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Top General Liability Insurance Rulings of 2022

Law360 Insurance Authority / Shane Dilworth

  • January 2, 2023

Persuasive rulings in emerging commercial general liability coverage disputes made the past year very interesting for both sides of the insurance bar, with each being able to celebrate notable victories.

The ripple effects of some of those wins, namely for carriers wanting out of defending suits brought by governments over the opioid epidemic, are already being acknowledged by some courts. Rulings favoring policyholders in coverage fights over suits for injuries caused by a toxic sterilizing agent and contributions toward lead paint settlements, however, may take more time to have an impact.

Here, Law360 takes a look at the biggest rulings of 2022.

. . .

William Passannante of Anderson Kill PC told Law360 that while the New York appellate court's March ruling acted as the primer, the Ohio Court of Appeals' September decision was the finishing coat that really shined.

Passannante, who also represents policyholders, explained that the most important cases young lawyers should cite when crafting briefs should be those that reverse a trial court's previous ruling finding in the opponent's favor, which was the result in the Ohio case.

He said that even though the New York appeals court's decision in NL Industries is persuasive, the Buckeye State ruling may prove to be a more powerful precedent.

Passannante said he found it interesting that the Sherwin Williams court explicitly followed what happened in NL industries, but did it to reverse the trial court ruling.

To read the full article, please click here (subscription required).

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