General Liability
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September 04, 2025
Insurance Litigation Week In Review
The Delaware Supreme Court refused to take up a midcase appeal in Mattel's suit over coverage for unsafe sleeper claims, the Eighth Circuit affirmed an apartment complex's $27 million award against Travelers and the Fifth Circuit heard arguments over a group of domestic insurers' bid to arbitrate hurricane damage claims. Here, Law360 takes a look at the past week's top insurance news.
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September 04, 2025
Chinese Insurers Leading Race To Cover Renewable Energy
The global renewable insurance market grew from $5.65 billion in 2020 to $8 billion in 2024, with insurers from China underwriting most premiums in recent years, analysis from a campaign group shows.
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September 02, 2025
Progressive Owes No Coverage For Truck Transport Mishap
A Progressive Insurance unit has no duty to defend or indemnify a transportation company facing an injury lawsuit alleging that a disabled truck rolled into oncoming interstate traffic while a worker was loading it onto a trailer, an Alabama federal court ruled Tuesday.
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September 02, 2025
Care Facility Not Covered In Patient Death Suits, Insurer Says
An insurer said it has no duty to defend or indemnify a long-term nursing care facility in four wrongful death suits, telling an Illinois federal court that general liability and professional liability coverage is barred by a number of policy exclusions.
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August 29, 2025
Del. Justices Say Mattel Sleeper Suit Not Ripe For Review
The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.
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August 28, 2025
Katrina's Insurance Lessons Ever Relevant 20 Years Later
Hurricane Katrina's landfall in New Orleans 20 years ago was an unprecedented catastrophe that resulted in financial consequences and insurance lessons that are more relevant today than ever, as fossil fuel-induced climate change promises more intense storms, experts say.
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August 28, 2025
Crop Insurance Changes Bring Needed Funding Boost
The U.S. Department of Agriculture's Risk Management Agency implementation of enhancements to federal crop insurance programs under the One Big Beautiful Bill Act includes a funding boost to programs, but leaves some industry experts hoping there's more legislation to come.
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August 28, 2025
Insurer Says No Coverage For Parking Garage Death Suit
An insurer said it has no duty to defend or indemnify a parking garage designer accused of improperly designing a facility at a New Jersey university after a man jumped from an upper level and died, telling a New York federal court that another carrier owes coverage instead.
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August 28, 2025
Insurance Litigation Week In Review
The Fourth Circuit erased class certification in a lawsuit challenging Progressive's coverage of totaled vehicles, the First Circuit said an insurer had no defense obligations over an eviction scheme alleged at a senior living facility and the Ninth Circuit assessed the "unconscionability" of liability language in an aircraft service agreement. Here, Law360 takes a look at the past week's top insurance news.
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August 27, 2025
No Coverage For Voluntary Phishing Payments, Insurer Says
A Pittsburgh seating company is not entitled to coverage for more than $530,000 it lost in a computer phishing scheme, an insurer told a Pennsylvania state court, saying the payments made by the company's co-owner were voluntary and thus excluded by its policy.
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August 27, 2025
Crash Victim Hits Progressive With Claims Over 'Regular Use'
Progressive Insurance systematically denied auto insurance coverage under an exclusion relating to vehicles not directly insured but still regularly used, two Pennsylvania residents told a Pennsylvania state court in a proposed class action, saying that the insurer had no reasonable basis to do so.
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August 26, 2025
4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit
The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."
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August 26, 2025
Clause Not Unconscionable In Jet Damage Row, 9th Circ. Says
A "limitation of liability" provision that an aircraft services company used in a "landing card" agreement for arriving aircraft wasn't unconscionable under Nevada law, the Ninth Circuit ruled, siding against an insurer demanding that the company reimburse it for damage to a private jet stored at a Las Vegas airport.
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August 26, 2025
1st Circ. Says Insurer Owes No Defense In Eviction Suits
A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.
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August 25, 2025
Chubb Units Say No To Test Cases In Archdiocese Ch. 11
Insurance carriers for the Archdiocese of San Francisco urged a California bankruptcy court to reject a deal between the archdiocese and sexual abuse claimants to allow five lawsuits to proceed despite a Chapter 11 automatic stay.
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
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August 25, 2025
11th Circ. Won't Rehear Lodge Shooting Coverage Dispute
The Eleventh Circuit refused Monday to review its April finding that a jury should decide whether an insurer acted in bad faith by not settling an estate's claim over a fatal shooting that occurred at a Florida lodge.
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August 25, 2025
Care Facility Not Covered In Chase Crash Suit, Insurer Says
An insurer has no duty to defend or indemnify a residential care facility or its owner in an underlying suit over a car chase that resulted in a crash and injured two women, the company told an Oregon federal court, saying the claims do not trigger the insuring agreement.
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August 21, 2025
Kanner & Pintaluga Seeks Sanctions Over Accident Data Suit
Kanner & Pintaluga PA asked a Texas federal court to sanction a Houston couple and their counsel in a proposed class action accusing the firm and since-dismissed Progressive Casualty Insurance Co. of conspiring to share auto crash victims' private information, saying the claims are based on unverified and inadmissible hearsay.
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August 21, 2025
AI Tools Spark Debate Over Insurance Policy Interpretation
An artificial intelligence tool drafts an insurance policy and makes a note of potential inconsistencies in language.
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August 21, 2025
Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed
Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.
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August 21, 2025
Abuse Claim Influx Raises Insurance Woes For Calif. Schools
Legislation in California eliminated a number of claim prerequisites and the statute of limitations for childhood sexual assault survivors pursing litigation against public entities, but five years later insurance experts are sounding the alarm as to how this legislation has impacted public schools' ability to procure adequate liability coverage at a reasonable cost.
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August 21, 2025
Q&A: Lawmaker Takes Aim At High Property Insurance Costs
Finding ways to make property insurance more affordable in New York is the intended outcome of a New York State Senate investigation into a crisis that's threatening to price people out of their communities, said the chair of the senate's insurance committee.
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August 21, 2025
Bankruptcy Trustee Axes RICO Claims Against BakerHostetler
The trustee for the Alliance Health Liquidating Trust has agreed to drop two remaining civil racketeering claims against BakerHostetler in an adversary case stemming from the law firm's representation of a bankrupt pharmacy company in 2017.
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August 21, 2025
Why Del. Policyholders Should Heed CVS Opioid Claim Loss
The Delaware Supreme Court's refusal to reverse a lower court's ruling that CVS Corp. isn't owed coverage for government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices marks a concerning turn for policyholders incorporated in the state, a policyholder attorney told Law360.
Expert Analysis
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What Insurers Need To Know About OFAC's Expanded FAQs
The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.
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Nevada Justices Could Expand Scope Of Subrogation Claims
The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.