General Liability

  • August 15, 2024

    Harvard Late In Suing Broker For Tardy Admission Suit Notice

    Harvard University was 13 months late in bringing breach of contract claims against its insurance broker for its belated notification to Zurich American Insurance Co. about an ultimately successful legal challenge that upended affirmative action in higher education, a Boston federal judge said Thursday. 

  • August 15, 2024

    'Rise Of The Insurance Beast': Cases Take Over Colo. Courts

    Colorado's chief U.S. magistrate judge told a room full of attorneys Thursday that insurance cases have started to dominate the court's dockets, comprising almost half the district's civil jury trials last year.

  • August 15, 2024

    Insurance Litigation Week In Review

    The First and Third circuits asked state high courts to answer coverage questions, a Massachusetts state appeals court ruled on coverage for construction defects for the first time, the Second Circuit considered whether a letter constituted a claim and the Texas attorney general accused General Motors of misusing driver data.

  • August 15, 2024

    Calif. Virus Ruling Gives Clarity On Illusory Coverage

    California policyholders were disappointed while the state's high court continued to rule in insurers' favor on pandemic coverage, but experts say the emphasized standard of proof as to when coverage is actually rendered illusory could be a beacon of clarity for insureds.

  • August 15, 2024

    No Coverage For Las Vegas Apartment Fire Suits, Judge Says

    An excess insurer needn't cover the owners of a Las Vegas apartment building in underlying suits over a 2019 fire that left six people dead, a Nevada federal court ruled, saying the property was not a designated location under the policy.

  • August 15, 2024

    $1M Limit Applies For Motel Shooting, 4th Circ. Told

    A man injured in a motel shooting told the Fourth Circuit that his potential insurance recovery under the motel's policy with a Travelers unit should be $1 million, arguing the shooting was an accident and thus fell outside an assault and battery endorsement's $100,000 sublimit.

  • August 15, 2024

    Texas Windstorm Insurer Strikes Balance With Rate Hike

    A recent rate hike approved by Texas' windstorm insurer of last resort underscores the urgency of balancing the financial needs of both insurers and policyholders following damaging storms like Hurricane Beryl in an already strained property insurance market, experts say.

  • August 15, 2024

    Insurtechs Face Fewer Reg Roadblocks, Attorney Says

    Tech innovators in the insurance industry are facing a more understanding and cooperative regulatory environment than they once dealt with, said an insurance attorney who helped steer an early mover in the arena of insurtech.

  • August 14, 2024

    Insurer Fights $29M Judgment Over Fatal Crash Coverage

    An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.

  • August 14, 2024

    Insurer Off Hook For Jury Award In Construction Dispute

    A commercial insurer does not have to indemnify a contractor found liable for multiple structural and other problems in a home he built, a Massachusetts intermediate appellate court concluded Wednesday in a case of first impression involving what is considered "property damage" in a construction dispute.

  • August 14, 2024

    Mich. Court Stands By Unitary Biz Ruling For Nationwide

    A Michigan state appeals court will not reconsider its decision that insurance companies that are part of Nationwide should file their taxes as a unitary group, and denied the state Treasury Department's request for reconsideration.

  • August 13, 2024

    Texas AG Targets General Motors Over Unlawful Data Sales

    Texas' attorney general has escalated his probe into data privacy practices at connected car manufacturers, hitting General Motors with a lawsuit in state court Tuesday accusing the automaker of unlawfully gathering and selling drivers' private data — which would then be resold to insurance companies — without permission.

  • August 13, 2024

    1st Circ. Kicks UIM Coverage Battle To RI Justices

    The First Circuit asked the Rhode Island Supreme Court to consider the extent an individual who is injured in an auto accident during the scope of their employment is entitled to underinsured motorist coverage under their employer's policy, saying "insurance law is notoriously complex and today's appeal proves that point."

  • August 13, 2024

    3rd Circ. Refers Sex Traffic Coverage Issues To Pa. Justices

    The Third Circuit asked the Pennsylvania Supreme Court to consider whether an insurer's duty to defend and indemnify is repealed when an insured is accused of enabling or profiting from sex trafficking, telling Pennsylvania's high court that the decision has far-reaching state and public implications.

  • August 13, 2024

    Contractors Owe $7M For Iron Plant Fire, Insurer Says

    An insurer for one of the world's largest steel producers told a Texas federal court that five companies it said were responsible for the design, manufacture, sale and installation of a failed component at an iron plant must foot the bill for a fire that cost the producer nearly $7 million.

  • August 13, 2024

    Ski Resort, Insurer End COVID Closure Suit Days Before Trial

    Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.

  • August 12, 2024

    Insurer Says No Coverage For Hotel In Sex Trafficking Case

    An insurer told a Virginia federal judge it didn't owe coverage to a hotel owner accused of participating in sex trafficking at its Super 8 Motel turned Quality Inn, because criminal acts were not covered under state rules or by the policy.

  • August 08, 2024

    No Private Right To Sue After 'Total Loss,' Colo. Panel Says

    Colorado policyholders cannot sue their auto insurers to enforce a statute requiring them to cover vehicles' title and registration fees when vehicles are declared a total loss, a Colorado appeals court ruled Thursday, finding the statute contains no implied private right of action.

  • August 08, 2024

    Illinois Biometric Privacy Reform Eases Coverage Woes

    Illinois reformed its biometric privacy law that started a wave of litigation by limiting the potential liabilities for sharing biometric data without informed consent, which experts said will ease the coverage concerns of both policyholders and insurers.

  • August 08, 2024

    Insurance Litigation Week In Review

    The Eleventh Circuit rejected insurers' coverage challenges in separate suits over a wood-theft settlement and a storm damage appraisal award, a Georgia federal court ordered an insurer to defend a farm in a couple's suit over foul smells, and the Eighth Circuit said Geico had no duty to cover a woman's HPV claims. Here, Law360 takes a look at the past week's top insurance news.

  • August 08, 2024

    8th Circ. Avoids 'Absurd Results' In Geico HPV Suit

    While the Eighth Circuit reasonably interpreted a Geico auto policy as not providing coverage for a woman's claim that she contracted HPV during sexual encounters in a policyholder's car, carriers should heed the case as a warning to draft clearer policy language, policyholder and insurer-side attorneys alike agreed.

  • August 08, 2024

    Community Insurance Can Plug NFIP Gaps, Expert Says

    Community-based flood insurance can help cover insurance gaps and provide fast insurance relief to towns and cities at risk of flooding, UC Davis researcher and former Federal Emergency Management Agency engineer Kathleen Schaefer tells Law360.

  • August 08, 2024

    Conflicting Rulings Muddy Del. Stance On No-Action Clause

    Conflicting Delaware state court rulings on the enforcement of no-action clauses in liability insurance policies have called into question the compatibility of such clauses with an insurer's duty to defend, policyholder experts say.

  • August 08, 2024

    Colo. Judge Limits Ski Co.'s COVID Insurance Recovery

    An owner and operator of 15 ski resorts claiming roughly $200 million in COVID-19-related losses can recover only up to $1 million under its AIG policy's "loss of attraction" provision, a Colorado state court ruled, leaving nearly all other coverage issues up to a jury to decide.

  • August 07, 2024

    11th Circ. Affirms Unapportioned Wood-Theft Settlement

    The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.

Expert Analysis

  • SEC's New Rules Likely Will Affect Cyber, D&O Insurance

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    The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Key Provisions In Florida's New Insurer Accountability Act

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    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • Next Steps For Insurers After Ky. OKs Early 3rd-Party Claims

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    While insurers in Kentucky may face more statutory bad faith claims after a recent state Supreme Court decision clarified that third parties may bring these torts even before determination of coverage is finalized, insurers can adopt a variety of approaches to reduce their exposure, says Jason Reichlyn at Dykema Gossett.

  • Insurers, Prepare For Large Exposures From PFAS Claims

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    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • What To Know About Duty To Settle Insurance Claims In Texas

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    Laura Grabouski of Holden Litigation examines the parameters of Texas insurers' duty to settle liability claims within the limits of the primary policy, as knowledge of the requirements — and the potential exposure from insureds, judgment creditors or excess creditors — can pay dividends in the era of nuclear verdicts.

  • Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers

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    The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.

  • Insurance Ruling Shows Notice Letters Need Close Review

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    A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.

  • 11th Circ. Ruling May Impede Insurers' Defense Cost Recoup

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    The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

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    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

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    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • The Legal Issues Flying Around The Evolving Drone Market

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    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.