
FedEx Appeals $366M Verdict in Racial Discrimination Case
FedEx Corp said it would ask a federal judge in Texas to throw out or reduce a jury’s $366 million damages award to a Black former employee who accused the company of disciplining and firing her after she complained about racial discrimination.
November 2, 2022
Liability
Litigation
Texas

California’s Mosquito Fire to Cost Utility PG&E $100M
PG&E Corp. recorded a $100 million third-quarter charge for a California wildfire that its equipment may have sparked last month in the Sierra Nevada mountains.
California’s biggest utility said the costs of the Mosquito Fire should be largely offset by insurance and other rate recoveries, according to a filing Thursday with the US Securities and Exchange Commission.
November 2, 2022
Excess & Surplus Lines
Liability
California
California’s biggest utility said the costs of the Mosquito Fire should be largely offset by insurance and other rate recoveries, according to a filing Thursday with the US Securities and Exchange Commission.

Seattle Homeowners Win Lawsuit After New Home Nightmare
Settling in a new home can take months, but how long should a new homeowner have to notice big problems and sue? The Washington Supreme Court weighed in this week.
October 31, 2022
Liability
Washington

State Negligence Broker Liability Claims Allowed by Supreme Court for Trucking Subrogation
Frequently, freight brokers attempt to deny subrogation claims for cargo damaged in transit on a truck by arguing that they are accorded broker status and do not have the same strict liability as a ‘Motor Carrier’ under The Carmack Amendment.
October 25, 2022
Liability
Subrogation

More Fatal Crashes Linked to Tesla’s Automated Technology
The National Highway Safety Administration released new data indicating that 10 people were killed in the United States in crashes involving vehicles that were using automated driving systems. The crashes all took place during a four-month period earlier this year between mid-May and September of this year.
October 20, 2022
Auto
Liability
Technology

Biometric Privacy Perils Grow After BNSF Loses Landmark Verdict
Illinois’ first jury verdict in a biometric privacy class action will likely encourage more litigation in the state and place pressure on businesses to settle those claims long before they reach trial, attorneys say.
October 19, 2022
Liability
Litigation
Illinois

Cellphone Data Analysis in Personal Injury Litigation
Ninety-seven percent of Americans now own a cellphone, and 85% of those own a smartphone, a mobile device that does a lot more than just make and receive calls. In fact, a smartphone can track every aspect of a person’s life, including sleep; eating and health trends; location and movement; and social and financial alerts.
October 19, 2022
Liability
Litigation
Technology

Amplify Energy Agrees to $50M California Spill Settlement
A pipeline operator has agreed to pay $50 million to thousands of Southern California fishermen, tourism companies and property owners who sued after an offshore oil spill last year near Huntington Beach.
October 19, 2022
Liability
Litigation
Subrogation
California

3 Ways Severe Weather Is Increasing Environmental and Pollution Liability
This August, as Death Valley experienced a 1,000-year rain event, all Steve Tagert could see were the pollution risks. In a matter of hours, nearly a year’s worth of rain poured from the sky.
October 18, 2022
Liability

After Climate Rulings, Insurers May Go On Coverage Offense
Two recently filed lawsuits, Aloha Petroleum Ltd. v. National Union Fire Insurance Co. and Everest Premier Insurance Co. v. Gulf Oil Ltd. Partnership, signal the beginning of litigation over liability insurance coverage for climate change-related lawsuits and damages.
Underlying Claims
Climate Change Contribution
Since 2017, state and local governments around the U.S. have been filing lawsuits against oil and gas companies for their contribution to climate change.[2]
The government entities allege that production and use of defendants’ fossil fuel products has created greenhouse gas pollution, which is causing global warming, sea level rise, and increased frequency and severity of extreme weather events, resulting in climate change-related injuries to the plaintiffs.
October 17, 2022
Liability
Litigation
Underlying Claims
Climate Change Contribution
Since 2017, state and local governments around the U.S. have been filing lawsuits against oil and gas companies for their contribution to climate change.[2]
The government entities allege that production and use of defendants’ fossil fuel products has created greenhouse gas pollution, which is causing global warming, sea level rise, and increased frequency and severity of extreme weather events, resulting in climate change-related injuries to the plaintiffs.

Cyber Liability Claims Skyrocketing -- Acuity
Wisconsin-based Acuity Insurance has reported an increased need for cyber liability insurance among both personal and business policyholders as cybercrime continues to grow. Between June 2021 and June 2022, Acuity Insurance saw cyber liability claims on its commercial insurance policies spike by more than 50%. For personal policies, Acuity reported a 90% increase in cyber claims in 2021 over 2020.
October 17, 2022
Fraud
Liability

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



