sexual assault of a minor on its property.

  • June 21, 2024

    Mich. Appeals Panel Rescinds Coverage For Auto Policy Fraud

    A Michigan appeals court panel said a trial court was wrong for not rescinding auto insurance coverage held by a woman who made misstatements on her insurance application before she was injured in an accident. 

  • June 21, 2024

    Wolverine Inks Deal To End PFAS Coverage Fight

    Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."

  • June 21, 2024

    Mich. Panel Says Default Judgment Covered Per No-Fault Law

    A Progressive unit must pay a $250,000 default judgment in a motor vehicle negligence case even though the insurer said its policyholder failed to cooperate, a Michigan appeals court ruled, finding a state Supreme Court decision predating Michigan's no-fault insurance reform was still applicable.

  • June 20, 2024

    'AI Washing' Actions Mark New Frontier In Coverage Disputes

    Recent regulatory actions and shareholder suits over alleged misrepresentations of artificial intelligence use, or what is known as AI washing, may be the first wave of a surge of claims that will hit professional and management liability insurance lines.

  • June 20, 2024

    Attys See Huge Financial, Legal Stakes In Hawaii Climate Suit

    A novel Hawaiian case over whether an AIG insurer needs to pay a Sunoco subsidiary’s legal fees to beat claims it contributed to climate change has huge stakes for carriers and policyholders as they increasingly tussle over the cost of Earth-warming emissions.

  • June 20, 2024

    Calif. Justices Give Insureds Certainty On Policy Exhaustion

    The California Supreme Court's clarification that an insured can look to first-layer excess policies as soon as primary coverage for that period is exhausted has favorable implications for policyholders, experts say, yet questions remain as a lower court weighs whether excess insurers must contribute to a primary insurer's coverage.

  • June 20, 2024

    Insurance Litigation Week In Review

    The California Supreme Court opened the door to excess coverage for a policyholder's asbestos injury suits, the Hawaii Supreme Court questioned whether reckless behavior could trigger a Sunoco subsidiary's liability coverage, and the Second Circuit affirmed a Liberty Mutual unit's coverage win in a family shareholder dispute. Here, Law360 takes a look at the past week's top insurance news.

  • June 20, 2024

    Novel Vermont Polluter Law Raises Insurance Liability Issues

    A new Vermont law requiring fossil fuel companies to fund projects ameliorating the negative effects of climate change could raise questions about what constitutes a covered occurrence and how pollution exclusions may apply, while also igniting choice-of-law disputes, experts say.

  • June 20, 2024

    Insurer Hit With Coverage Suit Over Ohio Grocery Shooting

    Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.

  • June 20, 2024

    2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit

    A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.

Expert Analysis

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • What New Conn. Insurance Bulletin Means For Data And AI

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    A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney. 

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • 2nd Circ. Ruling Clarifies When Demand Letters Are Claims

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    The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

  • Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'

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    The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Cos. Seeking Cyber Coverage Can Look To Key Policy Terms

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    As cyberattacks increasingly threaten business operations, including one last month that partially paralyzed UnitedHealth's services, expanded interpretations of several key policy terms may allow affected companies to recover under cyber business interruption policies or other coverage, even if their business hasn't completely shut down, say attorneys at Kasowitz.

  • Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.

  • High Court Should Endorse Insurer Standing In Bankruptcy

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    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.