Defending Against The Unavailability Rule

On continuous environmental-injury cases, commercial liability insurers are being sued to pay hundreds of millions of dollars more than their proportionate share, and insurer bad faith is not the basis for the disproportionate liability in these cases.
April 22, 2021 Liability Litigation

$650M Settlement Reached By Insurer And Boy Scouts Of America

After years of legal dispute, The Hartford has entered into a settlement agreement and release with the Boy Scouts of America (BSA), wherein the insurer would pay $650 million (before tax) for sexual abuse claims against the BSA associated with policies mainly issued in the 1970s.
April 21, 2021 Liability Litigation

Montana County Sues Insurer Over Not Paying Full Policy Amount For Crash

Gallatin County and a snowplow driver who was involved in a 2017 collision have filed a complaint in federal district court against Atlantic Special Insurance Company, alleging that the insurer acted in bad faith and breached its contract with the county.
April 20, 2021 Liability Litigation Montana

Four Companies Face California Trial Over Claims They Fueled Opioid Epidemic

Four drugmakers are set to face trial on Monday in a lawsuit by several large counties in California that are seeking more than $50 billion over claims the companies helped fuel an opioid epidemic by deceptively marketing addictive painkillers.
April 19, 2021 Excess & Surplus Lines Liability Litigation California

Average Dog-Bite Insurance Claim Now Tops $50,000

In the year of ‘pandemic pets,’ homeowners’ dog-bite injury claims fell overall, but the total cost of claims spiked to a record level, according to a new analysis of 2020 data from the Insurance Information Institute (III) and State Farm.
April 16, 2021 Liability Property

Court Finds That Reasonable Payment Of A Claim Does Not Satisfy The Texas Prompt Payment Of Claims Act

In Hinojos v. State Farm Lloyds, the Supreme Court of Texas addressed liability under the Texas Prompt Payment of Claims Act (the ‘TPPCA’) when an insurer timely pays only part of a claim.
April 12, 2021 Liability Litigation Texas

When Technology Fails

As the role technology plays in our personal and business lives evolves, so, too, does the liability risk to those individuals and companies that create, design, implement, and service the technology that we rely so heavily on.
April 8, 2021 Liability Technology

Florida Wastewater Reservoir Breach Presents Flood Threat

Officials say drones may have detected a second breach in a Florida wastewater reservoir containment wall that could collapse -- creating what the governor has called a "real catastrophic flood situation."
April 5, 2021 Liability Property Florida

Success In Construction Defect And Accident Matters: Risk Transfer

Throughout my career in practicing insurance-defense litigation, primarily representing developers, general contractors, and homebuilders in construction-defect and construction-accident matters, the most critical key to success has been the ability to identify and transfer risk to the culpable parties.
March 25, 2021 Liability Litigation

Hartford Mulls Potential $23B Merger With Chubb

Chubb Limited is offering to buy The Hartford Financial Services Group Inc. for about US$23 billion.
March 22, 2021 Liability Property

The Risks Lurking In The Gap Between Workers’ Comp And Virus Liability Shield Laws

Ever since COVID-19 made the jump from a fast-spreading virus to a full-blown pandemic, businesses and their insurers have been bracing for liability litigation.
March 17, 2021 Liability Workers' Compensation

Nebraska Auto Repair Shop Blaze Destroys Classic Cars

For six long hours on the night of February 20 firefighters in Auburn, Nebraska battled a blaze which destroyed at least 2 dozen cars at dealership Auburn Auto, many of them classics.
March 17, 2021 Auto Excess & Surplus Lines Liability Subrogation Nebraska

For Moonlighting Cops, Insurance Is The Solution

One of society’s most painful intersections is between the police and the communities they serve.
March 16, 2021 Liability

Unreasonable Conduct Is A Necessary Element Of A ‘Bad Faith Failure To Settle’ Claim

Over the past several years, the insurance industry in California has been plagued by waves of ‘bad faith failure to settle’ claims.
March 10, 2021 Liability Litigation California

The Trend Towards Insurer Intervention In Liability Suits

When insurance coverage is in question for a liability suit, parties initially focus on whether the pleadings require the insurance company to defend its insured.
March 9, 2021 Liability Litigation
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