General Liability

  • April 18, 2025

    Ill. Justices To Weigh Scope Of Standard Pollution Exclusions

    The Illinois Supreme Court will consider whether pollution exclusions in standard-form commercial general liability policies apply to industrial emissions allowed under a regulatory permit, the court said Thursday, agreeing to take up a question certified by the Seventh Circuit.

  • April 17, 2025

    Colo. FAIR Plan Gives Policyholders Options At A Cost

    Colorado launched the country's first new Fair Access to Insurance Requirements, or FAIR, Plan in 40 years to offer residents another tool in an increasingly challenging wildfire, hail and wind market, but experts emphasized that this limited form of coverage is not intended to address affordability concerns.

  • April 17, 2025

    Liberty Mutual Says Other Insurer Owes $500K For Crane Row

    A Liberty Mutual unit said it is owed over $500,000 for defending a contractor in underlying litigation over a crane incident, telling a New York federal court that the contractor qualifies as an additional insured under a subcontractor's commercial general liability policy.

  • April 17, 2025

    Insurance Litigation Week In Review

    Auto insurers can't shake feds' "forced coverage" claims, the Suquamish Tribe asks the U.S. Supreme Court not to weigh in on its COVID-19 coverage case, saying its court has jurisdiction, IBM wants coverage for $900 million in environmental expenses and Consumer Watchdog sues California's insurance chief over proposed post-wildfire insurance surcharges.

  • April 17, 2025

    Coach USA Insurer Seeks Coverage Clarification In Ch. 7 Case

    An insurer for bus operator Coach USA Inc. asked a Delaware bankruptcy court to find that it does not owe commercial auto liability coverage for certain claims arising out of Coach's operations that are insured by its captive insurer.

  • April 17, 2025

    Insurer Owes No Coverage For Fatal Facade Collapse

    An insurer has no duty to defend a roofing contractor in a wrongful death lawsuit alleging that two individuals died from the collapse of a building facade, an Illinois federal court ruled, finding a prior works exclusion applicable.

  • April 17, 2025

    General Aviation Insurance Stays Steady Through Turbulence

    The general aviation and airline insurance industry remains steady despite supply-chain concerns and a rise in accident rates. Here, Philip Stafford, a senior partner in Gallagher's aerospace division, shares his thoughts on the current state of this sector with Law360.

  • April 17, 2025

    Insurance Regulators Urged To Address Climate Change Risks

    Insurance regulators must strengthen their understanding of the threats posed by climate change and better consider how those risks will shape the stability of the sector, a group of international regulators said in a report.

  • April 16, 2025

    IBM Sues Insurers Over $900M In Environmental Expenses

    IBM has taken several of its excess commercial general liability insurers to New York federal court, arguing that following IBM's coverage settlements with underlying insurers, they are now on the hook for over $900 million in environmental remediation expenses incurred under policies issued between 1961 and 1970.

  • April 16, 2025

    Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage

    Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.

  • April 16, 2025

    5th Circ. Says Late Settlement Notice Means No Coverage

    A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.

  • April 15, 2025

    Massive Calif. Fire Assessment Pass-Through Sparks Suit

    Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act. 

  • April 15, 2025

    Nonprofit's Prior Loss Coverage Limited For Worker Theft

    A nonprofit cannot get more coverage from Auto-Owners Insurance Co. for an employee theft scheme that caused losses totaling roughly $554,000, a Kansas federal court ruled, interpreting the scope of a "prior loss provision" that covered losses occurring before the policy's coverage period.

  • April 14, 2025

    Chubb Units Owe $9M For Sex Abuse Settlement, Court Told

    A former student of a Brooklyn private school said two Chubb units are on the hook for a $9 million settlement he entered into with the school to resolve sexual abuse claims, telling a New York federal court that the insurers unreasonably delayed and refused to settle his claims.

  • April 14, 2025

    Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says

    Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.

  • April 14, 2025

    Mich. Panel Says Car Insurance Fee Schedule Not Retroactive

    A Michigan appellate panel said a fee schedule governing benefits auto insurers must pay injured parties does not apply to injuries sustained before the fee schedule became law, determining the state insurance regulator's 2024 memo misinterpreted the rules.

  • April 14, 2025

    1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says

    A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.

  • April 11, 2025

    Insurers Allowed To End Chemical Explosion Coverage Suit

    Insurers were allowed Friday to dismiss their case in Texas federal court against Team Industrial Services Inc. seeking to disclaim coverage for underlying suits filed against the company in connection with injuries from a 2021 explosion at a chemical plant.

  • April 11, 2025

    7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion

    A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.

  • April 11, 2025

    2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row

    A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.

  • April 11, 2025

    ​​​​​​​Outlet Chain Says NC Court Ruling Allows COVID Coverage

    A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.

  • April 10, 2025

    Rising Type Of M&A Coverage Can Limit Cyber Risk, Pros Say

    Conditions in the market for cyber insurance are positive for buyers, and insurance meant to protect against mergers and acquisitions improprieties can form a key part of transactions as cyber risks increase, industry and legal professionals said Thursday.

  • April 10, 2025

    6th Circ. Upholds No-Coverage Ruling For $13M Loss

    Errors and omissions insurers for two Liberty Mutual units owe no coverage for the units' $13.3 million coverage payment to a motel operator found civilly liable for a woman's murder, the Sixth Circuit ruled Thursday, finding a settlement demand letter did not constitute a claim under the E&O policies.

  • April 10, 2025

    Manufacturer Says Insurers Owe $3.4M For Warehouse Theft

    An anime merchandise manufacturer is seeking to recover over $3.4 million from its insurers for business personal property and business income that was lost after its warehouse was robbed, telling a California federal court that a majority of its claim hasn't been paid.

  • April 10, 2025

    Pet Insurer Exec Shares Insight On Double-Digit Growth

    The pet insurance industry is experiencing large amounts of growth, both in policies purchased and the cost of premiums, a trend which Brian Jorgensen, the CEO of MetLife Pet Insurance, attributes to owners spending more time with their animals and veterinary costs, respectively. Here, Jorgensen chats with Law360 about the growing pet insurance market.

Expert Analysis

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

    Author Photo

    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

  • NC COVID Ruling May Have Greater Coverage Implications

    Author Photo

    While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.

  • 5 Argument Techniques For Policyholder Advocates

    Author Photo

    Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.

  • Improving Comms Between Trial Attys And Tech Witnesses

    Author Photo

    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

    Author Photo

    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • A View Of The Shifting Insurance Regulatory Landscape

    Author Photo

    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Courts Should Nix Conferencing Rule In 1 Discovery Scenario

    Author Photo

    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Top Considerations For Insurance Companies In 2025

    Author Photo

    As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.

  • What Public View Of CEO's Killing Means For Corporate Trials

    Author Photo

    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Insurance Considerations For LA Wildfire Recovery

    Author Photo

    Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

    Author Photo

    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • What Insurers Should Know About AI Use In Litigation

    Author Photo

    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.