General Liability

  • February 21, 2024

    Uber Says Insurers Failed To Cover Dozens Of Injury Suits

    Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.

  • February 21, 2024

    No Property Coverage For Maui Wildfire, Insurer Says

    A condominium association and its property manager have no coverage for property damage claims stemming from the 2023 Maui wildfires, their insurer told a Hawaii federal court, arguing that a property damage exclusion in their errors and omissions policy wholly bars coverage.

  • February 20, 2024

    Casinos Say 'Unique' Policy Should Cover $130M COVID Loss

    A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.

  • February 20, 2024

    Policyholder Attys Say Firm's Mailer Row Merits Coverage

    The North Carolina Supreme Court will hear arguments Wednesday over whether a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims is entitled to coverage under an excess policy, as policyholder attorneys anticipate a win for the firm. Here, Law360 breaks down the case in advance of the hearing.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

  • 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.

Expert Analysis

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Coverage Ruling Confirms Policy Ambiguities Favor Insureds

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    A recent Georgia federal court decision, Penn-America Insurance v. VE Shadowood, finding for the insured on a policy containing conflicting endorsements, underscores that coverage cannot be defeated by contradictory terms when policies include coverage extensions, say Shaun Crosner and Tae Andrews at Pasich.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • What NJ Insurance Disclosure Law Could Mean For Litigation

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    Thomas Wester and Christian Cavallo at Goldberg Segalla discuss the potential presuit negotiation and litigation implications of a recently enacted New Jersey law requiring automobile insurers to disclose policy limits before the start of a lawsuit, aimed at promoting claim settlement.

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

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    The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • A Road Map To Insurance For PFAS Claims And Suits

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    In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Readying Companies For PFAS Regulation And Liability

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    Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.

  • Contra Proferentem Will Remain Alive And Well In NY

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    Although a recent Law360 guest article argues that a New York state court's decision in Brooklyn Union Gas v. Century Indemnity creates a blanket exception to the principle that contractual ambiguities are construed against the drafter, leading appellate decisions suggest that the exception would only be applied under narrow circumstances, say attorneys at Pillsbury.