Liability Insurance

News & Analysis as of

Eleventh Circuit affirms ruling of no coverage based on insured’s failure to cooperate

As a condition to coverage under standard liability policies, the insured is required to cooperate with its insurer. The provision, termed the “cooperation clause,” typically requires the insured to assist with and...more

Changes in Cuba May Impact the Insurance Industry

While much remains to be determined, the recent easing of U.S. restrictions on travel to and trade with Cuba may bring opportunities for U.S. and global insurance companies. However, many questions and obstacles remain. This...more

Rules of the (International) Road: Choosing and Appointing a Distributor

Appointing an agent to sell to businesses in your chosen country on your company’s behalf may be a good first step toward penetrating a foreign market, as we previously discussed in Rules of the (International) Road: Make and...more

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 28, June 23, June 30 and July 22, 2016

The Virginia Supreme Court issued a number of opinions this Spring and Summer in recent terms. Its work resulted in several opinions affecting Virginia local (and state) government law, in the areas of Virginia...more

Contract Interpretation: Whether The Contract Is A Non-Insurance Indemnity Agreement Or An Insurance Policy Makes A Big Difference...

In Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal. 4th 541, 187 P.3d 424, 79 Cal.Rptr.3d 721, the California Supreme Court addressed an indemnitor’s duty to defend the indemnitee under a non-insurance indemnity agreement...more

Contaminated Flour – Is Nothing Sacred?

As of August 1, 2016, General Mills had voluntarily recalled some 45 million pounds of several types of raw flour products because E.coli bacteria had allegedly been found in flour produced at the General Mills plant in...more

Augmented Reality Insurance Risks: Gotta Catch ‘Em All

The rising Pokemon Go sensation has dramatically increased the popularity of augmented reality games, but it has also brought with it increased risks and liabilities for both game users and developers alike. For those who...more

New Jersey Court Holds Suits Constitute Interrelated Wrongful Acts

In its recent decision in Old Bridge Municipal Authority v. Westchester Fire Ins. Co., 2016 U.S. Dist., LEXIS 99327 (D. N.J. July 29, 2016), the United States District Court for the District of New Jersey had occasion to...more

CMS’ Web Portal: Final Rule 21 CFR § 411.39 Promises Quick and Efficient Conditional Payment Resolution for Those Able to Abide by...

The Centers for Medicare & Medicaid Services (CMS) has published its long-awaited final rule entitled “Medicare Program: Obtaining Final Medicare Secondary Payer Conditional Payment Amounts via Web Portal.” From the outset of...more

The Court of Appeal redefines the “but-for” causation test for negligence: Losses caused to a lender by a surveyor’s negligent...

In a landmark judgment with wide implications for the lending, refinancing and valuation industries, in Tiuta International Ltd (In liquidation) v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the Court of Appeal, by a two...more

Missouri Governor Signs Bill Promoting Blender Pump Installation Throughout The State

On June 24, 2016, Missouri Governor Jay Nixon signed Senate Bill 657 modifying provisions related to motor vehicles. Under this new law, liability insurance carried by gas stations will expand coverage to include the release...more

Blog: Supreme Court Determines That A Director Cannot Be Liable To An Employee Under The Employers’ Liability (Compulsory...

In Campbell v Gordon [2016] UKSC 38 the appellant, Mr Campbell, was employed by a company as a joiner. Mr Gordon, the respondent, was the sole director of the company. Mr Campbell subsequently suffered an injury while working...more

A Sign of the Times: Philadelphia Insures Against Police Liability Claims Ahead of the Democratic National Convention

Given the current climate of hard-fought elections, law enforcement backlash, and fervent nationwide protests, it is no surprise that the insurance industry is being called upon to mitigate the significant risk surrounding...more

Third Parties (Rights Against Insurers) Act 2010 Comes Into Effect Soon

After years of delay, on 1 August 2016, the Third Parties (Rights against Insurers) Act 2010 will be brought into force in the United Kingdom, making it easier for a party with a claim against an insolvent business to bring...more

Michael’s Law Goes Into Effect Today: Facts vs. Fiction About New Alcohol Law Requirements Under Michael's Law

With Michael’s Law going into effect today, I am getting a lot of calls from hospitality clients in a panic wanting to know what training and insurance requirements are necessary to become compliant with the new statute....more

Some Legislation of Interest

With the end of the 2016 Maryland legislative session and the completion of bill signings by Governor Lawrence J. Hogan, Jr., PK Law highlights several bills of interest to our readers: HB 185: One of the few pieces of...more

Defining the Contours of Cyber Coverage for Data Breach: a Warning in Arizona

A year ago in this space, we looked at the receding wave of coverage litigation regarding whether various cyber-related exposures were covered under traditional policies, such as CGL and professional liability policies. ...more

FAA Releases Commercial Drone Regulations

On Tuesday, the FAA issued its long-awaited commercial drone regulations allowing for a wide range of unmanned aircraft operations without further FAA approval. These regulations are contained in new 14 C.F.R. Part 107 and...more

“What is Our Liability for Wild Animals?” Asks Hoteliers & Other Hospitality-Related Operators After Alligator Attack

On June 15, the nation woke up to their Twitter and Facebook feeds to learn about the horror that had visited a Nebraska family the night before at a Walt Disney World hotel property when a two-year-old boy playing in foot of...more

New Law May Create Coverage for Wage and Hour Claims

Employers continue to face a wave of lawsuits alleging violations of various “wage and hour” statutes (overtime pay, meal and rest breaks, etc.). Employment liability insurers have uniformly denied coverage for these claims...more

Taking Rights over Third Party Insurances

Following the publication of our client alert dated 20th January 2016, we have been asked to consider a series of issues relating to insurance arrangements designed to maximise the benefit of cover for the interests of a...more

Insurance Recovery Law - May 2016

AG's Letter a Prior "Demand," Eliminates Exec's Defense - Why it matters - A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease...more

Oregon Environmental Update: 9th Circuit Finds a Request for Information Letter From EPA Satisfies "Suit" Requirement and Triggers...

On May 11, 2016, in Ash Grove Cement Co. v. Liberty Mutual Ins. Co., No. 14-35298, in an unpublished Memorandum Opinion, the Ninth Circuit affirmed the District Court’s ruling that under Oregon Law, Liberty Mutual and USF&G...more

Product Recalls and Insurance: Considerations to Maximize Covered Expenses

Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. On May 10, 2016, grocery store chain Publix announced a voluntary recall of its cranberry nut and seed mix. Publix learned of...more

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