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General Liability

  • February 13, 2025

    PFAS Claims Expose Insurance Industry To 'Next Asbestos'

    With thousands of lawsuits pending nationwide over what plaintiffs and regulators allege are the harms caused by PFAS exposure and regulators pushing to limit the production and use of the chemicals, policyholders are bracing for both increased liabilities and uncertain scopes of insurance coverage.

  • February 13, 2025

    Insurers Say Adjuster Must Cover $66M Suit Over Boat Death

    Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.

  • February 12, 2025

    Insurer Needn't Pay For Leaky Window Arbitration Award

    An insurer doesn't need to pay for an arbitration award entered against its policyholder and in favor of a Kansas county board of commissioners in a defective window installation dispute, a federal court ruled, saying the commercial general liability policy at issue doesn't cover the policyholder's breach of contract.

  • February 11, 2025

    Calif.'s Insurance Safety Net Gets $1B Infusion For Fire Claims

    California Insurance Commissioner Ricardo Lara has signed off on $1 billion in additional funding for California's FAIR Plan, the state's insurer of last resort, to ensure the plan can keep paying consumer claims to survivors of the Southern California wildfires, according to an order issued Tuesday.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    Insurer Says $641M Deal Over Tainted Flint Water Not Covered

    An insurer told a Michigan federal court Tuesday that it shouldn't have to pay any part of a $641 million settlement reached by a Flint, Michigan, medical center on behalf of patients who supposedly suffered from legionella and lead exposure because of unclean drinking water in the facility.

  • February 11, 2025

    Insurer May Need To Pay Landlord Row Atty Fees, Panel Says

    A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.

  • February 10, 2025

    Calif. Ruling Holds Wildfire Debris Not A Coverable Loss

    Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.

  • February 10, 2025

    Co. Not Covered For Background Check Suit, Insurer Says

    An insurer told an Illinois federal court on Monday that a company isn't covered for an underlying lawsuit alleging that it mishandled a job applicant's background check, citing multiple policy exclusions.

  • February 10, 2025

    Trenton Diocese Sues Insurers Over Abuse Suit Coverage

    The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.

  • February 10, 2025

    Insurer Says No Coverage Owed For Toxic Hair Product Suit

    The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.

  • February 07, 2025

    5th Circ. Upholds High School's Win In Gym Fire Suit

    The Fifth Circuit on Thursday upheld a Louisiana high school's win in its suit claiming that a flooring company caused a gym fire, holding that the high school has a right of action for property damage to the gymnasium.

  • February 07, 2025

    Excess Insurer Says $50M Bad Wine Claims Not Covered

    An excess insurer told a Washington federal court that it should not have to contribute to a settlement after an underlying lawsuit asserted more than $50 million in claims against a vineyard for allegedly damaging over 300,000 cases of wine, because there was no coverage.

  • February 07, 2025

    Insurers Say Meta MDL Row Should Be In Del. State Court

    Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.

  • February 07, 2025

    Plaintiffs Âé¶¹´«Ã½yers Swarm Los Angeles Post-Fires

    A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.

  • February 06, 2025

    SC Justices To Weigh Jurisdictional Limits In Asbestos Cases

    The South Carolina Supreme Court will consider Tuesday whether its first female justice and former chief, who now oversees the state's asbestos cases, can continue to exercise jurisdiction over companies not incorporated in the state or haven't directly done business there, and nevertheless appoint a receiver over their insurance assets.

  • February 06, 2025

    Pillsbury Adds Insurance Partner From Morgan Lewis

    Pillsbury Winthrop Shaw Pittman LLP has announced the addition of an insurance recovery expert from Morgan Lewis as a partner in its Washington, D.C., office to advise and represent insurance policyholders.

  • February 06, 2025

    Insurance Litigation Week In Review

    The Delaware Supreme Court agreed that a jury's fraud verdict against an ex-Xerox unit was improper and also limited a pharmaceutical company's recovery for a securities suit, while the Sixth Circuit refused to review Home Depot's data breach coverage loss. Here, Âé¶¹´«Ã½360 takes a look at the past week's top insurance news.

  • February 06, 2025

    Insurance Expert Tackles Super Bowl Coverage Risks

    The Kansas City Chiefs and Philadelphia Eagles earned their way to the Super Bowl only last week, but the NFL, host city New Orleans, the stadium and others have spent years planning and securing the necessary insurance coverage to ensure the biggest sporting event of the year is properly protected. Here, insurance industry veteran Lori Shaw spoke with Âé¶¹´«Ã½360 about insuring one of the world's most-watched sporting events.

  • February 05, 2025

    6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit

    The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.

  • February 05, 2025

    Calif. Panel Revives Malpractice Suit Against Insurer Attys

    A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.

  • February 04, 2025

    Meta Attacks Insurers' Bid To Remand Social Media MDL Row

    Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.

  • February 03, 2025

    Climate Group Says Insurance Hikes Threaten Housing Market

    The U.S. housing market could sustain a $1.4 trillion loss in value over the next 30 years as insurance costs surge and consumer demand shifts due to climate change, according to a report Monday from climate analytics company First Street.

  • February 03, 2025

    NC Justices Urged To Reject Appeal Over Rate Hike Approvals

    North Carolina's insurance commissioner urged the state's highest court to reject a policyholder's appeal challenging a series of insurer rate hike approvals in court, saying an appeals panel correctly found that the policyholder failed to support his claims that intervening in the preceding approval process was impossible.

  • January 31, 2025

    Insurer Says $30M Suit Over Child's Murder Not Covered

    An insurer told a Tennessee federal court Friday that due to an assault and battery exclusion, a property management company had no coverage for an underlying $30 million wrongful death suit brought after a boy was fatally shot at one of the company's facilities.

Expert Analysis

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • How Ill. Supreme Court Could Shape Statutory Violation Cases

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    In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.

  • 3 Quirks Of New Jersey Insurance Coverage Âé¶¹´«Ã½

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    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • Conn. Insurers Should Note Stricter Market Exit Oversight

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    The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.

  • Extreme Weather And Renewable Project Insurance Coverage

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    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • Potential Relief For Nevada Insureds Is On The Horizon

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    A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.

  • Suits Likely Over Nevada Âé¶¹´«Ã½ Limiting Claimant Injury Exams

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    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Mass. Ruling Shows Value Of Additional Insured Specifics

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    A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

  • Insurance Cos. Are Stretching Construction Standard Limits

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    In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.