Pa. Justices' Auto Exclusion Ruling May Spur Policy Changes
The Pennsylvania Supreme Court is tackling whether policy language precluding coverage for injuries "arising out of" the ownership or use of "autos" is ambiguous, and its answer could set up auto liability carriers in the state to reevaluate how they define such terms even in standard form policies, experts say.
Massive Liability Issues Centered At Anderson Kill Conference
Evolving cyber and artificial intelligence risks, along with the massive claims associated with forever chemicals and sexual abuse suits, should be among the top insurance considerations for policyholders today, attorneys and brokers said at a conference hosted by Anderson Kill PC.
Fire Coverage Dispute Underscores Shared-Limit Policy Risks
A California federal court's recent decision rejecting a Los Angeles property owner's bid to recover an additional $2.1 million for fire losses represents a cautionary tale regarding the coverage issues that can arise in "shared limit" property insurance programs. Here, Madelyn Rodriguez of Clausen Choquette PLLC's insurance recovery practice spoke to Law360 about the advantages of these policies, the challenges of determining limits and interpreting policy language, and measures that insureds and their brokers can take to ward off potential problems.
Property More
A Nationwide unit doesn't owe coverage for a property owner's claim over a burst water pipe that resulted in a sudden settling of a commercial building and made it unsafe for tenants, a Connecticut federal cou... (more story)
Ransomware attacks have been increasing in recent years, while the market for cyberinsurance is growing and becoming more competitive, said a cyberinsurance expert at a media briefing from the American Academy... (more story)
The Second Circuit upheld Citgo's $54.2 million judgment against insurers over seized Venezuelan oil cargo, a California federal court officially approved an $80 million class settlement over life insurance te... (more story)
The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and ... (more story)
Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its... (more story)
An Arkansas federal judge on Monday dismissed with prejudice Norfolk & Dedham Mutual Fire Insurance Co.'s suit against Rogers Manufacturing Corp. over $4.7 million in damage from roof collapses after the parti... (more story)
An insurer needn't pay an additional $2.1 million in coverage to the owner of a Los Angeles property that was damaged in a fire, a California federal court ruled Monday, finding the insurer already paid all be... (more story)
A Connecticut family says they were forced to vacate their home for 75 days and get rid of most of their possessions after a battery for model cars and trains purchased from Amazon exploded, setting the home o... (more story)
A Chubb unit told a Pennsylvania federal court that it has no duty to defend or indemnify a former Ramada Inn franchise operator that was ordered to pay the hotel chain's parent company over $4 million after i... (more story)
Two USAA units sought to toss two insureds' proposed class action accusing the companies of under-reimbursing their medical providers via claim handling software, telling a Washington federal court "there is n... (more story)
General Liability More
An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding tha... (more story)
A Michigan state appeals court revived a woman's suit seeking personal injury protection benefits after a car crash, finding one exclusion in her no-fault policy invalid because it contravenes the state's no-f... (more story)
A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparab... (more story)
A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim conce... (more story)
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows... (more story)
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a ... (more story)
An Allstate insurer told a Pennsylvania federal court that it is entitled to recoup more than $100,000 from Whirlpool Corp. after a dishwasher the company manufactured set fire to a policyholder's property.
A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash disp... (more story)
A concrete subcontractor accused by a general contractor of causing more than $10 million in damage to a 461-unit condominium project in downtown Denver is not entitled to coverage under the contractor's polic... (more story)
Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from ... (more story)
Specialty Lines More
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in ... (more story)
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settleme... (more story)
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach ... (more story)
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err... (more story)
A property owner's title insurer owes no coverage for an underlying quiet title action over ownership of a private road between two separate properties, a New York federal court ruled, finding coverage excepti... (more story)
The Chapter 7 trustee for subprime car lender and seller Tricolor Holdings can access about $275,000 in deposited checks at its headquarters to make late insurance payments, a Texas bankruptcy judge said at an... (more story)
Justin Baldoni, the "It Ends With Us" lead and director facing sexual harassment claims from co-star Blake Lively, asked a New York federal court to dismiss an insurer's lawsuit seeking to avoid coverage, noti... (more story)
With increasing inflation, rising unemployment and growing consumer credit delinquencies, insurers and their intermediaries must be prepared to handle policyholders who are filing for bankruptcy by acquainting... (more story)
Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.
Matthew Fortin at BatesCarey discusses notable developments in Illinois insurance law from the last quarter including a state appellate court's weighing in on the scope of appraisal, a pending certified questi... (more story)