General Liability

  • April 11, 2024

    Insurance Litigation Week In Review

    Louisiana's top court was asked to examine the enforceability of certain insurance contracts' arbitration clauses, the Sixth Circuit ordered a company to pay back some of the defense bill its insurer footed, the Pennsylvania Supreme Court heard COVID-19 coverage arguments and the Ninth Circuit rejected such arguments under Washington law.

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    11th Circ. To Weigh If Wood Theft Is 'Intentional'

    The Eleventh Circuit will review, on April 16, a Georgia federal ruling forcing an insurer to cover a $557,000 settlement for shoddy workmanship and wood theft during a deconstruction project by its policyholder, and the outcome could hinge on what constitutes an accident and which state law applies. Here, Law360 breaks down the case in advance of oral arguments.

  • April 11, 2024

    Insurer Drops Suit After Evidence Clears Stihl In Fire Case

    Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.

  • April 11, 2024

    Syracuse Diocese Told Its Ch. 11 Plan Needs More Work

    A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.

  • April 11, 2024

    11th Circ. Says Insurer Owes Defense In Home Damage Suit

    A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

  • April 10, 2024

    DOJ Hits Regeneron With False Claims Act Suit Over Eylea

    The federal government has brought a False Claims Act intervenor complaint in Massachusetts against Regeneron, alleging the pharmaceutical giant fraudulently withheld information from its Medicare reports seeking reimbursement for its drug Eylea, the U.S. Department of Justice announced Wednesday. 

  • April 10, 2024

    Deported Man Can't Undo Fraud Conviction After Feds' Error

    A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.

  • April 10, 2024

    Ex-Trump Finance Chief Weisselberg Jailed For Perjury

    A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.

  • April 09, 2024

    4th Circ. Tosses Duty To Defend Case Over Oil Co.'s Objection

    The Fourth Circuit said Tuesday that a West Virginia oil and gas company lacked standing to continue an appeal that was originally brought by a green grower, which had sought coverage from its insurer for an underlying $4 million land use dispute with the extractor.

  • April 09, 2024

    Insurance Firm Will Pay $4M To End Calif. Wage Class Action

    A California federal judge gave the green light to a $4 million class action settlement resolving allegations that an insurance and risk management company didn't closely track workers' hours, which resulted in underpayment for over 2,100 workers. 

  • April 09, 2024

    Trump Opposes NY Monitor Probe After Exec's Perjury

    Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.

  • April 09, 2024

    Man Accused Of Vet Contractor Scheme Found In Contempt

    A defendant in a long-running False Claims Act suit was found in contempt but dodged penalties in D.C. federal court on Tuesday as a trial over an alleged scheme to falsely procure government construction contracts meant for disabled veterans is set to begin next month.

  • April 08, 2024

    Convicted CEO Wants Utility To Fund Defense Through Appeal

    The former CEO of the Connecticut Municipal Electric Energy Cooperative urged a federal judge on Monday to order the organization to cover his legal expenses while he appeals his conviction for stealing public funds and prepares for a trial in yet another criminal case.

  • April 08, 2024

    AIG Acted In Bad Faith In Hurricane Dispute, Homeowners Say

    Owners of a $95 million oceanfront mansion near Miami told jurors Monday that AIG should be punished for acting in bad faith in handling a claim for damage from Hurricane Irma, saying the company repeatedly prioritized maximizing profits at the expense of customer service.

  • April 08, 2024

    Travelers Nabs Early Win In AIG Unit's Injury Coverage Row

    Travelers has no duty to defend or indemnify a construction company and a New York University hospital in an underlying construction injury suit, a New York federal judge ruled, finding that the underlying complaint doesn't suggest that the Travelers-covered subcontractor was primarily responsible for the underlying injuries.

  • April 05, 2024

    Insurer Denies Coverage In Pet Store BIPA Class Action

    An insurer told a Michigan federal court Friday that it didn't have to cover a pet store in an underlying employee proposed class action alleging the store violated Illinois' Biometric Information Privacy Act because the claims were precluded by the policy and a state statute of limitations.

  • April 05, 2024

    SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling

    The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.

  • April 05, 2024

    Insurer, Construction Co. Agree To End $10M Ceiling Fall Suit

    Grange Insurance Co. and a Georgia construction company it sued to avoid paying a $10 million judgment in an underlying injury case over a worker's fall through a ceiling came together with that late worker's wife and agreed to dismiss their indemnity dispute following a settlement.

  • April 04, 2024

    Homeowner Asks 9th Circ. To Rethink Fire Coverage Ruling

    A woman who was prevented from coverage of a 2021 house fire by the Ninth Circuit asked the court to rehear her case, arguing among other things that she did not lie to her insurer about renting her home, because she didn't fill out the insurance application.

  • April 04, 2024

    Trump Fraud Appeal Spotlights Underwriting Irregularities

    Donald Trump's ongoing challenge to a $465 million civil fraud judgment for a decadelong valuation fraud conspiracy raises questions about insurance procedures, how underwriters price risk and who is harmed by the alleged fraud perpetrated by the former president and his associates.

  • April 04, 2024

    Del. Justices Eye Atty Conduct In Medicaid Fraud Verdict

    The Delaware Supreme Court handed insurers a victory when it agreed to review a ruling setting aside a favorable verdict for the carriers in a coverage dispute over an ex-Xerox unit's $236 million Medicaid fraud-related settlement, but carrier counsel's conduct may present challenges moving forward, according to a civil procedure expert.

  • April 04, 2024

    Insurance Litigation Week In Review

    The Ninth Circuit heard a coverage dispute over an unsuccessful shipwreck salvaging expedition, Delaware's justices agreed to consider whether an ex-Xerox unit tried to defraud insurers into covering a $236 million settlement, and the owner of Washington, D.C., professional sports teams ended its bid for COVID-19 coverage.

  • April 04, 2024

    A College Professor's Approach To Insurance

    A strong education is crucial to address the role insurance plays on both the personal and professional level — something University of Georgia professor Rob Hoyt demonstrates in his classroom. Here, Law360 speaks to Hoyt about how research, teaching and service guide his work.

  • April 04, 2024

    NY AG Wants Trump Insurer To Guarantee $175M Bond

    New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.

Expert Analysis

  • 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.

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

  • Exxon Ruling Highlights Additional Insured Coverage Conflict

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    Despite the Texas Supreme Court's recent decision in Exxon Mobil v. National Union, finding that contractual minimum insurance requirements cannot be used as a ceiling to bar umbrella coverage, the case nevertheless illustrates insurers' aggressive tactics to reduce the scope of additional insured coverage, say David Kroeger and Steven Tinetti at Jenner & Block.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

  • Climate Reporting Regs Mean New Risks To Insure

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    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

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    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • Unpacking NY's Revamped Wrongful Death Bill

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    Legislation to amend New York’s wrongful death law, introduced May 2, proposes more limited reforms than an earlier version the governor vetoed in January, but will likely still face strong opposition due to the severe financial impacts it would have on insurers’ set premiums and reserves, say Eric Andrew and David Adams at Hurwitz Fine.

  • NY Ruling Highlights Need For Specific Insurance Disclaimers

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    New York coverage counsel responsible for writing disclaimer letters should heed a recent appellate decision, Bahnuk v. Countryway Insurance, in which the letter sent to the plaintiff was deemed to be insufficiently specific, leaving the insurance company on the hook for coverage, says Dan Kohane at Hurwitz Fine.

  • Big Oil Certiorari Denial May Alter Climate Change Litigation

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    The U.S. Supreme Court's Monday decision not to review a handful of forum disputes in oil industry climate change litigation means that similar cases may face less corporate-friendly state courts, and insurers may see greater defense and damages exposures from Big Oil clients, say Dennis Anderson and Deepa Sutherland at Zelle.