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Coverage Challenges In CGL Insuring Agreements

Coverage Challenges In CGL Insuring Agreements

This article discusses certain challenges found in the insuring agreements of the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) policy (April 2013 edition).
March 3, 2023 Liability

Marriott, Michael Irvin Spar Over Defamation Suit

Marriott, Michael Irvin Spar Over Defamation Suit

Pro Football Hall of Famer Michael Irvin and hotel chain Marriott International continue their legal battle following an incident during Super Bowl week in Phoenix.
Marriott previously filed a motion asking a federal judge to dismiss Irvin's $100 million defamation lawsuit and Tuesday asked a judge to deny Irvin's request for expedited release of hotel video footage.
March 2, 2023 Liability Litigation Arizona

Supreme Court Retreats From Deciding Liability Immunity For Social Media Content

Supreme Court Retreats From Deciding Liability Immunity For Social Media Content

In its first case about the federal law that is credited with helping create the modern internet, the Supreme Court seemed unlikely Tuesday to side with a family wanting to hold Google liable for the death of their daughter in a terrorist attack.
February 24, 2023 Liability

Trends In Class-Action Litigation

Trends In Class-Action Litigation

On Oct. 12, 2022, the Illinois Biometric Information Privacy Act (BIPA), a state law that restricts collection of biometric data, made headlines again when a Chicago jury rendered a $228 million judgment against BNSF Railway Co. in the first BIPA class action to go to trial.
February 24, 2023 Liability Litigation

Lawsuits Stacking Up Against Norfolk Southern Over Train Derailment And Chemicals Released

Lawsuits Stacking Up Against Norfolk Southern Over Train Derailment And Chemicals Released

Norfolk Southern Railway and Norfolk Southern Corp. are facing multiple lawsuits, including class-action suits seeking over $5 million in damages, following a train derailment and release of toxic chemicals in East Palestine, Ohio, on February 3.
February 23, 2023 Liability Litigation Ohio

Trends in Class-Action Litigation

Trends in Class-Action Litigation

On Oct. 12, 2022, the Illinois Biometric Information Privacy Act (BIPA), a state law that restricts collection of biometric data, made headlines again when a Chicago jury rendered a $228 million judgment against BNSF Railway Co. in the first BIPA class action to go to trial.
February 20, 2023 Liability Litigation Technology

CMS Moves Forward With Hefty Civil Monetary Penalties For Noncompliance

CMS Moves Forward With Hefty Civil Monetary Penalties For Noncompliance

Primary workers' compensation, general liability, and no-fault claims payers should be on alert for civil monetary penalties of up to $1,000 per day, per claim, which will be issued against noncompliant claims payers beginning spring 2023.
February 9, 2023 Auto Legislation & Regulation Liability Workers' Compensation

Courts Rule On Additional Insured Endorsements And Vicarious Liability

Courts Rule On Additional Insured Endorsements And Vicarious Liability

Since the advent of the modern Insurance Services Office, Inc. (ISO), standard additional insured (AI) endorsement in the early 2000s, many insurance companies have advocated for an exceedingly narrow application, arguing that coverage is available only for the AI's vicarious liability for the named insured's acts or omissions.
February 8, 2023 Liability Litigation

Class Action Negligence Suit Filed Over Ohio Train Derailment

Class Action Negligence Suit Filed Over Ohio Train Derailment

Four days after a fiery train derailment in East Palestine, a local couple and a business owner have filed a class action suit seeking damages from Norfolk and Southern Railroad.
February 8, 2023 Liability Litigation Ohio

‘Physical Loss’ In The Context Of Commercial Property Policies For Covid-19-Related Losses In Pennsylvania

‘Physical Loss’ In The Context Of Commercial Property Policies For Covid-19-Related Losses In Pennsylvania

With the onset of the Covid-19 pandemic in 2020, businesses across the country were forced to shut their doors and turn to their commercial property insurance companies to seek coverage.
February 3, 2023 Liability Property Pennsylvania

Burned Crash Survivor Rejects Auto Companies’ Attempts To Dismiss Her Claims

Burned Crash Survivor Rejects Auto Companies’ Attempts To Dismiss Her Claims

Counsel for a Western Pennsylvania woman who suffered third-degree burns over 70% of her body in a motor vehicle crash over two years ago, has refuted denials of liability from two of the defendants named in the subsequent litigation.
February 2, 2023 Auto Liability Litigation Pennsylvania

J&J Bankruptcy Plan To Avoid Cancer Claims Lawsuits Rejected By Court

J&J Bankruptcy Plan To Avoid Cancer Claims Lawsuits Rejected By Court

A federal appellate court on Monday rejected Johnson & Johnson's attempt to shed its baby powder liabilities by transferring them to a subsidiary and placing that subsidiary in bankruptcy.
January 30, 2023 Liability Litigation

California Court Refuses Summary Judgment To Insurer In COVID Case

California Court Refuses Summary Judgment To Insurer In COVID Case

A Los Angeles state court on Thursday refused to grant an Allianz SE unit's motion for summary judgment in a COVID-19-related business interruption case that was returned to a lower court after a pro-policyholder state appeals court ruling.
January 30, 2023 Liability Property California

Homeowner’s Repeated Burst Pipe Damage Claim Denied By Utility Company

Homeowner’s Repeated Burst Pipe Damage Claim Denied By Utility Company

San Antonio Water System officials have denied a damage claim filed by a Castle Hills homeowner, despite the same water pipe bursting over and over again in the woman's front yard.
January 26, 2023 Liability Property Texas

Missouri Supreme Court Vacates $5.2M Judgement Entered Before Insurer Permitted To Intervene

Missouri Supreme Court Vacates $5.2M Judgement Entered Before Insurer Permitted To Intervene

The Missouri Supreme Court ruled unanimously to overturn a lower court's ruling and held that GEICO should have had a chance to weigh in sooner on the case, and sent the case back to the lower court for further discussion.
January 26, 2023 Auto Liability Litigation Missouri
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