General Liability

  • May 10, 2024

    Ariz. Judge Allows Insurer To Target DOT For Canadian Arb.

    An Arizona federal judge has issued an apparently novel ruling granting a Canadian government-backed insurer's request to subpoena the state's Department of Transportation for use in an arbitration stemming from a hit-and-run accident that took place in Scottsdale, Arizona, in 2016.

  • May 10, 2024

    Insurers Don't Owe Chiquita Coverage In Terrorism Settlement

    An Ohio state appeals court ruled Friday that Chiquita Brands International Inc. is not owed coverage by a group of insurers for a settlement with families of six Americans killed by a terrorist group Chiquita had paid for protection, saying any errors the trial court made were harmless because it came to the correct conclusion.

  • May 10, 2024

    4th Circ. Tosses Driver's Allstate UIM Appeal As Untimely

    The Fourth Circuit dismissed a South Carolina woman's appeal seeking underinsured motorist coverage from Allstate for injuries she suffered in a car accident, finding Friday that the appellate court lacked jurisdiction over the issue because outstanding, competing claims in the action remained.

  • May 10, 2024

    Medical Device Co., Insurers Settle Equipment Damage Loss

    A medical device manufacturer and its insurers have settled their coverage dispute over the manufacturer's claim it suffered an "equipment breakdown loss" damaging its mills, lathes and vacuum pump, the insurers told a Florida federal court.

  • May 09, 2024

    10th Circ. Appeal May Expand Pollution Coverage In NM

    The Tenth Circuit will hear oral arguments May 20 to determine whether absolute pollution exclusions doom a New Mexico property owner's quest for $120,000 in defense coverage in a case attorneys say could determine the future of such environmental coverage in the state.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    Syracuse Diocese Creditors Urge Contempt On Insurer Leaks

    Unsecured creditors of the bankrupt Roman Catholic Diocese of Syracuse have asked a New York judge to hold insurers Interstate and an affiliate of Allianz in contempt for sharing confidential sex abuse survivors' claim information with third parties and failing to inform the debtor or the court.

  • May 09, 2024

    Md. Insurance Chief On Keeping Up With AI Regulation

    The insurance industry is exploring artificial intelligence technology use in its business as regulators like Maryland Insurance Commissioner Kathleen Birrane work to keep up and protect consumers from the risks of the evolving technology. Here, Law360 checks in with Birrane on the subject.

  • May 09, 2024

    DEA Cannabis Proposal Likely To Keep Insurers Sidelined

    Federal drug enforcers' recent proposal to remove cannabis' designation as a high-risk drug with no accepted medical use could portend insurance benefits, but experts say uncertainties over the drug's mixed legal status will keep insurers sidelined for now.

  • May 09, 2024

    Insurer Still Can't Escape Explosion Coverage Row

    An insurer cannot yet avoid defending gas companies in personal injury litigation after a subcontractor caused an explosion injuring three people, an Indiana federal court has ruled, reiterating a previous finding that the subcontractor's ultimate release from liability following a settlement has no bearing on the gas companies' additional insured status.

  • May 09, 2024

    Insurance Litigation Week In Review

    Michigan's top court mulled the effect of new liability coverage mandates on older auto policies, a group of insurers escaped arbitration in an airport terminal defect dispute, and South Carolina drivers were granted class certification in a suit over Progressive's total loss vehicle valuation methods.

  • May 09, 2024

    A Mother's Fight To Secure Insurance Benefits For Autism

    After Lorri Unumb's son was diagnosed with autism, she spent over a decade drafting and securing legislative mandates for autism insurance benefits across the country. With Mother's Day on May 12, Law360 spoke with Unumb about how for her, motherhood included a calling to advocate for autism therapy coverage.

  • May 08, 2024

    Chevron's $52M Iran Oil Seizure Loss Not Covered, Court Told

    Three insurers have told a California federal court they owe no coverage to Chevron under separate marine cargo and war risks policies after the oil giant said the Iranian military seized a vessel carrying nearly $52 million worth of Chevron's crude oil in retaliation for U.S. economic sanctions.

  • May 08, 2024

    No Reimbursement For $5.5M Crash Settlement, Insurer Says

    A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.

  • May 07, 2024

    Insurer Cites Discovery Law In Info Bid For Accident Claim

    A Canadian government-backed insurer is urging an Arizona court to force the state's Department of Transportation to provide documents or testimony in an arbitration stemming from an ex-professional soccer player's claim for damages after he was injured in a hit-and-run accident in Scottsdale in 2016.

  • May 07, 2024

    Insurer Seeks Hearing Cancellation In Arbitrator Bias Dispute

    An insurer seeking the removal of an arbitrator in a Bermuda reinsurance coverage dispute told the Second Circuit on Tuesday that a hearing on the issue should be canceled as an award was issued in the arbitration, rendering the dispute moot.

  • May 06, 2024

    Meet The Attys For NC Insurance Mogul Facing Bribery Retrial

    Nearly two years after the Fourth Circuit exonerated Greg E. Lindberg on bribery and wire fraud charges, a team of Katten Muchin Rosenman LLP partners with prosecution experience has joined forces with prominent white collar defense lawyer James F. Wyatt lll in hopes of staving off a second conviction for the embattled insurance tycoon.

  • May 06, 2024

    AIG Unit Will Arbitrate $20M Botched Tunnel Project Claims

    An AIG unit agreed to go to arbitration with a Michigan county's water resources agency and sewage disposal system over their claims they incurred more than $20 million in damages due to a design contractor's faulty work on a tunnel project.

  • May 03, 2024

    Mich. Justices Reject Agency's 'Secret' Meeting Settlement

    The Michigan Supreme Court said Friday that a county road commission's settlement with three of its insurers over a coverage dispute was not binding because the commission — a public body — never voted to approve it in a public meeting.

  • May 03, 2024

    How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

    Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal. 

  • May 03, 2024

    Colo. Justices' Med Mal Cap Ruling A Win For Patients

    The Colorado Supreme Court's recent decision prohibiting trial courts from considering an injured patient's insurance liabilities before imposing the state's $1 million medical malpractice damages cap was the right call, experts say, and prevents an unfair windfall for negligent health care providers.

  • May 02, 2024

    Farmers Face Uphill Fight In 5th Circ. Silo Coverage Row

    A Texas farming cooperative faces an uphill battle in persuading the Fifth Circuit to undo a ruling that denied it coverage for a $1.3 million arbitration award for construction defects in their grain silos, experts told Law360.

  • May 02, 2024

    Insurers Are Covering Litigation Funders. Will It Catch On?

    Insurers have started to cover losses from a third-party litigation funder's portfolio of plaintiff-side investments, experts tell Law360, calling into question the insurance industry's broader position that third-party litigation finance hikes carriers' litigation costs, thus requiring them to raise premiums for consumers.

  • May 02, 2024

    Coral Bleaching Highlights Value Of Reef Insurance

    An ongoing bleaching event expected to weaken coral reefs worldwide should emphasize the importance of novel insurance products in helping to restore critical marine life following major storms, climate and insurance experts say.

  • May 02, 2024

    Insurance Litigation Week In Review

    A treasure hunter got no coverage for his thwarted quest, LexisNexis was sued again for spying on drivers, a fatal drag race had its win reversed, a Chicago general contractor split the Seventh Circuit, and the Fifth Circuit wondered if a healthcare company's mistake was a claim. Here, Law360 takes a look at this week's top insurance news.

Expert Analysis

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

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    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • The Legal Issues Flying Around The Evolving Drone Market

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    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • Consider Self-Help To Trigger Additional-Insured Status

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    A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.

  • Why 7th Circ.'s BIPA Insurance Analysis Is Significant

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    The Seventh Circuit's ruling in Citizens v. Wynndalco is the first appellate opinion on one of the three major exclusions raised by insurers faced with a duty to defend alleged violations of the Biometric Information Privacy Act and could foreshadow future BIPA opinions favoring policyholders, say John Vishneski and Adrienne Kitchen at Reed Smith.

  • What 6th Circ. Ruling May Portend For PFAS Coverage Cases

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    The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.

  • Insurance Considerations For State Biometric Privacy Claims

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    As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

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    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • 4 Emerging Risks For US Insurance Markets

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    Both insureds and insurers in the U.S. must be aware of significant inbound exposures — including the issues arising from opioids, climate change and artificial intelligence — that could lead to continued volatility in insurance markets, say Aidan McCormack and Wes Reichart at DLA Piper.

  • How Mich. Bill Could Reshape State's Insurance Landscape

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    A recently introduced Michigan Senate bill would bar insurers from delaying, denying or failing to pay a claim unless there is a reasonable basis found in the policy, but its requirement calling for written standards for claims adjusting could create liability issues for large insurers, says Emily Coyle at Plunkett Cooney.