General Liability

Expert Analysis

• Puzzling Out When Similar Insurance Claims Are Related

  

  A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.

• Ruling Offers Insurers A Path To Settle Sans Insured Consent

  

  A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.

• Mitigating Employer Liability Risk Under Sex Assault Rule

  

  The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

• 4 Questions For Insureds To Overcome Flood Exclusions

  

  In a year of record flash flooding in the U.S., affected policyholders, who may assume that their policy's flood exclusion precludes recovery for losses, should look to the many factually and legally nuanced cases presenting pathways to coverage, says Micah Skidmore at Haynes Boone.

• Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

  

  Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

• What Insurers Must Know About New La. Proof Of Loss Law

  

  Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.

• How To Successfully Challenge Jurors For Cause In 5 Steps

  

  To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

• Notable Q2 Updates In Insurance Class Actions

  

  Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

• When Failure To Satisfy Insured Duty Is Fatal To Texas Claims

  

  Recent rulings from federal district courts in Texas demonstrate when an insured's failure to satisfy certain duties is fatal to recovery under their policy, and when this failure may result in abatement, say attorneys at Zelle.

• Tracking The Evolving Legal Landscape Of Music Festivals

  

  The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.

• Asbestos Ruling Cements All Sums Coverage Precedent In SC

  

  With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.

• How Courts Are Addressing The Use Of AI In Discovery

  

  In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

• How NY Appeals Ruling Alters Employers' Sex Abuse Liability

  

  In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.