
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

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



