General Liability

  • March 13, 2025

    Canada's New PM Seen As Leader Conscious Of Climate Risk

    As the former central banker Mark Carney assumes leadership over Canada's government, experts are pointing to his comments on climate change risks to insurers as a watershed moment in appreciating the financial risks of a warming planet.

  • March 13, 2025

    Coverage Bars Fla. Worker Who Died In Fall, Insurer Says

    A Michigan-based insurance company has asked a Florida federal court to declare that it doesn't owe coverage in a claim stemming from a condominium worker's death after falling five stories, asserting that its policy doesn't cover the death if it occurred during the scope of the employer's business.

  • March 13, 2025

    Ohio Co. Can't Get New Trial After Scrapped $18M Award

    An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.

  • March 13, 2025

    Chubb Units Say Insurer Must Share $15M Explosion Costs

    Another insurer must help cover the nearly $15 million two Chubb units spent settling injury claims against the owner and operator of a gas-processing plant that faced 15 underlying lawsuits stemming from a fatal explosion, the units told a Louisiana federal court.

  • March 13, 2025

    Insurance Litigation Week In Review

    Progressive's $48 million settlement for underpaying New York drivers was finalized, insurers escaped covering opioid litigation and claims, Viacom and National Amusements Inc. got to continue their quests for coverage of shareholder litigation, and California state legislators discussed insurance rates after the wildfires.

  • March 12, 2025

    Mo. Court Finds Exclusion Bars Mallinckrodt Opioid Coverage

    A group of insurers have no coverage obligations under certain policies issued to drugmaker Mallinckrodt as a trust created from the company's first bankruptcy seeks to resolve underlying opioid claims with the help of insurance benefits, a Missouri state court ruled, finding a "your products" exclusion applicable.

  • March 12, 2025

    Mich. Justices Fret About Insurer Fallout In Benefits Case

    The Michigan Supreme Court on Wednesday seemed receptive to an insurance pool's argument that it does not owe coverage to a municipality for canceling a retirement benefit, asking about the potential for a major impact on the industry were it to affirm an adverse ruling.

  • March 12, 2025

    Publix Policies Don't Cover Opioid Claims, Court Says

    Insurers for Publix have no duty to defend or indemnify the supermarket chain in dozens of public nuisance lawsuits related to the opioid crisis, a Florida federal court said Wednesday, following Publix's renewed request that the court enter a final judgment so it could proceed with appeal.

  • March 12, 2025

    Chipwich Maker Blames Broker For $4.5M Recall Loss

    The maker of Chipwich ice cream sandwiches told a Connecticut state court that its broker negligently failed to secure product recall insurance, causing a preventable loss of $4.5 million to the company, after desserts were destroyed because of potential listeria contamination.

  • March 11, 2025

    Captive Insurer Shareholders Can't Target Owner, Court Told

    The majority owner of a now-defunct North Carolina captive insurer wasn't personally obligated to pay premiums for nursing homes reportedly under his control, his counsel told a state court judge in seeking to pare down a self-dealing suit lobbed by the minority shareholders.

  • March 11, 2025

    Property Co. Says Insurer Must Pay $10M For Judgment

    The insurer for builders of a luxury mixed-use development in Oakland, California, must cover more than $10 million after a judgment was entered against the entities in an underlying suit brought by a property company asserting negligence and trespass claims, according to a complaint removed to federal court Tuesday.

  • March 11, 2025

    Lyft Driver Says Up To $1M In UIM Benefits Owed Over Crash

    A Lyft Inc. driver who said he was severely injured in a head-on collision while completing a ride is accusing the ride-hailing giant and its insurer of failing to provide him up to $1 million in underinsured motorist coverage, even though he said Lyft promised such coverage to its drivers.

  • March 11, 2025

    Insurer Says AIG Unit Must Cover Water Contamination Suit

    An AIG unit can't rely on its policy's pollution exclusion to bar coverage for a Texas water utility accused of providing contaminated water to residents, the utility's other insurer told a federal court, saying the court has already rejected the application of the exclusion in a related case.

  • March 10, 2025

    Colo. Justices To Review Insurers' Noncooperation Defense

    The Colorado Supreme Court will consider whether a pair of insurance companies can defeat a man's bad-faith lawsuit by arguing his failure to turn over medical information about a surgery before his auto accident breached a contractual duty, according to an order Monday granting two petitions for review.

  • March 10, 2025

    Insurer May Be Liable For Coverage Of School Abuse Suits

    A Washington federal judge said an insurer may still be liable for covering underlying claims of physical and sexual abuse against staff at a boarding school for troubled youth on the state's Cypress Island, because one policy year unlike others was missing an endorsement requiring connection to a particular location.

  • March 10, 2025

    4th Circ. Reverses $10M Coverage Cap For Aluminum Co.

    The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.

  • March 10, 2025

    Freight Co. Says Cellphone Dealer Ignoring Discovery Bids

    A freight coordination company said it has no choice but to ask a North Carolina federal court to sanction a cellphone dealer who sued it after a truckload of devices was stolen, claiming that it hasn't received adequate discovery responses.

  • March 07, 2025

    $48M Progressive Deal With NY Drivers Gets Finalized

    A New York federal court on Friday officially signed off on a $48 million class action settlement various Progressive Insurance units reached with New York drivers to resolve their claims that Progressive underpaid their claims for totaled vehicles.

  • March 07, 2025

    Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit

    A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.

  • March 07, 2025

    Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims

    A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.

  • March 07, 2025

    False Policy Info Tanks Property Owner's Coverage Suit

    A New York federal judge ruled that an insurer doesn't have to cover a property owner and manager embroiled in a dispute with Vrbo tenants who fell through the balcony of a South Carolina condo, because the owner lied to the carrier and said it didn't offer short-term rentals.

  • March 06, 2025

    Fla. Report Draws Serious Accusations Of Insurer Misconduct

    A Florida analysis showing that carriers in the state were reporting millions in income losses while affiliated companies were earning billions is helping to reveal a long-standing pattern of insurer misconduct, according to consumer advocates.

  • March 06, 2025

    Experts Stress FAIR Tweaks After NM Proposes Fire Insurance

    The announcement of a study looking into the creation of a state-sponsored fire insurance program in New Mexico outlined steps the state is taking toward enhancing its insurance market while underscoring the need for changes to the state's Fair Access to Insurance Requirements Plan and mitigation practices, experts say.

  • March 06, 2025

    Pricey Privacy Suits Prompt Insurers To Assess Coverage

    The Sixth Circuit's ruling earlier this year that an electronic data exclusion in Home Depot's insurance policies barred coverage for a $50 million claim stemming from a 2014 data breach is the latest example of the potential cost of privacy litigation to policyholders — even those who believe they have ample coverage.

  • March 06, 2025

    Cobalt Miner Gets OK For Debt-For-Equity Swap Ch. 11 Plan

    A Texas bankruptcy judge Thursday approved the reorganization plan of Australia-based cobalt mining and refining group Jervois Mining Ltd., overruling a shareholder objection about the case's speed and U.S. ties.

Expert Analysis

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Appealing An Interlocutory Order On Insurer Duty To Defend

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    A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

  • NC COVID Ruling May Have Greater Coverage Implications

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    While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.

  • 5 Argument Techniques For Policyholder Advocates

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    Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.