General Liability
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October 30, 2025
Cyber Coverage Growing Amid More Ransomware, Pro Says
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 of Actuaries on Thursday.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
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 rules on vacating default judgments.
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October 30, 2025
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.
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October 30, 2025
NASCAR Driver Says Life Insurer Pitched Him 'Financial Trap'
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 form of tax-free retirement income, according to a North Carolina state court complaint.
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October 30, 2025
Allstate Says Whirlpool Must Pay For Dishwasher Fire Damage
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.
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October 30, 2025
Insurance Litigation Week In Review
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 terminations and a New York federal court sent the state's data breach lawsuit against Allstate entities back to state court. Here, Law360 takes a look at the past week's top insurance news.
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October 30, 2025
Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit
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 dispute that resulted in a $7.5 million judgment.
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October 29, 2025
Concrete Co. Not Covered In $10M Defect Suit, Insurer Says
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 policy, an insurer told a Colorado federal court.
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October 29, 2025
Insurer Can't Avoid Massage Therapist's Coverage Claims
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 of contract, a Minnesota federal court ruled.
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October 28, 2025
Insurers Can't Avoid Tanger's COVID Coverage Suit In NC
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 insured interests to its operations in North Carolina.
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October 28, 2025
2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute
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 or abuse its discretion in rulings on summary judgment, judicial notice and jury instructions.
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October 28, 2025
Insurer Says Late Notice Dooms $7.5M Crash Coverage
A food distributor's excess insurer told a Connecticut state court it should owe no coverage for a nearly $7.5 million judgment stemming from an automobile collision involving a company worker whom a jury found at fault, saying it only learned of the case after an unsuccessful appeal.
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October 27, 2025
Title Insurer Avoids Coverage For Road Ownership Dispute
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 exceptions in two policies relating to the rights of parties "in possession" were applicable.
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October 24, 2025
Fla. Landlord Not Covered In Rat Infestation Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a landlord accused of causing its tenants to get sick from a rat infestation and unsanitary conditions, telling a Florida federal court Friday that its policy bars coverage for bodily injury arising out of organic pathogens and pollutants.
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October 23, 2025
Ga. Panel Says Statute Noncompliance Dooms Crash Deal
The Georgia Court of Appeals reversed a trial court order granting a man's motion to enforce a settlement agreement in a personal injury suit where he was accused of hitting someone with his truck, finding the agreement wasn't a "valid offer capable of being accepted."
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October 23, 2025
Illinois Seeking Transparency With State Farm Suit, Pros Say
In suing State Farm for homeowners insurance data, the state of Illinois is taking an approach to regulating carriers with transparency in mind that could be replicated elsewhere, but lowering climate-influenced costs will be a challenge, experts said.
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October 23, 2025
Motocross Co., Insurer Settle Injury Coverage Dispute
A motocross event company and insurer have settled a coverage dispute over underlying claims that a child attending a 2022 championship event was paralyzed while swimming in an on-site creek, according to a filing in Tennessee federal court.
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October 23, 2025
Judge Orders State Farm To Restart Paying PIP Claims To Co.
A Florida state judge has ordered State Farm to pay out benefits for its insureds to an automobile-crash-focused healthcare company, ruling that the insurer cannot unilaterally stop paying all of its policyholders' crash medical benefits to a provider unless it convinces a court that the provider is ineligible.
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October 23, 2025
Geico Avoids Atty Fees In Florida Providers' Suits
Geico doesn't need to pay attorney fees or costs across two dozen lawsuits from medical providers that accused the insurer of insufficiently reimbursing them for diagnostic services performed, a Florida state appeals court ruled, agreeing with the company that various county judges' awards deprived it of due process.
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October 23, 2025
Insurance Litigation Week In Review
New Jersey's top court agreed to consider the Third Circuit's underinsured motorist coverage questions, the Fifth Circuit revived an oil company's suit seeking coverage for a faulty cement settlement and the Eighth Circuit affirmed that a cleaning equipment manufacturer didn't obtain adequate coverage under its lease with a warehouse owner. Here, Law360 takes a look at the past week's top insurance news.
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October 22, 2025
NJ Justices To Hear 3rd Circ.'s UIM Coverage Questions
New Jersey's justices will help the Third Circuit consider whether a resident can recover up to the full $2 million limit in his employer's auto policy with Zurich rather than its $15,000 limit for underinsured motorists, the New Jersey Supreme Court announced Wednesday, taking up two certified questions.
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October 22, 2025
Sinkhole Coverage Dispute Up To Jury To Decide, Judge Says
A construction company and its insurer must go to trial over whether the company's invitation to a mediation constituted a defense tender for a now-settled counterclaim relating to a sinkhole discovered in December 2022 at a Seattle ship canal project, a Washington federal court ruled.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 21, 2025
Pa. Justices Will Probe 'Ambiguous' Auto Policy Exclusion
The Pennsylvania Supreme Court will consider whether insurance policy language blocking coverage for injuries "arising out of" the ownership or use of "autos" was unclear enough to be interpreted in favor of granting coverage for an accident involving a small terminal tractor truck.
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October 20, 2025
Judge Sides With Insurer Over Glass Door Injury Dispute
A subcontractor's insurer owes no defense to the property management company for a BJ's Restaurant location in an ongoing lawsuit alleging that a glass door collapsed onto a patron, a New York federal court ruled, finding the management company is "at most" an additional insured.
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.
Deposit Insurance Increase Needs More Analysis, Experts Say
Deposit insurance coverage could increase for the first time since 2010 due to a bipartisan proposal to expand the limit to $10 million per depositor for certain transaction accounts, but banking and insurance experts say legislators should conduct further cost-benefit analyses to ensure safeguards are in place for high-insured deposits.
Judge Denies Exit Bids In Gas Leak Explosion Coverage Row
A Liberty Mutual unit can still seek to avoid defending an ongoing lawsuit against a manufacturer of cannabis products and others over a fatal gas leak explosion, an Oregon federal court ruled, rejecting the property owners' and manager's position that the claims they face fall outside the scope of a marijuana exclusion.
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.
Deposit Insurance Increase Needs More Analysis, Experts Say
Deposit insurance coverage could increase for the first time since 2010 due to a bipartisan proposal to expand the limit to $10 million per depositor for certain transaction accounts, but banking and insurance experts say legislators should conduct further cost-benefit analyses to ensure safeguards are in place for high-insured deposits.
Judge Denies Exit Bids In Gas Leak Explosion Coverage Row
A Liberty Mutual unit can still seek to avoid defending an ongoing lawsuit against a manufacturer of cannabis products and others over a fatal gas leak explosion, an Oregon federal court ruled, rejecting the property owners' and manager's position that the claims they face fall outside the scope of a marijuana exclusion.
Expert Analysis
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State Of Insurance: Q3 Notes From Pennsylvania
Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums.
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10 Quick Tips To Elevate Your Evidence Presentation At Trial
A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.
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How Courts Treat Nonservice Clauses For Financial Advisers
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 former firms, says Andrew Shedlock at Kutak Rock.
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What Insurers Must Know When Insureds File For Bankruptcy
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 themselves with key procedural details of the bankruptcy process, say attorneys at McDermott.
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Identifying The Sources And Impacts Of Juror Contamination
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.
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State Of Insurance: Q3 Notes From Illinois
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 question in the Illinois Supreme Court from the Seventh Circuit on the applicability of pollution exclusions to permitted emissions, and more.
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Federal Debanking Scrutiny Prompts Compliance Questions
Recent U.S. Small Business Administration guidance sets forth requirements for preventing so-called politicized debanking and specific additional instructions for small lenders, but falls short on clarity for larger institutions, leaving lenders of all sizes with questions as they navigate this unique compliance challenge, say attorneys at Cooley.
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New Mass. 'Junk Fee' Regs Will Be Felt Across Industries
The reach of a newly effective regulation prohibiting so-called junk fees and deceptive pricing in Massachusetts will be widespread across industries, which should prompt businesses to take note of new advertising, pricing information and negative option requirements, say attorneys at Hinshaw.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.
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What EPA's Continued Defense Of PFAS Rule Means For Cos.
The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.
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11th Circ. Geico Ruling Underscores Bad Faith Test
A recent ruling by the Eleventh Circuit highlighted that negligence is not the standard for a finding of bad faith and that the insurer can overcome a bad faith suit by being diligent in its investigation and settlement efforts, emphasizing the totality of the circumstances test, says Juan Garrido at Cozen O'Connor.
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How Financial Cos. Can Prep As NYDFS Cyber Changes Loom
Financial institutions supervised by the New York State Department of Financial Services can prepare for two critical cybersecurity requirements relating to multifactor authentication and asset inventories, effective Nov. 1, by conducting gap analyses and allocating resources to high-risk assets, among other steps, say attorneys at Pillsbury.
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What 2 Recent Rulings Mean For Trafficking Liability Coverage
Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.