General Liability

Expert Analysis

• Del. High Court Gets It Right With Opioid Nuisance Ruling

  

  In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

• Flawed NY Insurance Law Needs Amendments

  

  The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

• Justices May Hesitate To Review Calif. Fraud Coverage Case

  

  In Adir International v. Starr Indemnity, the policyholders are asking the U.S. Supreme Court to review their challenge of a California law prohibiting insurers from defending insureds in certain consumer protection claims, but the court may not be ready to decide the issue at this time, says Greg Mann at Rivkin Radler.

• Court Split On Amazon's Seller Liability Could Be Moot

  

  Courts across the country have split on Amazon's liability for products sold on its marketplace, but if more e-commerce platforms follow its lead on insurance coverage requirements for vendors, it may not matter how courts resolve the seller liability issue, says Thomas Kurland at Patterson Belknap.

• JP Morgan Ruling May Have Broad Insurance Implications

  

  The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

• Insurers Should Honor Astroworld Coverage Obligations

  

  While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

• Resolving Asbestos Suits Faster In The Pandemic And Beyond

  

  Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.

• Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling

  

  The recent Second Circuit decision in Century Surety v. Metropolitan Transit Authority — holding that, for priority of coverage determination, a contractual indemnity agreement governs over an insurance policy's terms — highlights the importance of understanding how the dynamics between commercial contracts and insurance policies may help shift liability, say Syed Ahmad and Yaniel Abreu at Hunton.

• Insurance Commissioner's Agenda: NY On Industry Diversity

  

  My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

• Insurance Considerations Amid Increased Use Of Drones

  

  The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

• Nursing Homes May See Litigation Spike After 7th Circ. Ruling

  

  The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

• 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

  

  Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

• Pa. Lawmakers Must Save Medical Liability Venue Rule

  

  The Pennsylvania Legislature should stop the state's Civil Procedural Rules Committee from rolling back a rule banning medical malpractice forum shopping, to avoid a return to rampant liability claims in high-verdict courts, sky-high insurance premiums for doctors and less public access to care, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.