General Business Products Liability

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Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

Eleventh Circuit Recognizes Important Exception to the Eight Corners Rule

Florida courts generally adhere to the Eight Corners Rule when determining whether an insurer has a duty to defend its insured. Under this rule, the duty to defend determination is made by looking only at the terms within...more

Another California Court Does Backflips To Thwart Arbitration And Elevate The Class-Action Device

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T...more

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

Conversations on Goverance: Practical Insights for Public Company Leaders: Crisis Management: Key Questions

We live in a world full of high-stakes, high-profile corporate crises – environmental disasters, product liability issues, data breaches and government investigations, to name a few. No company is immune. Therefore, advance...more

Eighth Circuit Holds Pollution Exclusion Applicable to Carbon Monoxide

In its recent decision in Church Mut. Ins. Co. v. Clay Ctr. Christian Church, 2014 U.S. App. LEXIS 5450 (Mar. 25, 2014), the United States Court of Appeals for the Eighth Circuit, applying Nebraska law, had occasion to...more

GM’s Billion Dollar Week In Washington

Two weeks ago, Toyota agreed to a record $1.2 billion settlement with U.S. regulators for the company’s alleged mishandling of its recall during its unintended acceleration crisis. Now it’s General Motors’ turn under the...more

11th Circuit Affirms Disclaimer Under Pollution Buy-Back Endorsement

In its recent decision in Composite Structures, Inc. v. The Continental Ins. Co., 2014 U.S. App. LEXIS 5258 (11th Cir. Mar. 20, 2014), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had...more

Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of...

The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are never covered by general liability insurance are, in fact, misconceptions. In...more

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state...more

Insuring Your Business - March 2014

In This Issue: - Is That Covered? Timely Reporting of Food Claims - Business Interruption Coverage for Food Recall Claims - Excerpt from Is That Covered? Timely Reporting of Food Claims - When food...more

Insuring Your Business - March 2014: Is That Covered? Timely Reporting of Food Claims

When food producers and distributors are faced with a product recall, one of the most common questions is: How soon, if at all, do you report the claim to your insurance company? The answer is simple—you should be reporting...more

It’s a Matter of Trust: The Garlock Decision as an Impetus for Increased Transparency Legislation in the Asbestos Trust Arena

On January 10, 2014, a bankruptcy court judge considered the estimated asbestos liability for Garlock Sealing Technologies, LLC (Garlock), ultimately determining that liability to be $125 million, a fraction of its previously...more

Safety First – Spotlight on Mandatory Safety Standards

The recent case of Director of Consumer Affairs Victoria v Dimmeys Stores[1] serves as a timely reminder to businesses of the importance of adhering to product safety standards prescribed by the Australian Consumer Law (ACL)....more

No Supreme Court Review of Moldy Washer Cases

Yesterday, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly...more

Wisconsin Supreme Court Declares No Vacancy for Insured in Asbestos Coverage Dispute

In Phillips, et al. v. Parmelee, et al., – N.W.2d –, 2013 WL 6818145 (Wis. Dec. 27, 2013), the Supreme Court of Wisconsin affirmed trial and appellate court decisions in favor of an insurer arguing that an asbestos exclusion...more

Eye on Insurance - A Look Back at 2013 and Forward to 2014

In This Update: Introduction; Financial Institutions; Directors & Officers; Cyber; Professional Indemnity; Liability; Products; Property; Latin America; Reinsurance; and Litigation, Costs & Procedure. Excerpt...more

How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 - Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies....more

Give Me Your Tired, Your Poor, Your Huddled Masses ... But Not Your Plaintiffs: Supreme Court Decision Limits General Personal...

It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing law-suits in the U.S. even...more

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

Canada’s Consumer Product Safety Act: An Update

Canada has a complex legal framework at both the federal and provincial levels that governs the safety requirements for products sold in Canada. The Canada Consumer Product Safety Act (CCPSA) is a broad federal statute that...more

The State and Impact of Florida’s Economic Loss Rule

In March of this year, the Florida Supreme Court departed from established precedent and limited the application of the economic loss rule to product liability cases. The court explained that this was necessary given the...more

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

Class Action Quarterly - Winter 2013, Volume 2, Issue 1

In This Issue: - Is the Ascertainability “Requirement” Plaintiffs’ New Foe? - Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World - Recent Cases of Note - Excerpt from Is the Ascertainability...more

Insuring Your Business - December 2013

In This Issue: Is That Covered? Food Recall Claims and Insurance Coverage for Food Claims: Communicating with Your Insurance Company Excerpt from Is That Covered? Food Recall Claims - Insurance Premiums...more

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