News & Analysis as of

Liability Insurance

Third-Party Bad Faith Is Dead Again!

by Steptoe & Johnson PLLC on

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Alabama Court Holds Professional Liability Exclusion Applicable to Negligent Inspection

In its recent decision in AIX Specialty Ins. Co. v. H&W Tank Testing, Inc., 2017 U.S. Dist. LEXIS 169787 (M.D. Ala. Oct. 12, 2017), the United States District Court for the Middle District of Alabama had occasion to consider...more

Insuring your drone – What type and how much insurance is enough?

by Dentons on

Drone insurance: does your company really need it? Yes, and here are some of the reasons why and tips to keep in mind....more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

InsureTech Connect 2017 Panel Discussion: Maximizing Profits via Products and Alternative Business Model Innovation

by Mintz Levin on

After being in the insurance industry for several decades in a variety of roles, I frequently get asked which insurtechs I think are going to be successful. In sum, I believe the insurtechs best positioned for success are...more

Blunt Talk about Cannabis and Insurance

by Pessin Katz Law, P.A. on

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

by Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Considerations For Your EPLI Policy

by Fox Rothschild LLP on

All of this news about hurricanes and the tragic images of people losing their homes (and everything in them), takes me back to advice my father gave me years ago, which was: You need insurance for things you can’t afford to...more

Sharply-Divided Washington Supreme Court Holds That Sureties, Like Insurers, Must Pay Attorney Fees to Prevailing Parties When...

by Pepper Hamilton LLP on

King Cnty. v. Vinci Constr. Grands Projets/Parsons RCI/ Frontier-Kemper, JV, No. 92744-8, 2017 Wash. LEXIS 743 (July 6, 2017) - King County contracted with three construction firms (collectively, “VPFK”) to construct a...more

Indemnities and insurance for directors and employees

by DLA Piper on

Company directors and employees must be aware of their rights and the requirements that relate to companies indemnifying, and providing insurance for their actions as directors or employees. Simple misunderstandings of the...more

Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit

An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more

California Appellate Court Reaffirms Principle That a Liability Insurer’s Primary Concern Should Be Protecting Its Insured’s...

by Reed Smith on

When liability insurers dispute coverage it is often necessary for insureds to bring coverage actions while the underlying liability suits are pending. In those cases, there frequently will be overlapping factual issues...more

Tribes Really Need More Than Sovereign Immunity Defense

The title of this article might seem familiar — it should. A year ago we published an article titled “Tribes Need More Than Just The Sovereign Immunity Defense.” In that article, we advised tribes about the value of liability...more

What You Need to Know About Additional Insured Endorsements

A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its policies of insurance as an additional insured and...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Can a Real Estate Agent be Liable for Injuries at an Open House?

Woodland Hills personal injury attorney Barry P. Goldberg is consulted more often than you might think by potential clients injured on the property of a home they were thinking about buying. It is a relatively common...more

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

Time to Elevate Insurance Provisions That Allocate Loss: Enhancing Coverage Under Executive Risk Liability Policies

by King & Spalding on

One of the primary functions of an executive risk liability policy, such as a directors and officers (“D&O”) liability policy, is to protect companies from the risk of covering costs incurred in the defense of its corporate...more

The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy

As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an apple? “We have a specific name for it, presumably, to distinguish it...more

The New 2017 AIA Contract Forms Add Exhibit A Requiring Greater Specificity in Contractually Required Insurance

by Pierce Atwood LLP on

In negotiating contracts based on the AIA’s widely-used construction industry forms, construction owners and contractors will soon start seeing the AIA’s new seven-page Insurance “Exhibit A,” which requires a more...more

Bank Holding Company Execs Not Entitled to Insurance Coverage

Is a bank holding company that owns and operates banks the same entity both pre- and postbankruptcy filing for the purposes of pursuing directors and officers (D&O) insurance coverage? Yes, the U.S. Court of Appeals, Sixth...more

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

by Carlton Fields on

Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Sixth Circuit’s holding that debtor in possession and liquidating trustee are one in the same for purposes of...

by Butler Snow LLP on

The Sixth Circuit Court of Appeals recently took up the controversial issue of whether a liquidating trustee’s lawsuit, alleging breach of fiduciary duty against a corporate debtor’s officers, falls within the...more

Is Recent Legislation a Prediction of Statutory Dram Shop Liability?

by Nexsen Pruet, PLLC on

There is no question; drunk drivers are a danger to everyone on the road – including themselves. Recognizing that, many states have enacted dram shop laws; laws that hold restaurants or bars that overserve patrons and then...more

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

by Ward and Smith, P.A. on

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

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