Plastic Pollution Could Trigger $20B in Payouts

Litigation could cost the plastics industry and its insurers $20 billion in the US over the next eight years, according to a report backed by the United Nations and an Australian billionaire.
October 17, 2022 Liability Litigation

Could Climate Change Liability Usher in a New Era of Cooperation?

In August, flooding immersed Pakistan as three months of monsoons, following a drought, took their toll on farmland and humanity. The previous month, Vancouver, Canada launched a lawsuit against oil producers, placing the blame for climate change on them.
October 11, 2022 Catastrophe Liability

Breakdown of America’s Largest P/C Carriers

Property and casualty insurance providers across the country wrote more than $797 billion in premiums in 2021, generating about $767 billion in earned premiums, the latest industry report from the National Association of Insurance Commissioners’ (NAIC) has revealed.
October 10, 2022 Auto Insurance Industry Liability Life & Health Marine

The Auto Exclusion in the CGL Policy

Built into the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) policy coverage part for over 35 years is an "Aircraft, Auto or Watercraft" exclusion -- currently labeled as exclusion g. in the Commercial General Liability Coverage Form (CG 00 01 04 13).
October 5, 2022 Liability

Former Utility Execs Agree to $117M Settlement for Wildfire Liability

Former executives and directors of Pacific Gas & Electric have agreed to pay $117 million to settle a lawsuit over devastating 2017 and 2018 California wildfires sparked by the utility’s equipment, it was announced Thursday.
September 30, 2022 Liability Litigation California

Former NFL RB Awarded $28.5M in Medical Malpractice Case

A former New York Giant who sued a prominent Manhattan surgeon for allegedly ending his football career won a whopping $28.5 million verdict in the case. Running back Michael Cox, 33, had a four-year, $2.3 million contract with Big Blue when he was tackled during a November 2014 game in Seattle.
September 28, 2022 Liability Litigation New York

Therapeutic Tears and a Compassionate Judge: $1.1B Allocated to Surfside Victims’ Families

Seventy-nine funerals in five weeks. Not at a cemetery but inside Judge Michael Hanzman’s courtroom, during unprecedented hearings held throughout an excruciating summer of sadness as he appraised the worth of the victims killed in the Surfside condominium collapse.
September 23, 2022 Liability Litigation Florida

Court Requires Insurer Show Prejudice for Coverage Denial

The United States District Court for the Eastern District of Oklahoma, applying Oklahoma law, granted an insured’s motion for summary judgment, finding that a claim was sufficiently made and reported during the policy period.
September 22, 2022 Liability Litigation Oklahoma

Open and Obvious Defense to Premises Liability Claims

The 2nd Appellate District in Montes v. Young Men’s Christian Assn. of Glendale, California (2022 Cal.App.LEXIS 677) recently reaffirmed the application of the ‘open and obvious’ defense to premises liability claims, especially as they related to trial following an unsuccessful motion for summary judgment raising the defense.
September 21, 2022 Liability Litigation California

1907 Law Used to Deny all Hurricane Ida Property Claims In NYC

Nearly a year after the remnants of Hurricane Ida flooded the Forest Hills one-bedroom apartment where Heidi Pashko and her husband live, the couple is finally beginning to settle back into their first-floor home of over four decades.
September 13, 2022 Liability Property New York

Various Remaining Claims in Hard Rock Hotel Collapse Sent to Mediation

Nearly three years after the partially built Hard Rock Hotel collapsed and killed three construction workers, a mediator is trying to settle dozens of claims filed in Orleans Parish Civil District Court against the developers and construction contractors, ranging from business losses to worker injuries to death claims.
September 13, 2022 Liability Litigation Louisiana

Fifth Circuit Leans on Well-Established Contractual Interpretation Doctrine to Preclude Coverage Under General Liability Policy

To paraphrase Justice Oliver Wendell Holmes Jr., a case ‘which appeals to the feelings and distorts the judgment’ makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals resisted the urge to let its emotions carry the day.
September 12, 2022 Liability Litigation Texas

Luxury Vehicles Destroyed in Car Carrier Crash, Fire on I-95

Interstate 95 between Four Oaks and Benson was shut down for several hours on Sunday night after a blown tire caused a truck hauling expensive vehicles to crash. The driver said he was hauling privately-owned, expensive motor vehicles from New York City to Miami.

All were destroyed by a raging fire. Firefighters who responded to the scene said that tires and batteries were blowing up "like 4th of July fireworks."

The owner-operator of the truck said he had just checked all of his tires at a fuel stop in southern Virginia, but heard what sounded like an explosion behind him before the fire erupted.

He attempted to extinguish the flames at first, but eventually had to flee from the scene when the fire became too large.

The driver, who did not give his name to WRAL News, was concerned about his clients more than for his own loss of livelihood.
September 7, 2022 Auto Liability Subrogation

New Illinois Law Mandates That Insurers Report All Dog Bite Claims

It’s a great trivia question. Which state has the most dog bite claims? The answer probably won’t surprise you -- California, with 2,103 insurance claims in 2020, followed by Florida, Texas, New York, Pennsylvania, Ohio, and Illinois.
September 2, 2022 Legislation & Regulation Liability Illinois

Judge Strikes Down State Ban on Credit-based Insurance Scores

A Washington state judge has struck down a state rule banning the use of credit-based insurance scores. On Monday, Judge Indu Thomas rendered a final order declaring that Washington state Insurance Commissioner Mike Kreidler exceeded his authority when he issued a permanent rule prohibiting the use of credit-based insurance scores.
August 31, 2022 Auto Legislation & Regulation Liability Property Washington
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