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Common Pitfalls of Extra-Contractual Risk Exposure

Common Pitfalls of Extra-Contractual Risk Exposure

In recent years, there have been changes across jurisdictions, expanding the scope of potential liability for bad-faith damages. In addition, there are challenges in navigating the continued erosion of the attorney-client privilege in bad-faith litigation.
May 13, 2021 Liability Litigation

Public Nuisance Lawsuits and Insurance Coverage Issues

Public Nuisance Lawsuits and Insurance Coverage Issues

Historically, the common law tort of public nuisance aimed to uphold community morals and address public health violations. Now, public nuisance has emerged as a central cause of action in some of the largest environmental and non-environmental claims facing the insurance industry, raising compelling coverage issues.
May 11, 2021 Liability Litigation Risk Management

Excess Policy Not Triggered by Vizio’s Smart TV Litigation Claim

Excess Policy Not Triggered by Vizio’s Smart TV Litigation Claim

An excess D&O insurer had no obligation to contribute to Vizio’s settlement with its primary general liability insurer for liabilities arising from the Smart TV Litigation, a California federal district court has held.
May 10, 2021 Liability Litigation California

Appeal Court ‘Vindicates Aviva’ in Slip-and-Fall Lawsuit

Appeal Court ‘Vindicates Aviva’ in Slip-and-Fall Lawsuit

Commercial liability clients do not have to settle personal injury lawsuits even if the defendants are perceived as having deep pockets, a recent Court of Appeal for Ontario ruling suggests.
May 7, 2021 Liability Litigation

Climate Change Litigation 2.0

Climate Change Litigation 2.0

To date, climate change-related litigation, and the resulting economic and environmental impacts, has been a tort with no successful path for private litigation.
May 6, 2021 Liability Litigation

How to Prevent a Minor Loss From Turning Into a Huge Claim

How to Prevent a Minor Loss From Turning Into a Huge Claim

Although American inventor and Founding Father Benjamin Franklin was not referring to insurance when he penned the famous words ‘time is money,’ today’s risk managers should take the expression to heart if they wish to reduce their companies’ claims costs.
May 4, 2021 Liability Litigation Risk Management

Sexual Harassment and Discrimination Claims Pock the D&O Landscape

Sexual Harassment and Discrimination Claims Pock the D&O Landscape

Directors and officers face a slew of challenges on all fronts as businesses emerge from the COVID-19 crisis into a new risk environment.
May 4, 2021 Excess & Surplus Lines Liability Litigation

Critical Analysis in the Claims Handling Process - One or Multiple Occurrences?

Critical Analysis in the Claims Handling Process - One or Multiple Occurrences?

An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences that may be triggered under the policy.
May 4, 2021 Liability Litigation

11 Injured, 2 Critical in Tennessee Restaurant Deck Collapse

11 Injured, 2 Critical in Tennessee Restaurant Deck Collapse

Eleven people were injured, two critically, when an elevated deck of a Tennessee waterfront restaurant collapsed during a birthday party group photo, authorities said.
May 3, 2021 Liability Property Subrogation Tennessee

California Controversy: Liability And Prescribed Burns

California Controversy: Liability And Prescribed Burns

Across California, property owners and their ‘burn bosses’ are setting fires. When the weather is cool, calm and wet enough, these planned forest fires are designed to clear overgrown vegetation that could accelerate a wildfire in dry months.
April 26, 2021 Legislation & Regulation Liability California

7 Accused Of Running Car Insurance Fraud Ring In Fargo

7 Accused Of Running Car Insurance Fraud Ring In Fargo

Seven people face criminal charges in Fargo for allegedly running a car insurance fraud ring where they crashed into each other’s vehicles and collected insurance money for profit.
April 26, 2021 Auto Fraud Liability North Dakota

Defending Against The Unavailability Rule

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

$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

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 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
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