General Liability

  • February 15, 2024

    Damaged Champagne Cargo Row Can Proceed, Judge Says

    A New Jersey federal judge preserved the majority of a $930,000 coverage dispute over a damaged champagne shipment Thursday, denying a logistics company's bid for dismissal while giving an insurer the opportunity to put forth an alternate pleading.

  • February 15, 2024

    Second Carrier Seeks To Toss Four Seasons Coverage Row

    A subcontractor's insurer joined another carrier in urging a New York federal court to dismiss a general contractor's lawsuit seeking coverage in a $1 million underlying action over damage to a Four Seasons hotel in midtown Manhattan, arguing that the faulty workmanship claims don't constitute an occurrence under its policy.

  • February 15, 2024

    Oil Trader Says Cargo Storage Expenses Are Covered

    An oil and gas trader slammed Liberty Mutual's attempt at an early win in a $2.4 million coverage dispute over losses related to a contaminated oil shipment, telling a New York federal court Thursday it is entitled to recover both barge storage expenses and attorney fees.

  • February 15, 2024

    Zurich Owes $554K Over Faulty Construction Work, Erie Says

    Erie Insurance Co. told a D.C. federal court Thursday that a Zurich unit wrongly denied coverage to Erie-insured subcontractors for over $554,000 in damage stemming from faulty work at a government agency renovation project, arguing Zurich has cited the wrong coverage form to deny liability.

  • February 15, 2024

    Insurer Says Repair Co. Owes $650K For Ferry Engine Failure

    A vessel repair company must pay over $657,000 for costs stemming from the failure of a ferry engine during routine maintenance, the insurer for a Boston ferry operator told a Massachusetts federal court Thursday, saying the company's negligence caused the mishap.

  • February 14, 2024

    9th Circ. Skeptical Of Basis For LA's Pollution Coverage Args

    The Ninth Circuit appeared reluctant Wednesday to revive the City of Los Angeles' bid for environmental contamination coverage from a defunct boat repair company's insurers, probing the city's counsel on whether his arguments for coverage were at odds with the underlying factual record.

  • February 14, 2024

    University Not Covered In Baseball Injury Row, Insurer Says

    An insurer told an Illinois federal court Wednesday that Northwestern University is not owed coverage for an underlying lawsuit brought by a man injured during a baseball tournament held at the university, maintaining that Northwestern is not an additional insured under the policy issued to the tournament's operator.

  • February 14, 2024

    Progressive Unit Seeks Win Against Uber, Widower Of Driver

    A Progressive unit asked a North Carolina federal court Wednesday to grant it a win in its attempt to get out of providing coverage for an UberEats driver who was killed in a car crash, asserting that its policy for Uber doesn't cover injuries caused by uninsured or underinsured motorists.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 14, 2024

    Hospitality Cos. Seek To Sink Trafficking Survivor's Suit

    Choice Hotels International Inc., Wyndham Hotels & Resorts Inc. and other hotel companies are urging an Ohio federal judge to end a suit from a sex trafficking survivor alleging they allowed crimes against her to continue, with Choice Hotels eyeing dismissal and the other defendants seeking early wins.

  • February 14, 2024

    $600K In Dairy Queen Fire Damages Not Covered, Court Told

    A Dairy Queen franchisee is attempting to overstep boundaries by asking for more coverage than the policy provides, its insurer told a Texas federal court, saying the restaurant's claim stems from the business's personal property damage from a fire at a leased location.

  • February 14, 2024

    Homebuilder, Insurer Settle Coverage Suit Over Fatal Fire

    A builder accused of causing the deaths of two people by failing to install working smoke detectors in a home it constructed has settled its dispute with an insurer over $1 million in coverage for underlying litigation related to the deaths in California federal court.

  • February 13, 2024

    Insurer Can't Toss Claims As Sanctions In Hotel Fire Suit

    A Colorado federal judge has rejected an insurer's request to toss a construction contractor's counterclaims as sanctions for discovery failures in a dispute over a $3 million hotel fire, with the judge finding no problems with a magistrate judge's decision to instead award attorney fees and costs.

  • February 13, 2024

    Kidde-Fenwal Row Not For Bankruptcy Court, Insurers Say

    A group of insurers have asked that a Delaware federal court, rather than a bankruptcy court, handle their dispute with Kidde-Fenwal Inc. over whether they owe a defense in thousands of suits the fire-suppression company is facing over so-called forever chemicals.

  • February 13, 2024

    $3.3M Loss Of Stolen Nokia Phones Not Covered, Insurer Says

    An insurer told a Florida federal court Tuesday it doesn't owe coverage to a trucking company for an underlying lawsuit seeking over $3.3 million for a shipment of Nokia cellphones stolen during transport, arguing that the phones weren't in the company's custody at the time of the loss.

  • February 13, 2024

    Insurer Must Face Bad Faith Claim In Premium Refund Suit

    A Liberty Mutual unit can't escape a proposed class action's remaining claim that the insurer acted in bad faith by failing to adequately adjust auto insurance premiums collected during the COVID-19 pandemic, a California federal court ruled.

  • February 13, 2024

    Dallas Venue Not Covered For Shooting Death, Insurer Says

    The property owner of a Dallas event space is not owed defense or indemnity for an underlying wrongful death lawsuit, an insurer told a Texas federal court, arguing that negligent inaction by the property owner triggers two exclusions barring coverage.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

  • February 12, 2024

    Trailer Owner Covered Under Driver's Policy, 9th Circ. Affirms

    A Berkshire Hathaway unit must cover a trucking company that was sued over a fatal car accident involving one of its trailers, the Ninth Circuit found Monday, affirming a California federal court's finding and saying the company qualifies as an insured under the policy without exception.

  • February 12, 2024

    Ex-McCarter & English Client Can Pursue $20M Loan Claims

    A Connecticut state court judge has denied a bid by McCarter & English LLP and a former partner for an early win in an insurance company's multimillion-dollar malpractice suit, ruling that the continuing representation doctrine allowed the plaintiff to toll the statute of limitations and continue to press its case.

  • February 12, 2024

    NM Dry Cleaner Says Policy Covers Chemical Cleanup Costs

    The property owner of a New Mexico dry cleaner told a federal court Monday that State Farm has refused to defend it against an investigation and demand for remediation from the state's environmental protection agency after the discovery of chlorinated solvent contamination in its property's soil.

  • February 12, 2024

    Three-State Test Critical To Evaluating Carrier Climate Risk

    An analysis finding that insurers' investment portfolios are at risk of losing billions of dollars under delayed climate-transition plans is an important step to fully understanding how well carriers' business activities are aligned with climate goals, experts say.

  • February 12, 2024

    Tree Removal Mixup Merits Coverage, Homebuilder Tells Court

    A homebuilder's insurer must defend it in litigation over the accidental removal of 66 trees in an adjacent lot, the homebuilder told a Texas federal court, arguing the tree removal was accidental and thus an occurrence under its commercial general liability policy.

  • February 12, 2024

    Travelers Says No Coverage For $1.8M Pollution Cleanup

    A Travelers unit said it has no duty to reimburse an oil and gas company over $1.8 million for costs it incurred cleaning up 1,600 barrels of spilled brine water, telling a Pennsylvania federal court the company failed to meet its policies' reporting requirements.

  • February 09, 2024

    No Coverage In Home Remodel Row, Insurer Says

    State National Insurance Co. should have no duty to defend or indemnify a general contractor accused of submitting fraudulent invoices for a home remodel, the insurer told a California federal court, arguing that two faulty work exclusions are applicable.

Expert Analysis

  • Peephole Cam Case Lowers The Bar On NY Negligence Claims

    Author Photo

    A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

    Author Photo

    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • A Look At Florida's Aggressively Pro-Insurer Tort Reform

    Author Photo

    Florida's new tort reform law is an unwarranted gift to insurance companies that seeks to strip policyholders of key rights while doing little to curb excessive litigation, say Garrett Nemeroff and Hugh Lumpkin at Reed Smith.

  • Navigating High Court's Options In Insurer Choice Of Law

    Author Photo

    Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.

  • 7th Circ. Adds To Range Of Opinions On MCS-90 Endorsement

    Author Photo

    The Seventh Circuit's recent opinion in Prime Insurance Company v. Wright helps illustrate how the variation among courts as to when the federally mandated MCS-90 insurance endorsement for motor carriers is satisfied often hinges on exactly how "interstate commerce" is defined, says Rick Boepple at Akerman.

  • NY Rulings Show Shift In Insurance Priority Approach

    Author Photo

    Some recent New York state decisions considering coverage priority of primary and excess insurance policies and contractual indemnity claims run against clear policy language, which should trump extrinsic evidence of intent, says Dan Kohane at Hurwitz Fine.

  • Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

    Author Photo

    With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.

  • Pollutant Insurance Case Holds Clues For Ohio Train Litigation

    Author Photo

    A recent Rhode Island Supreme Court decision in Regan Heating v. Arbella could mean that the wide-reaching impacts of the February train derailment in East Palestine, Ohio, will trigger the enforcement of any total pollution exclusion contained in Norfolk Southern's commercial general liability policy, says Kayla O’Connor at Saxe Doernberger.

  • Establishing A Record Of Good Faith In Mediation

    Author Photo

    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

    Author Photo

    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.

  • Fla. Bill Would Rein In Personal Injury Litigation Excesses

    Author Photo

    A recently proposed bill in the Florida House that would change bad-faith laws and the admissibility of medical bills for services performed under a letter of protection would provide reasonable checks on practices that are far too common in personal injury cases in the Sunshine State, say attorneys at Baker Donelson.

  • Takeaways From Tree-Clearing Co.'s 11th Circ. Insurance Win

    Author Photo

    The Eleventh Circuit's recent decision in Frankenmuth Mutual v. Brown's Clearing, interpreting the extent of knowledge required to trigger an insured's notice obligations under a commercial general liability policy, is both a welcome sign and a cautionary tale for corporate policyholders, say Garrett Nemeroff and Christopher Kuleba at Reed Smith.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

    Author Photo

    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.