General Liability

  • November 28, 2023

    Court Dismisses Insurer's Suit Over FreeFall Rider's Death

    An insurance company that wanted to avoid defending a company that inspected and certified an amusement park drop tower ride that fatally ejected a 14-year-old boy failed to prove that it had served the defendants with notice of its suit, putting an early end to its case, a Florida federal judge decided Tuesday.

  • November 28, 2023

    NY Parishes Protected While Ch. 11 Mediation Proceeds

    A New York bankruptcy judge vowed Tuesday to preserve legal protections for the nondebtor parishes of the bankrupt Diocese of Buffalo, New York, saying sexual abuse claimants would be barred from pursuing legal action against them while mediation continues this week.

  • November 28, 2023

    NY Construction Co. Owes $4.3M In Premiums, Insurer Says

    An insurer is seeking a New York federal court's assistance in retrieving nearly $4.3 million in unpaid premiums after it audited one of its policyholder's financial records and found the company had earned more money than expected in 2019.

  • November 28, 2023

    4th Circ. Upholds Insurer's Win In Landlord's Coverage Row

    The Fourth Circuit affirmed a lower court's ruling in favor of an insurer accused of wrongfully denying coverage for an underlying class action by a North Carolina real estate firm, finding Tuesday that the decision had "no reversible error."

  • November 28, 2023

    Car Crash Coverage Barred By Auto Exclusion, Insurer Says

    A construction company's insurer asked the Fourth Circuit Tuesday to reverse an order awarding a North Carolina woman a $2 million insurance payout, plus interest, over a car crash with a construction truck, saying a policy's automobile exclusion bars coverage for the woman's negligent entrustment claim.

  • November 28, 2023

    Developer Tells 9th Circ. To Reverse Insurer's Fire Loss Win

    A laundromat developer urged the Ninth Circuit to overturn an insurer's coverage win over business losses following a fire, saying a district court was wrong in finding that the developer's evidence was too speculative to support its claim.

  • November 28, 2023

    Minn. Townhome Group Seeks $2M For Storm Damage

    A townhome association is seeking over $2 million in actual and replacement costs from its insurer because of a 2022 storm, maintaining that the insurer has provided less than half the amount awarded in arbitration, according to a lawsuit removed to Minnesota federal court.

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 27, 2023

    Insurer Seeks $17.4M For Failed La. Dredging Projects

    An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.

  • November 27, 2023

    Hanover Drops BIPA Coverage Spat With Plastics Co.

    The Hanover Insurance Co. on Monday voluntarily dropped its Arkansas federal court lawsuit seeking to escape paying for a plastics company's defense and indemnity in a biometric data collection class action, claiming its insured is no longer seeking coverage.

  • November 27, 2023

    Outdoor Services Co. Escapes Herbicide Coverage Suit

    A Minnesota federal judge tossed a lawsuit Monday from American Family Mutual Insurance Co. against an outdoor services company seeking to avoid coverage of claims that it misapplied herbicide on clients' lawns, finding the insurer failed to properly argue the court retained diversity jurisdiction.

  • November 27, 2023

    Bankruptcy Court OKs Camden Diocese $4.6M Insurance Loan

    A New Jersey bankruptcy court on Monday gave its blessing to a $4.6 million financing agreement that will allow the Roman Catholic Diocese of Camden, New Jersey, to renew insurance policies as it continues its Chapter 11 bankruptcy.

  • November 27, 2023

    Judge Stands On Ruling To Toss Insurer's Claim Against Atty

    A South Dakota court will not reconsider its decision to trim an insurer's breach of fiduciary duty claim against a law firm on the grounds that the insurer failed to provide expert testimony as required by state law, a federal judge ruled.

  • November 22, 2023

    What Insurance Pros Are Grateful For This Thanksgiving

    Insurance professionals are thankful this holiday season for the U.S. Supreme Court's interest in insurance issues, a Hawaii Supreme Court ruling on recoveries for defense costs, and the opportunity to make career changes. Here, Law360 looks at what insurance attorneys are grateful for this Thanksgiving.

  • November 22, 2023

    Target Settles Trademark Damages Suit With Insurer

    Target has settled its lawsuit against its insurer over coverage of a trademark infringement suit with fashion company Universal Standard Inc., a Minnesota federal court was notified.

  • November 22, 2023

    Albany Diocese To Mediate Ch. 11 Abuse Claim Liability

    Saying that reaching a settlement should be the focus of the Roman Catholic Diocese of Albany's Chapter 11 case, a New York bankruptcy judge on Wednesday referred core case issues about the extent of abuse liability and insurance coverage to mediation.

  • November 22, 2023

    La. School Says Insurers Permitted To Recover Fire Costs

    A Louisiana high school told a federal judge its insurers can pursue recovery of $2.8 million in property damages from a fire the insurers said was caused by a flooring company's failure to properly discard chemical-stained towels, disputing the company's argument that the insurers improperly filed suit.

  • November 22, 2023

    Reinsurer Again Seeks To Exit Metal Co.'s Cleanup Cost Suit

    An AIG unit's reinsurer urged a Kentucky federal court to toss all claims by an alloy producer over coverage for cleanup costs incurred at a site near the Tennessee River, arguing it only has liabilities to the AIG unit, which "remains ultimately responsible for all obligations under the policy."

  • November 21, 2023

    Zurich Says $13.8M Theft Coverage Row Belongs In Ga. Court

    Zurich American Insurance Co. asked to move a Georgia property owner's lawsuit over coverage of an alleged $13.8 million theft to Georgia court, arguing that the suit was improperly filed in a Texas federal court.

  • November 21, 2023

    Policy Is Void Because Climbing Co. Hid Recalls, Insurer Says

    An excess insurer told a Colorado federal court Monday that it does not owe $4 million in excess coverage to a climbing equipment manufacturer and its primary insurer, claiming it voided the company's policy over material misrepresentations in its insurance application.

  • November 21, 2023

    Aviation Repair Co. Seeks Coverage For Totaled $950K Plane

    An airplane repair company asked its insurer to pay for a $950,000 plane that it says was accidentally destroyed during the functional testing of a fuel tank fix, in a case removed from Florida state court to federal court Tuesday.

  • November 21, 2023

    Kan. Motel 6's Sex Trafficking Suit Isn't Covered, Insurer Says

    An insurer took a Kansas Motel 6 franchisee to federal court, claiming it has no obligation to cover the franchisee's defense in a lawsuit alleging it allowed sex traffickers to freely operate on its property.

  • November 21, 2023

    Firm's Primary Insurer Must Repay Excess Costs, Carrier Says

    A law firm's primary policy was not exhausted by payments its insurer made to mitigate its extracontractual liability in a legal malpractice suit, the firm's excess carrier told a California federal court, saying it is owed reimbursement for all amounts paid related to the underlying action.

  • November 21, 2023

    Insurer Seeks Over $365K In Neb. Construction Bonds Default

    An insurer who issued bonds for a dredging company responsible for a delayed Omaha marina project told a Nebraska federal court that the company's assets should be seized as collateral to reimburse over $365,000 in costs for project failures.

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 Law

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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

    Excerpt from Practical Guidance
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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 Law 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.