General Liability

  • September 23, 2025

    5th Circ. Clears Tugboat Firm In Barge Sinking Dispute

    The Fifth Circuit on Monday said a lower court did not err in finding that a marine transportation services company wasn't liable for all claims arising from a June 2022 capsizing and sinking of a barge, saying that the barge's structure made it unseaworthy.

  • September 23, 2025

    Mich. Panel Says Driver's Food Delivery Work Voids Coverage

    A Progressive Insurance unit was entitled to rescind an auto policy it issued to a woman seeking coverage for an August 2021 accident since she falsely declared in her insurance application that she didn't work for a food delivery service, a Michigan state appeals court ruled.

  • September 23, 2025

    Law Firms Sued Over La. Hurricane Claim Fee Scheme

    Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.

  • September 23, 2025

    Insurers Say Marine Cos. Owe $1.8M For Cargo Collapse

    Marine engineering, logistics and surveying companies are on the hook for nearly $1.8 million after a government contractor's equipment was damaged during transit from Washington to Hawaii, insurers for the contractor told a Washington federal court.

  • September 22, 2025

    Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says

    A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.

  • September 22, 2025

    NC Meteorologist's Widow Gets $126M In Wrongful Death Deal

    The Total Traffic and Weather Network and its parent company will pay $126 million to settle a negligence case by the widow of a local meteorologist who died in a helicopter crash — $50 million of which its primary insurers must cover immediately, according to North Carolina state court filings.

  • September 19, 2025

    Md. Steel Co. Owes $700K For System Collapse, Insurer Says

    Hartford Fire Insurance Co. has sued a subcontractor on a Maryland commercial project in state court to recover the costs of a $719,405 claim made after a steel joist system partially collapsed in 2022.

  • September 19, 2025

    Insurer Seeks Coverage Sublimit For Unbooked Uber Driver

    An insurer for Uber told a Texas federal court that it should only owe coverage up to a lower set of limits over an auto collision involving one of its drivers, arguing that a policy with a higher limit only applied once a driver actually accepted a ride request.

  • September 18, 2025

    Insurer Can't Get Redo Of $1.3M Trademark Row Analysis

    An insurer can't relitigate court findings that it owed coverage under a general liability policy to a company that settled a trademark infringement lawsuit for more than $1.3 million, an Indiana federal court ruled, channeling baseball Hall of Famer Yogi Berra in the process.

  • September 18, 2025

    Wash. Panel Calls Gas Station Co.'s Insurance Delay Risky

    Whether gas station operator Gull Industries Inc. is entitled to legal defense costs from Granite State Insurance Co. in long-running litigation over the company's environmental liability may ultimately boil down to timing, Washington state appellate judges suggested at a hearing Thursday.

  • September 18, 2025

    Homeowner Policies At Center Of Ga. Insurance Changes

    As the Georgia House of Representatives continues to study the state's insurance rate-setting practices, profit margins and claims processing, insurance attorneys in the state evaluate the areas in which homeowners should be watching closely, including cosmetic exclusion triggers, third-party adjusters and the changes to come under April's tort reform legislation.

  • September 18, 2025

    Petrol Co. Seeks Early Win In Benzene Injury Coverage Suit

    Three insurers have continued to renege on their duty to defend an underlying lawsuit seeking to hold a New York-based petroleum company liable for a man's multiple myeloma diagnosis, the company told a state court, saying they've already acknowledged that such a duty exists.

  • September 18, 2025

    Insurance Litigation Week In Review

    A Delaware state court found that Frontier Communications was entitled to a defense against copyright infringement claims, a split Ninth Circuit panel backed certification denial for a proposed class of Progressive policyholders, and the Second Circuit heard arguments in a firearms retailer's bid for coverage of ghost gun suits. Here, Law360 takes a look at the past week's top insurance news.

  • September 17, 2025

    Judge Probes Alleged Rivalry In Captive Insurer's Collapse

    A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.

  • September 17, 2025

    Frontier Copyright Row Triggered Duty To Defend, Court Says

    Insurers for Frontier Communications had a duty to defend the telecommunications company against copyright infringement claims that were ultimately settled, a Delaware state court ruled in a recently unsealed opinion, analyzing a deliberate acts exclusion and the timeliness of Frontier's claim notice.

  • September 17, 2025

    Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit

    A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.

  • September 18, 2025

    2nd Circ. Wary Of Retailer's Bid For Ghost Gun Suit Coverage

    The Second Circuit seemed skeptical of a Texas-based firearms retailer's argument that it is owed coverage for suits alleging it contributed to gun violence by selling unfinished components used to assemble what are known as ghost guns, grilling the retailer Wednesday for specific allegations of negligence that would trigger coverage.

  • September 16, 2025

    Insurer Says Overturned Truck In Fatal Crash Not Covered

    A Progressive unit that provided commercial auto insurance for a concrete company told a Texas state court it should owe no defense or indemnity in a wrongful death lawsuit involving an overturned cement truck, arguing the insurer did not directly insure the vehicle.

  • September 16, 2025

    Insurer Must Arbitrate Chemical Injury Coverage Dispute

    An insurer must arbitrate its dispute with a homeowners association over coverage for underlying suits claiming that the association's pool contractor allowed hazardous chemicals to spread and injure patrons, a Virginia federal court ruled, finding that the policy's nonbinding arbitration agreement is enforceable under state law.

  • September 15, 2025

    Insurer Asks Court To Deny Fla. Tree Co.'s Coverage After Fire

    An Ohio-based insurance company filed a lawsuit against a tree service and a funeral services business in Florida federal court, saying that it should not have to defend the company that was sued over cutting down the tree that caused a fire and resulted in $2 million in damage. 

  • September 15, 2025

    Delayed Notice Of $3.2M Verdict Bars Coverage, Insurer Says

    A Florida property owner isn't covered for a $3.2 million judgment entered against it in an underlying personal injury lawsuit, an insurer told a federal court Monday, arguing that the property owner failed to fulfill its reporting obligations and that exclusions in a commercial general liability policy bar coverage.

  • September 15, 2025

    Security Co. Not Covered In Shooting Injury Suit, Insurer Says

    An insurer said it doesn't owe coverage to a security company or one of its employees for an underlying suit over a shooting and a related $500,000 stipulated judgment, telling a Nevada federal court Monday the shooting wasn't an accident and therefore doesn't qualify as an occurrence.

  • September 15, 2025

    Telecom Co. Can't Avoid Liberty's Marshall Fire Coverage Suit

    A Liberty Mutual unit may proceed with its suit seeking to avoid coverage for a Lumen Technologies subsidiary in underlying actions over the 2021 Marshall Fire, a Colorado federal court ruled, finding that the insurer alleged an injury sufficient to establish Article III standing.

  • September 12, 2025

    Split 9th Circ. Backs Cert. Denial In Progressive Car Value Suit

    A split Ninth Circuit panel on Friday upheld a lower court's refusal to certify a class of Progressive policyholders in a suit over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, finding that individual questions predominate over common ones.

  • September 12, 2025

    Liberty Wins Defense Reimbursement In Crane Damage Row

    A subcontractor's insurer must reimburse a Liberty Mutual unit for roughly $477,000 in defense costs stemming from settled litigation over property damage from an unsecured crane, a New York federal court ruled Friday, finding that a self-insured retention only applied with respect to the subcontractor.

Expert Analysis

  • Strategies To Get The Most Out Of A Mock Jury Exercise

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    A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.

  • Notable Developments At The NAIC Summer Meeting

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    Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer meeting last month, including developments on risk-based capital requirements and the evolving use of artificial intelligence in insurance practices.

  • Avoiding Unforced Evidentiary Errors At Trial

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    To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.

  • When AI Denies, Insurance Bad Faith Claims May Follow

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    Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.

  • Insuring Against FCA Risk In Shifting Trade Landscape

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    In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.

  • Key Insurance Coverage Considerations For AI Data Centers

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    The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.

  • 5 Key Steps To Prepare For Oral Arguments

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    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • Maryland High Court Ruling Clarifies Claim Assignment

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    In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.

  • NY Ruling Eases Admission Of Medical Record Evidence

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    A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.

  • Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Puzzling Out When Similar Insurance Claims Are Related

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    A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.

  • Ruling Offers Insurers A Path To Settle Sans Insured Consent

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    A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.