General Liability

  • July 17, 2024

    Conn. Enacts Legislation To Support Captive Insurers

    Connecticut Gov. Ned Lamont signed into law an act aimed at furthering the state's commitment to the captive insurance industry, building upon the legislative efforts of recent years that have positioned Connecticut as the leading domicile for captives.

  • July 17, 2024

    3M Denied Quick Win In Earplug MDL Coverage Dispute

    3M and its subsidiary Aearo Technologies can't get a quick win in their quest for coverage for hundreds of millions of dollars in defense costs paid in connection with underlying litigation alleging that their combat earplugs failed to protect the hearing of service members and veterans, a Delaware state court ruled.

  • July 17, 2024

    NY Inn Settles Coverage For Law Grad Shower Film Extortion

    The owner and manager of an Albany, New York, Hampton Inn where a law school graduate said she was secretly filmed showering, then blackmailed, settled with its insurers in a Georgia federal dispute over defense coverage of the woman's suit against them.

  • July 16, 2024

    Praying Coach's School Faces Skeptical Judge In Fee Fight

    A Washington state appellate judge struggled Tuesday to follow a school district's argument that its insurer should cover a nearly $1.8 million legal bill for a praying football coach's U.S. Supreme Court win, pointing to a policy exclusion for certain adverse judgments.

  • July 16, 2024

    Development Co. Says Chubb Unit Must Cover Defense Costs

    An economic development company told a Delaware federal court its insurer must cover the over $7.6 million it has incurred while facing a government agency's allegations that it violated the False Claims Act in connection with the agency's claim that one of its subcontractors overbilled the agency.

  • July 16, 2024

    4th Circ. Rejects 'Untimely' Redo Request In Coverage Fight

    The Fourth Circuit has flatly rejected a request to reconsider whether an insurer must cover the maker of a wood treatment product in a suit over a man's cancer diagnosis following decades of exposure to the chemical, calling the motion "untimely."

  • July 16, 2024

    Pet Store Chain Says AIG Unit Must Cover BIPA Claims

    An AIG unit is misconstruing policy exclusions in refusing to defend Pet Supplies Plus in a class action alleging violations of Illinois' Biometric Information Privacy Act, the pet store chain told a Michigan federal judge.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Towers Watson Asks 4th Circ. To Find Merger Dispute Covered

    Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.

  • July 15, 2024

    Casino Owner Says Insurer Must Face $130M COVID Loss Suit

    A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Subcontractor Ducks Counterclaims In $1M Army Lab Suit

    The prime construction contractor for a U.S. Army lab failed to provide enough evidence to bring counterclaims against a subcontractor in its $1 million breach of contract suit, a Massachusetts federal judge has ruled.

  • July 12, 2024

    Biggest Colorado Decisions Of 2024: A Midyear Report

    The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.

  • July 11, 2024

    The Top Property Insurance Decisions of 2024 So Far

    Two major state supreme court decisions on insurance coverage for pandemic losses and a Colorado ruling on whether policyholders can be excused for making late homeowners claims are among the top property insurance decisions of 2024 so far.

  • July 11, 2024

    9th Circ. To Weigh When Inter-Insurer Subrogation Is Allowed

    The Ninth Circuit next Thursday will hear oral arguments on whether an excess insurer can recoup from a primary insurer its $4 million share of a $5 million wrongful death settlement, even though the total settlement sum did not exceed the insurers' combined policy limits.

  • July 11, 2024

    Syracuse Diocese To Notice Creditors On Ch. 11 Releases

    Lawyers for the Diocese of Syracuse said they've come up with a process to collect creditor consent for third party releases in an already voted on reorganization plan, telling a New York bankruptcy judge Thursday the approach will hopefully head off confirmation issues after the U.S. Supreme Court struck down nonconsensual third party releases in Chapter 11 plans.

  • July 11, 2024

    Insurance Litigation Week In Review

    Foreclosure prevented a man's house fire windfall, a former Georgia insurance commissioner sought a lesser sentence for his kickback scheme, Kiwanis leaders and sex abuse survivors demanded coverage, and a federal judge extended a penile enlargement injury coverage suit.

  • July 11, 2024

    Climate Suit Report Highlights Carrier Greenwashing Risk

    A recent report highlighting global trends in climate change litigation points to a potentially significant source of exposure for insurers in the form of what are known as greenwashing suits against their insureds, and more direct risks against carriers themselves, experts say.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    Connell Foley Attys Part Of NJ Insurance Trio At Kennedys

    Global law firm Kennedys CMK has brought on two former Connell Foley LLP attorneys and a former senior litigation counsel for an insurer to bolster its insurance coverage team in New Jersey, the firm announced Thursday.

  • July 11, 2024

    Mich. Asks Appeals Court To Rethink Nationwide's Tax Win

    Michigan insurance companies that are part of Nationwide are required to file taxes as individual entities and not as a unitary group, Michigan's tax department said, asking the state Court of Appeals to reconsider its opinion in the case.

  • July 10, 2024

    Co. Wants 'Duplicative' $18.8M Theft Coverage Suit Tossed

    A Georgia shopping center owner involved in coverage disputes with its insurer after suffering an $18.8 million theft and vandalism loss asked a Georgia federal court to dismiss or stay its insurer's case until its own prior Texas state loss coverage action against the carrier is decided.

  • July 10, 2024

    Insurer, Property Cos. Settle Lead Poisoning Coverage Suit

    An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.

  • July 09, 2024

    Nonprofit's Insurer Needn't Cover Worker's Car Crash Row

    A nonprofit's insurer has no obligation to indemnify a worker who was sued by another driver after a December 2019 car crash, a Florida federal court ruled, rejecting the worker's personal insurers' bid to recover defense and settlement costs.

Expert Analysis

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

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    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • 7th Circ. Exclusion Ruling Will Narrow BIPA Coverage

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    The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.

  • Revisiting Scalia's 'What's It To You?' After Kaiser Ruling

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    While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.

  • Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend

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    The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.

  • NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • NJ Justices Clarify First-Party Indemnification Availability

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    In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.

  • Takeaways From Justices' Redemption Insurance Decision

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    The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • 8th Circ. Insurance Ruling Spotlights Related-Claims Defenses

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    The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.