General Liability
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March 08, 2024
11th Circ. Declines To Hear Building Defect Coverage Dispute
It's too early to determine whether a Florida federal court erred in its coverage determinations in a long-running construction defect insurance dispute, the Eleventh Circuit has ruled, finding that the "purported final judgment here does not dispose of all claims against all parties."
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March 07, 2024
Insurance Litigation Week In Review
The California Supreme Court heard COVID-19 coverage arguments, the Fifth Circuit ordered arbitration between a property owner and its domestic insurers, and a New Hampshire federal court said Liberty Mutual owes no defense for class action claims over a sleep machine cleaner.
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March 07, 2024
Insurer, Biz To Face Trial Over $11.8M Wrongful Death Verdict
A Florida federal judge is sending to trial a coverage dispute between a construction and landscaping company and its insurer over an $11.8 million jury verdict for the wrongful deaths of four women after finding that there are questions of fact regarding whether the insurer acted in bad faith.
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March 07, 2024
Mixed Feelings On AI At Cyberinsurance Symposium
Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring.
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March 07, 2024
Anti-Fraud Tool At Risk In 8th Circ. Billing Row, Carriers Say
Insurers' ability to enter agreements that limit billings with healthcare providers, which they contend help combat insurance fraud, is up in the air in Minnesota as the Eighth Circuit gears up to hear arguments Thursday over whether such agreements violate a state law guaranteeing prompt automobile accident insurance payouts.
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March 07, 2024
Towers Watson Insurers Off Hook For $90M Merger Coverage
Towers Watson's insurers do not need to cover settlements totaling $90 million in two shareholder suits stemming from the company's merger with Willis, a Virginia federal judge ruled, saying the transaction was barred by a so-called bump-up exclusion.
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March 07, 2024
Women In Insurance Law On Breaking Down Barriers
Building a better environment for women in the legal industry starts from the top, women in insurance law told Law360. To mark International Women's Day, both junior and senior women attorneys share their experiences in the industry and offer words of advice.
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March 06, 2024
6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row
A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.
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March 06, 2024
Fla. Judge Relieves Insurer Of $1M Construction Defect Row
An insurer has no obligation to defend or indemnify a general contractor or subcontractor in an over $1 million faulty construction dispute, a Florida federal judge ruled, finding that the subcontractor's policies contained an unambiguous "residential construction" exclusion that clearly barred coverage.
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March 06, 2024
Power Co. Can't Escape Explosion Fraud Claim
An infrastructure supply company can't toss a fraud claim brought by an industrial company's insurers in a suit seeking to recoup $18.7 million in damages for a manufacturing facility explosion, an Ohio federal court ruled, finding that the carriers can bring both a breach of contract claim and a fraud claim.
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March 05, 2024
Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says
An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.
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March 05, 2024
Calif. Justice Asks Why COVID Triggers Insurance But Not Flu
A California Supreme Court justice appeared skeptical during a hearing Tuesday that COVID-19's presence fulfills the "physical loss or damage" requirement in commercial property insurance policies under Golden State law, questioning whether COVID-19 is different from the flu with respect to property coverage and calling asbestos litigation "far afield."
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March 05, 2024
Liberty Unit Off Hook For Sleep Machine Cleaner Class Action
A Liberty Mutual unit needn't defend a manufacturer of cleaning devices for sleep machines in a multidistrict class action alleging that the company falsely advertised its products as safe and healthy, a New Hampshire federal judge ruled, finding the underlying action lacks any claim for damages covered under the policies.
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March 05, 2024
Ohio Pot Facility Explosion Sparks Suit Against Lighting Co.
An Ohio cannabis grower and its insurer accused a lighting products company of failing to warn them about the dangers of its merchandise after one of its lamps allegedly exploded in a growth facility, causing hundreds of thousands of dollars worth of damage.
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March 04, 2024
Insurer Secures Win In $3.7M Pool Damage Row
A construction company's insurer does not have to cover a $3.7 million judgment awarded to homeowners for the faulty construction of a pool, a Montana federal court ruled, finding that business risk and professional liability exclusions barred coverage under the company's general liability policy.
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March 04, 2024
No Coverage For Amazon Warehouse Collapse, 8th Circ. Rules
An insurer for an Amazon warehouse developer does not owe coverage for multiple personal injury and wrongful death suits filed in the wake of a tornado, the Eighth Circuit affirmed Monday, upholding that the warehouse was not included in a policy's "schedule of locations."
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March 01, 2024
11th Circ. Revives Alabama Life Insurance Class Action
An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.
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March 01, 2024
Clyde & Co Adds Former Hinkhouse Atty To Chicago Office
Global law firm Clyde & Co added a former Hinkhouse Williams Walsh LLP attorney as a partner in its North American insurance practice in Chicago who said she is "thrilled" to continue building client relationships in her new role.
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February 29, 2024
9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court
A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.
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February 29, 2024
State Farm Must Face Bad Faith Claims In $3M Crash Row
A Florida appeals court on Wednesday clarified a prior ruling reviving bad faith claims against State Farm for rejecting an offer to settle a car crash injury suit that led to a $3 million verdict, saying the insurer could still have acted in bad faith in handling the settlement offer even if it had no obligation to accept it.
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February 29, 2024
Insurance Litigation Week In Review
The Texas Supreme Court found that a handful of insurers may be on the hook for a $220 million bankruptcy settlement, while another state Supreme Court said it will take on underpayment claims against Geico, as insurance experts heed emerging privacy risks and prepare for more PFAS litigation. Here, Law360 takes a look at this week's top insurance news.
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February 29, 2024
Valencia Fire Renews Concerns Over Materials, Insurance
A deadly apartment fire in Valencia, Spain, is drawing renewed attention to the use of flammable materials on building exteriors, a global problem that insurance experts say implicates complicated webs of liability and a need for strong government oversight.
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February 29, 2024
Texas Justices' Unusual Remedy Presents A Win For Insurers
The Texas Supreme Court handed several carriers a victory in its ruling that a $220 million settlement between now-bankrupt Cobalt International Energy Inc. and its investors is not binding on the energy company's insurers to establish coverage, a decision notable for the unusual relief granted by the state justices, experts say.
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February 29, 2024
New AI Risks Pressure Policyholders To Fill Coverage Gaps
Growing scrutiny from the public and regulators in the U.S. over artificial intelligence use and rising threats of AI-enabled schemes are sending insurance experts scrambling to evaluate their coverage options in a rapidly changing risk environment.
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February 29, 2024
SVB Parent's Counsel Booted From Fraud Coverage Row
The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.
Expert Analysis
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Insurance Language Lesson From An Opioid Ruling
A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.
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3 Risk Management Lessons From Pandemic Insurance Wars
As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.
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Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage
The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.
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NY Badly Needs Bad Faith Bill To Hold Insurers Accountable
Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.
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When Your 9th Circ. Case Needs California High Court Input
With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.
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Cos. Should Review Insurance Policies For PFAS Coverage
The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.
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Insurance Ruling Clarifies Excess Coverage For Opioid Suits
A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.
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Indoor Air Pollution Fix Will Require New Laws, New Tech
The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.
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Cannabis Legalization's Effects On Insurance Industry
Excerpt from Practical Guidance
Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.
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Biden Admin.'s Climate Strategy Should Include Insurance Innovations
To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.
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Where Health Care Enforcement Is Headed Under Biden
Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.
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Key Considerations For Litigation Settlement Trustees
Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.
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3 Key Environmental Takeaways From Biden's First 30 Days
President Joe Biden has heavily prioritized environmental policy during his first month in office, with three key themes emerging that will immediately change enforcement practices and affect regulated industries, say attorneys at Gibson Dunn.