Biometric Data and Legal Liabilities

A recent lawsuit filed against Amazon for alleged violations of New York City’s Biometric Identifier Information Law highlights new risks for businesses that use customers’ biometric data in their operations. As similar laws begin to take effect in other jurisdictions, many other companies face potential liability.
June 5, 2023 Liability Risk Management

Maryland AG Sues Chemical Manufacturers Over Widespread PFAS Contamination

In a significant move to protect the environment and public health, Attorney General Anthony G. Brown has announced the filing of two lawsuits on behalf of the State of Maryland.
June 1, 2023 Liability Litigation Maryland

FTC Move Makes Biometric Privacy Liability a National Concern

A recent policy statement from the Federal Trade Commission on the collection of biometric information, such as fingerprints and retina scans, will put a national spotlight on the issue, which will likely lead to more litigation and regulatory action, experts say.
May 31, 2023 Legislation & Regulation Liability

Debt Ceiling Debate Adds Heat to P/C Insurers’ Replacement Cost Woes

Uncertainty spawned by the debt ceiling debate will likely exacerbate the replacement cost inflation that has been putting upward pressure on property/casualty insurers’ loss ratios -- and, ultimately, consumers’ premium rates, according to Triple-I’s chief economist.
May 31, 2023 Insurance Industry Liability Property

The Roundabout: Transportation Experts Share How to Effectively Navigate From Accident to Resolution

CLM’s Transportation Community regularly gathers claims, risk, and legal experts in the transportation field to discuss trends in the industry. In this edition, moderator James Foster leads a discussion on pre-suit strategies, what to look for in independent adjusters, and how to select the best defense counsel and expert witnesses.
May 26, 2023 Liability Litigation

Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects

In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement that settled underlying construction defect claims.
May 26, 2023 Liability Litigation Oregon

Settlement Reached in Lawsuit Stemming from Tennessee Coal Ash Cleanup

Attorneys representing workers who suffered from various illnesses after participating in the cleanup of a major coal ash spill in Tennessee have announced a settlement with the contractor responsible for organizing the cleanup on behalf of the Tennessee Valley Authority (TVA). The resolution marks a significant development in the long-standing lawsuit stemming from the Kingston ash spill site cleanup.
May 25, 2023 Liability Litigation Tennessee

Bankruptcy Court Allows SVB Directors, Officers to Utilize Liability Insurance

A federal bankruptcy court in New York ruled Tuesday that directors and officers of SVB Financial Group, parent company of the failed Silicon Valley Bank that federal regulators took over in March, can tap into their $210 million in directors and officers liability insurance.
May 24, 2023 Liability New York

3M CEO Required to Participate in Earplug Lawsuit Mediation

In an unprecedented decision, a federal judge has mandated that 3M CEO Mike Roman personally participate in mediation sessions aimed at resolving the longstanding legal battle concerning the alleged defects in the company’s military earplugs.
May 23, 2023 Liability Litigation Florida

Fact Issues Preclude Summary Judgment As To Whether Related Companies Constitute ‘Insureds’ And Whether Claims Are Related

Applying New Jersey law, the U.S. District Court for the District of New Jersey determined that issues of material fact precluded summary judgment as to whether certain companies with common ownership and operations qualified as ‘insureds.’
May 22, 2023 Liability Litigation New Jersey

Steady Frequency But Growing Severity in Legal Malpractice Claims

Most legal malpractice insurers reported comparable claims frequency in 2022 compared with 2021, but severity increased, says a survey.
May 22, 2023 Liability

Full Clarity on Partial Releases

When the value of a liability claim clearly exceeds the primary insurance limit, but the excess insurer is not quite ready or willing to settle, tensions can arise as to how long the primary insurer must incur defense costs when it is prepared to pay its own limit.
May 18, 2023 Liability

Cannabis Health Concerns Raise Product Liability Risk

Recent research linking cannabis consumption to a range of health risks may increase product liability exposures for the expanding industry. Insurance coverage for the cannabis sector, which has grown significantly over the past several years as more states legalized the drug, is expanding, experts say.
May 18, 2023 Liability

Father Of Georgia Football Player Files $40M Lawsuit Over Son’s Death

In a tragic incident that shook the University of Georgia football community, a grieving father has taken legal action against the University of Georgia Athletic Association and multiple parties, seeking $40 million in damages for the untimely death of his son, offensive lineman Devin Willock, and recruiting staffer Chandler LeCroy.
May 11, 2023 Liability Litigation Georgia

Appeals Court Rules On Insurers’ Liability Coverage Dispute

A federal appeals court on Tuesday affirmed a lower court ruling on behalf of Selective Insurance Group Inc. in a coverage dispute with Amerisure Insurance Co. over a construction accident.
May 10, 2023 Liability Litigation New York
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