News & Analysis as of

Liability Insurance Policy Terms

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

Phelps Dunbar on

The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

Carlton Fields on

In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Rivkin Radler LLP

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

Rivkin Radler LLP on

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more

JUSTICENTER

Full Coverage vs. Liability: Which Is Better?

JUSTICENTER on

If you drive a car in California, you almost certainly need insurance in some form or fashion. However, many people are confused by the terms “full coverage” and “liability-only” insurance. Learning about the difference can...more

Wiley Rein LLP

One Claim Can’t Be “Deemed Made” Twice, Minnesota Court Holds

Wiley Rein LLP on

The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related...more

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

Carlton Fields on

On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Hogan Lovells

UK pension trustee liability insurance: Key insights for trustees

Hogan Lovells on

Pension trustee liability (PTL) insurance can be a crucial safeguard for trustees of UK pension schemes. This article explains: the cover typically provided; the importance of timely notifications; exclusions (what isn’t...more

Mandelbaum Barrett PC

Your Guide to New Jersey PIP Laws, Liability Claims, and Car Accident Compensation

Mandelbaum Barrett PC on

Navigating medical expenses after a car accident can be overwhelming, but understanding your options makes all the difference. In New Jersey, Personal Injury Protection (PIP) covers medical bills, and if you have additional...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

Houston Harbaugh, P.C. on

In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more

Sheppard Mullin Richter & Hampton LLP

The California Court of Appeal Interprets the Meaning of “Care, Custody, or Control” in the Context of an Abuse or Molestation...

In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more

Rivkin Radler LLP

December 2024 Insurance Update

Rivkin Radler LLP on

There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Goldberg Segalla

The Duty to Cooperate Under a Liability Policy

Goldberg Segalla on

What is the scope of the insured’s duty to cooperate under a liability policy, and when can a lack of cooperation result in a loss of coverage? Join partners Jeff Matty and Brady Yntema for the answers to these questions as...more

Gray Reed

Master Service Agreement Imposes a Ceiling on Indemnity Obligations

Gray Reed on

Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more

Kennedys

Applicability (or not) of Florida Interpleader Statute 624.155(6)(a) to “Wasting” Policies

Kennedys on

Interpleader is a procedure that enables a stakeholder to deposit funds with the court to allow parties who claim they are entitled to the funds to litigate their respective entitlement. In many states liability insurers are...more

Carr Maloney P.C.

Coverage Exclusion Under Commercial General Liability Policy In Light of OCIP

Carr Maloney P.C. on

Understanding coverage exclusions in a subcontractor’s commercial general liability insurance policy can be a daunting task. What the insuring language of the policy appears to provide, may be taken away through a policy...more

Morris, Manning & Martin, LLP

Insurer Must Defend Hotel from Allegations of Sex Trafficking, Northern District of Georgia Rules

In a recent opinion, the District Court for the Northern District of Georgia has ordered an insurer to defend an insured hotel from allegations that it negligently or intentionally permitted a minor to be trafficked for sex...more

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Woodruff Sawyer

Frequently Asked Questions About Trustee Liability Insurance

Woodruff Sawyer on

Managing the assets left in a trust is a major responsibility: It’s your job to properly manage and administer trust assets to the letter—or potentially face costly legal consequences. In the instance of a lawsuit, trustee...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

K&L Gates LLP on

The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

K&L Gates LLP

Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

K&L Gates LLP on

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”...more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

Carr Maloney P.C. on

This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Maison Law

California Uber Accidents and Personal Injury Claims

Maison Law on

Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

Maison Law on

In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Marshall Dennehey

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage...

Marshall Dennehey on

Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

Warner Norcross + Judd on

Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

87 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide