General Liability

  • April 18, 2024

    Justices' Corporate Disclosure Ruling Dodges D&O Upheaval

    A U.S. Supreme Court decision that limited when securities fraud claims can be brought for a failure to disclose information relieved policyholder experts, who told Law360 that the justices avoided major consequences for directors and officers policies.

  • April 18, 2024

    Mich. High Court Takes Up Insurer Garnishment Dispute

    The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.

  • April 18, 2024

    Four Environmental Issues Insurers Eye On Earth Day

    From questions over climate disclosure rules to a rapidly increasing landscape of flood risk, Earth Day this year offers a chance to take stock of how much climate change has affected the insurance industry and the consumers that rely on it for disaster relief. Here, ahead of the annual quasi-holiday on April 22, Law360 looks at some of the most important insurance trends and stories related to the environment.

  • April 18, 2024

    Insurance Litigation Week In Review

    California's attorney general stepped into an unfair competition dispute with State Farm, Allstate demanded that a former contractor stop spreading lies, a session replay suit against Liberty Mutual was paused, and the Eleventh Circuit pondered whether an insurer should pay a nonapportioned settlement.

  • April 18, 2024

    Ohtani Theft Scandal Loads Bases For Insurance Claims

    The embezzlement and sports betting scandal that has ensnared Los Angeles Dodgers star Shohei Ohtani's former interpreter could implicate a range of insurance and civil litigation possibilities, coverage experts say, pointing to criminal allegations that Ohtani was defrauded of $16 million.

  • April 18, 2024

    Admiral Balks At Covering Menendez Ally In Pollution Suit

    Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.

  • April 17, 2024

    Wash. Winemaker Wants Insurers To Cover $30M Spoiled Wine

    A Washington state winemaker has launched a lawsuit against certain Lloyd's of London underwriters in state court, seeking coverage under a pair of insurance policies for more than $30 million worth of cabernet sauvignon that became too acidic to sell while being stored by another wine producer prior to bottling.

  • April 17, 2024

    Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal

    A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.

  • April 16, 2024

    3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit

    A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.

  • April 16, 2024

    11th Circ. Asks If Undivided Settlement Can Still Be Covered

    An Eleventh Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 nonapportioned Georgia federal settlement that potentially included both covered theft and noncovered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.

  • April 16, 2024

    AIG Unit Must Cover $20M Botched Tunnel Project, Court Told

    A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.

  • April 15, 2024

    Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

    The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

  • April 15, 2024

    Diocese Says Insurer Must Refund Sex Abuse Claims Defense

    Certain underwriters at Lloyd's of London must pay defense expenses related to sexual abuse claims against the Roman Catholic Diocese of Rockville Centre, the diocese has told a New York court, maintaining that its bankruptcy proceedings do not relieve the insurer of reimbursement requirements.

  • April 12, 2024

    Mich. Panel Says Out-Of-State Car Accident Isn't Covered

    A Michigan resident is not entitled to insurance benefits for a car accident under the state's no-fault law, a state appeals court has ruled, reinstating its previous decision that claimants are not eligible for state-provided benefits for injuries arising from out-of-state accidents.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • April 12, 2024

    Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says

    A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.

  • April 11, 2024

    Norfolk's Proposed Deal Shows Risk Management Is Critical

    Norfolk Southern Railway Co.'s proposed $600 million settlement with residents and businesses stemming from last year's train derailment and toxic chemical spill in East Palestine, Ohio, highlights the importance of a proactive risk management department and transparency between policyholders and carriers, experts say.

  • April 11, 2024

    Insurer AI Rules Push Self-Oversight, Leave Enforcement Hazy

    State regulators across the United States that advise insurers to establish protocols for testing, documenting and governing their artificial intelligence tools are offering clarity for companies to self-regulate, but leaving the prospect of enforcement vague, experts said.

  • April 11, 2024

    Chubb-Archdiocese Suit Raises Coverage Burden Issue

    A Chubb lawsuit against the Archdiocese of New York over indemnity for sexual abuse claims is implicating questions over which party has the burden to show if a liability might be covered or not, a dispute inextricably tied to justice for the church's many alleged victims.

  • April 11, 2024

    NJ Diocese Says Don't Stop Ch. 11 Plan For Insurers' Appeal

    The Roman Catholic Diocese of Camden, New Jersey, and a committee representing sexual abuse claimants have urged a bankruptcy judge to deny insurers' bid for a long-term stay on implementation of the diocese's reorganization plan while the carriers appeal its confirmation, asserting the appeal repeats arguments the court repeatedly rejected.

  • April 11, 2024

    Insurance Litigation Week In Review

    Louisiana's top court was asked to examine the enforceability of certain insurance contracts' arbitration clauses, the Sixth Circuit ordered a company to pay back some of the defense bill its insurer footed, the Pennsylvania Supreme Court heard COVID-19 coverage arguments and the Ninth Circuit rejected such arguments under Washington law.

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    11th Circ. To Weigh If Wood Theft Is 'Intentional'

    The Eleventh Circuit will review, on April 16, a Georgia federal ruling forcing an insurer to cover a $557,000 settlement for shoddy workmanship and wood theft during a deconstruction project by its policyholder, and the outcome could hinge on what constitutes an accident and which state law applies. Here, Law360 breaks down the case in advance of oral arguments.

  • April 11, 2024

    Insurer Drops Suit After Evidence Clears Stihl In Fire Case

    Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.

  • April 11, 2024

    Syracuse Diocese Told Its Ch. 11 Plan Needs More Work

    A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.

Expert Analysis

  • What Insurers Gain When Litigating Coverage Denials

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    Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • SEC, NY Cybersecurity Rules Create Complexity For Insurers

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    Two separate cybersecurity rules recently adopted by the New York Department of Financial Services and the U.S. Securities and Exchange Commission pose distinct challenges for insurance industry participants, with important interactions, and potential tensions, for those required to comply with both frameworks, say attorneys at Debevoise.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • 3 AI Regulation Developments Insurers Must Follow

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    Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.