General Liability

  • February 27, 2024

    3rd Circ. Won't Reconsider Coverage Ruling For Deli Stabbing

    The Third Circuit declined to review its decision that an insurer for a Philadelphia deli does not owe coverage for a $900,000 settlement reached with a man stabbed on the premises.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Liberty Cuts Off Drivers' Rentals Too Soon, Suit Claims

    Liberty Mutual systematically and arbitrarily ends replacement transportation coverage after seven days for policyholders whose vehicles are totaled in collisions, in violation of its own policy language, a proposed class action alleges.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

  • February 23, 2024

    Insurance Litigation Week In Review

    From maritime contracts’ choice-of-law provisions to a question on how far an agency can steer companies from contracting with controversial groups, the past week saw two insurance-related cases before the U.S. Supreme Court, plus litigation over a mass shooting and a casino operator’s claims that its “unique” policy covers pandemic losses. Here, Law360 recaps the week's top insurance news. 

  • February 26, 2024

    New York Pandemic Coverage Ruling Offers Few Surprises

    Businesses seeking insurance coverage for their pandemic losses were dealt yet another loss recently by New York's top court, a ruling that didn't surprise attorneys watching to see whether the Empire State might buck the trend of carrier victories.

  • February 23, 2024

    Insurance M&A Partner From Sidley Joins Kirkland

    Kirkland & Ellis LLP has added a corporate partner in its insurance transactions and regulatory and financial institutions practice groups, bringing on a former Sidley Austin LLP attorney who said he "couldn't be more excited" to join the firm's Chicago office.

  • February 23, 2024

    Agent Didn't Owe Mich. Co. Coverage Advice, Panel Says

    An insurance agent did not have a duty to advise a business that was damaged in a 2020 dam collapse that its insurance coverage might be inadequate, a Michigan state appeals court ruled, finding there is no special relationship between the parties that triggered that responsibility.

  • February 26, 2024

    Justices' Maritime Insurance Ruling Retains Tilted Status Quo

    When the U.S. Supreme Court ruled last week that an insurer can enforce choice-of-law provisions in a marine insurance policy it issued to the owner of a yacht that ran aground, it upheld existing practices that give insurers the upper hand over policyholders.

  • February 21, 2024

    Fatal Crash Payout Flouts Insurance Law, NC Justices Told

    North Carolina Farm Bureau Mutual Insurance urged the state Supreme Court on Wednesday to undo a trial court's decision that it owes $50,000 to a policyholder whose car caused a fatal wreck, arguing that his liabilities didn't trigger underinsured motorist coverage.

  • February 21, 2024

    NC Justices Hint At Coverage For Firm's Driver Privacy Row

    The North Carolina Supreme Court seemed skeptical Wednesday of an insurer's contention that mailers sent by a law firm to car crash victims based on public accident reports couldn't be considered coverage-triggering publication of material that violates a person's right to privacy.

  • February 21, 2024

    5th Circ. Affirms Subrogation Loss In Fieldwood Energy Sale

    The Fifth Circuit has ruled that a group of insurers that issued surety bonds to bankrupt Fieldwood Energy in a sale of its assets are not entitled to subrogation rights because the bankruptcy court's order stripping their rights could not be challenged under Section 363 of the Bankruptcy Code, a protection that limits appellate review of an approved sale.

  • February 21, 2024

    Uber Says Insurers Failed To Cover Dozens Of Injury Suits

    Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.

  • February 21, 2024

    No Property Coverage For Maui Wildfire, Insurer Says

    A condominium association and its property manager have no coverage for property damage claims stemming from the 2023 Maui wildfires, their insurer told a Hawaii federal court, arguing that a property damage exclusion in their errors and omissions policy wholly bars coverage.

  • February 20, 2024

    Casinos Say 'Unique' Policy Should Cover $130M COVID Loss

    A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.

  • February 20, 2024

    Policyholder Attys Say Firm's Mailer Row Merits Coverage

    The North Carolina Supreme Court will hear arguments Wednesday over whether a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims is entitled to coverage under an excess policy, as policyholder attorneys anticipate a win for the firm. Here, Law360 breaks down the case in advance of the hearing.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

  • February 15, 2024

    Second Carrier Seeks To Toss Four Seasons Coverage Row

    A subcontractor's insurer joined another carrier in urging a New York federal court to dismiss a general contractor's lawsuit seeking coverage in a $1 million underlying action over damage to a Four Seasons hotel in midtown Manhattan, arguing that the faulty workmanship claims don't constitute an occurrence under its policy.

  • February 15, 2024

    Oil Trader Says Cargo Storage Expenses Are Covered

    An oil and gas trader slammed Liberty Mutual's attempt at an early win in a $2.4 million coverage dispute over losses related to a contaminated oil shipment, telling a New York federal court Thursday it is entitled to recover both barge storage expenses and attorney fees.

  • February 15, 2024

    Zurich Owes $554K Over Faulty Construction Work, Erie Says

    Erie Insurance Co. told a D.C. federal court Thursday that a Zurich unit wrongly denied coverage to Erie-insured subcontractors for over $554,000 in damage stemming from faulty work at a government agency renovation project, arguing Zurich has cited the wrong coverage form to deny liability.

  • February 15, 2024

    Insurer Says Repair Co. Owes $650K For Ferry Engine Failure

    A vessel repair company must pay over $657,000 for costs stemming from the failure of a ferry engine during routine maintenance, the insurer for a Boston ferry operator told a Massachusetts federal court Thursday, saying the company's negligence caused the mishap.

  • February 14, 2024

    University Not Covered In Baseball Injury Row, Insurer Says

    An insurer told an Illinois federal court Wednesday that Northwestern University is not owed coverage for an underlying lawsuit brought by a man injured during a baseball tournament held at the university, maintaining that Northwestern is not an additional insured under the policy issued to the tournament's operator.

Expert Analysis

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Ore. Insurance Ruling Opens Door To Extracontractual Claims

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    The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • Protections May Exist For Cos. Affected By Red Sea Attacks

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    Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • 3 Significant Ohio Insurance Updates From 2023

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    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • Policyholders Must Object To Insurer Reorganizations

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    When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.

  • Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

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    An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.