Pa. Justices' Auto Exclusion Ruling May Spur Policy Changes
The Pennsylvania Supreme Court is tackling whether policy language precluding coverage for injuries "arising out of" the ownership or use of "autos" is ambiguous, and its answer could set up auto liability carriers in the state to reevaluate how they define such terms even in standard form policies, experts say.
Massive Liability Issues Centered At Anderson Kill Conference
Evolving cyber and artificial intelligence risks, along with the massive claims associated with forever chemicals and sexual abuse suits, should be among the top insurance considerations for policyholders today, attorneys and brokers said at a conference hosted by Anderson Kill PC.
Fire Coverage Dispute Underscores Shared-Limit Policy Risks
A California federal court's recent decision rejecting a Los Angeles property owner's bid to recover an additional $2.1 million for fire losses represents a cautionary tale regarding the coverage issues that can arise in "shared limit" property insurance programs. Here, Madelyn Rodriguez of Clausen Choquette PLLC's insurance recovery practice spoke to Law360 about the advantages of these policies, the challenges of determining limits and interpreting policy language, and measures that insureds and their brokers can take to ward off potential problems.
Pa. Justices' Auto Exclusion Ruling May Spur Policy Changes
The Pennsylvania Supreme Court is tackling whether policy language precluding coverage for injuries "arising out of" the ownership or use of "autos" is ambiguous, and its answer could set up auto liability carriers in the state to reevaluate how they define such terms even in standard form policies, experts say.
Massive Liability Issues Centered At Anderson Kill Conference
Evolving cyber and artificial intelligence risks, along with the massive claims associated with forever chemicals and sexual abuse suits, should be among the top insurance considerations for policyholders today, attorneys and brokers said at a conference hosted by Anderson Kill PC.
Fire Coverage Dispute Underscores Shared-Limit Policy Risks
A California federal court's recent decision rejecting a Los Angeles property owner's bid to recover an additional $2.1 million for fire losses represents a cautionary tale regarding the coverage issues that can arise in "shared limit" property insurance programs. Here, Madelyn Rodriguez of Clausen Choquette PLLC's insurance recovery practice spoke to Law360 about the advantages of these policies, the challenges of determining limits and interpreting policy language, and measures that insureds and their brokers can take to ward off potential problems.
Expert Analysis
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Property More
A Liberty Mutual unit must cover losses stemming from a roof collapse at a high school after a heavy snowfall, an Ohio school district told a federal court, saying the insurer's handling of the claim prolonged... (more story)
A condominium association's property insurer owes no coverage for an over $4.3 million hail damage claim, an Illinois federal court ruled, finding that because the association failed to file a properly "sworn"... (more story)
A group of businesses on Tuesday argued that Liberty Mutual Insurance should pay out for disruption caused by COVID-19 and subsequent lockdowns, on the opening day of the latest trial in a series of cases to e... (more story)
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
A Nationwide unit doesn't owe coverage for a property owner's claim over a burst water pipe that resulted in a sudden settling of a commercial building and made it unsafe for tenants, a Connecticut federal cou... (more story)
Ransomware attacks have been increasing in recent years, while the market for cyberinsurance is growing and becoming more competitive, said a cyberinsurance expert at a media briefing from the American Academy... (more story)
The Second Circuit upheld Citgo's $54.2 million judgment against insurers over seized Venezuelan oil cargo, a California federal court officially approved an $80 million class settlement over life insurance te... (more story)
A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and in... (more story)
The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and ... (more story)
Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its... (more story)
General Liability More
An insurer has no duty to defend a bowling center against claims that it overserved alcohol to a patron who then drove and killed another motorist, a New Mexico federal court ruled, finding that the policy's l... (more story)
Individuals who were injured in a mass shooting at the 2024 Kansas City Chiefs' Super Bowl parade and the event's organizers asked a Missouri federal court to toss an insurer's bid to escape coverage, arguing ... (more story)
Apparel brand Aviator Nation Inc. told a California federal court that its general liability carrier must defend an ongoing lawsuit from Adidas America Inc. alleging that Aviator Nation violated Adidas' famous... (more story)
An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding tha... (more story)
A Michigan state appeals court revived a woman's suit seeking personal injury protection benefits after a car crash, finding one exclusion in her no-fault policy invalid because it contravenes the state's no-f... (more story)
A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparab... (more story)
A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim conce... (more story)
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows... (more story)
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a ... (more story)
An Allstate insurer told a Pennsylvania federal court that it is entitled to recoup more than $100,000 from Whirlpool Corp. after a dishwasher the company manufactured set fire to a policyholder's property.
Specialty Lines More
An electronic payments company's insurer must turn over claim files and underwriting materials as they continue to litigate whether the company's roughly $6.8 million loss from two fraud schemes falls within i... (more story)
Adhesives manufacturer H.B. Fuller Co. told a Minnesota federal court that an AIG unit has breached its duty to defend the company in a proposed class action over the company's Power Grout product, alleging th... (more story)
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in ... (more story)
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settleme... (more story)
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach ... (more story)
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err... (more story)
A property owner's title insurer owes no coverage for an underlying quiet title action over ownership of a private road between two separate properties, a New York federal court ruled, finding coverage excepti... (more story)
The Chapter 7 trustee for subprime car lender and seller Tricolor Holdings can access about $275,000 in deposited checks at its headquarters to make late insurance payments, a Texas bankruptcy judge said at an... (more story)
Justin Baldoni, the "It Ends With Us" lead and director facing sexual harassment claims from co-star Blake Lively, asked a New York federal court to dismiss an insurer's lawsuit seeking to avoid coverage, noti... (more story)