General liability

Kennedys’ lawyers have vast experience in handling disputes under general liability insurance policies. Our insurer clients issue general liability coverage to small businesses all the way to Fortune 100 companies and face claims of all levels of severity and monetary value. These general liability claims arise from bodily injury, property damage, and advertising injury and include a diverse array of sub-types.  Our lawyers are well versed not only in the insurance coverage issues, but also, the subject matter of the underlying disputes.

• Environmental Losses and Asbestos: Whether it is an underground storage tank leak on a residential property or a multi-site corporate pollution claim spanning several decades, Kennedys has handled it. We also have extensive experience in handling coverage litigation arising from asbestos-related bodily injury and property damage claims, including those involving policyholders such as AT&T and ExxonMobil.
  
  
• Construction Defect: Kennedys regularly represents insurers in connection with construction defect claims against developers, general contractors, subcontractors and other construction professionals. In addition to substantive coverage defenses, these lawsuits typically implicate complex issues of contractual indemnification, additional insured status, and the priority of coverage among applicable insurance. 
  
  
• Products Liability: From pharmaceuticals to popcorn flavoring, our lawyers have handled insurance coverage litigation arising from a variety of allegedly faulty or harmful products manufactured, distributed or sold by our clients’ insureds. Our creative approach has allowed us to achieve favorable results in the face of the unique challenges presented by mass tort litigation, such as the competing interests of multiple insureds and claimants vying for limited insurance assets.
  
  
• Advertising Injury: Kennedys’ experience extends to the personal and advertising injury coverage grant of the general liability policy. We have handled coverage disputes arising from trademark infringement under the US Lanham Act, product disparagement, and misappropriation of advertising ideas. In addition, we have obtained favorable results in defending insurers against claims by policyholders and underlying class representatives to obtain advertising injury coverage for violations of the US Telephone Consumer Protection Act.
  
  
• Sports-Related Head Trauma: Over the last five years, litigation against sports leagues relating to alleged brain injury sustained by athletes has proliferated.  These claims take the form of both class actions and individual lawsuits against professional, collegiate, and youth sports organizations. Kennedys is at the forefront of coverage litigation and dispute resolution involving sports-related head trauma claims, including those asserted against the NFL, NCAA, NHL and WWE.