Commercial General Liability Policies, Appeals, Employer Liability Issues

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

Spilman Thomas & Battle, PLLC on 6/16/2025

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

May 2025 Insurance Update

Rivkin Radler LLP on 5/23/2025

We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on 4/14/2025

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on 6/4/2024

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

Carlton Fields on 11/2/2015

Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

In an Opinion with Far-Reaching Implications, the Second Circuit Finds Insurance Coverage for an ERISA Claim

K&L Gates LLP on 6/17/2014

When a general liability policy expressly provides coverage for employee benefits liability and the plaintiff in the underlying suit alleges a violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), does...more