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Insurance Products Liability Civil Remedies

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

District of South Carolina: No Support For Award of Punitive Damages Where Insured Failed To Prove Recklessness by Insurer

by Saul Ewing LLP on

Liberty Mut. Fire Ins. Co. v. JT Walker Indus., Inc., No. 2:08-02043-MBS, 2014 WL 6773517 (D.S.C. Dec. 2, 2014). The U.S. District Court for the District of South Carolina sets aside a jury’s verdict awarding punitive...more

Insurance Recovery Law -- December 2014

Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker - Why it matters: An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more

North River Ins. Co. v. Mine Safety Appliances Co., — A.3d —, 2014 WL 5784588 (Del. 2014)

by Morris James LLP on

Mine Safety Appliances Company (“MSA”), a safety appliances company, faced a multitude of personal injury claims due to alleged defects in its safety equipment. MSA, in turn, sought costs, including legal fees, costs of...more

Finding Insurance Coverage for Consumer Products Class Action Complaints

Consumer class action claims are a familiar tool for addressing dissatisfaction with a defective product. Given that one of the goals of a consumer class action claim is to recover damages for the claimants, triggering...more

Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit

In CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, L.L.P., the United States Court of Appeals for the Third Circuit recently held that a $100,000 sub-limit for claims involving employee misappropriation, misuse,...more

Pennsylvania Supreme Court Declines To Review Pro-Policyholder Decision; Contrary Arguments Possible

by McCarter & English, LLP on

For years, product manufacturers relied on commercial general liability policies to defend and indemnify them for product liability claims. Although these policies may exclude coverage for pure economic loss or for damage to...more

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

by Gilbert LLP on

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

Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations

by Gilbert LLP on

Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances. Originally published...more

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company...more

Supreme Court Denies Certiorari in MAO’s Double Damages Case

On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare...more

California Court Addresses Horizontal Exhaustion Requirement

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

Economic Loss Rule Now Applies Only in the Products Liability Context

by Wilson Elser on

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Economic Loss Rule Now Applies Only in the Products Liability Context

by Wilson Elser on

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

by Holland & Knight LLP on

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court...more

A Maze of Uncertainty: Pennsylvania Products Liability Law Remains in a Confusing State of Flux

by Daniel E. Cummins on

Attorney Daniel E. Cummins of the Scranton, Lackawanna County, Pennsylvania insurance defense firm, Foley, Comerford & Cummins provides this detailed analysis of the current state of Pennsylvania Products Liability Law. ...more

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

by Gilbert LLP on

On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of...more

Hot Stuff and Little Lady: Two Food Recall Insurance Coverage Cases with Two Different Outcomes

by Gilbert LLP on

A U.S. district judge in South Dakota has recently interpreted a provision of an accidental product contamination insurance policy in favor of the policyholder, finding that a recall resulting from the failure to include...more

Florida Court Finds No Coverage for Chinese Drywall Claim

In its recent decision in First Specialty Insurance Corp. v. Milton Construction Co., 2012 U.S. Dist. LEXIS 97972 (S.D. Fla. July 16, 2012), the United States District Court for the Southern District of Florida had occasion...more

Employers’ Liability for Mesothelioma Claims in the UK – Are You Covered?

by K&L Gates LLP on

The United Kingdom Supreme Court recently handed down a decision in what is known as the EL Trigger case, wherein the Court has finally decided which Employers’ Liability (“EL”) policy or policies should respond to indemnify...more

Illinois Court Addresses Liquor Liability Exclusion

In its recent decision in Netherlands Insurance Co. v. Phusion Projects, Inc., 2012 U.S. Dist. LEXIS 5222 (N.D. Ill. Jan. 17, 2012), the United States District Court for the Northern District of Illinois had occasion to...more

Should the insurers pay?

by Chris Robinson on

In the light of the PIP breast implants scandal a brief summary of how business liability insurance works in the UK with reference to product liability and product recalls...more

Tackling Pollution Exclusions To Chinese Drywall Claims

by Zelle LLP on

Originally published in Insurance Law360 - November 8, 2011. Federal and state courts in Virginia, Florida, and Louisiana have now published at least twenty-one rulings on insurance coverage actions related to Chinese...more

Weekly Law Resume - October 27, 2011: Insurance Coverage - "Insured Event"

by Low, Ball & Lynch on

Fresh Express, Inc. v Beazley Syndicate 2623/623 At Lloyd's, et al. Court of Appeal, Sixth District (October 4, 2011) Many manufacturers of consumer goods will purchase specific policies to cover losses associated with...more

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