Specialty Lines

  • June 24, 2022

    Insurer Seeks To Recoup $1.1M Over Malpractice Settlement

    An Illinois-based insurer urged a New Jersey federal court on Friday to let it recoup the $1.1 million that it paid to settle a medical malpractice case, after it said its policyholder falsely stated in insurance applications that the medical imaging firm knew of no circumstances that could result in such a claim.

  • June 24, 2022

    Judge OKs $34M Avis Rental Insurance Settlement

    A Florida federal judge recommended granting preliminary approval Friday on a $34 million settlement Avis Budget Car Rental LLC struck with rental car purchasers that would end the long-running class action over alleged insurance coverage fraud.

  • June 24, 2022

    AIG Settles Fight With Colonial Pipeline Over $67M Gas Leak

    AIG Specialty Insurance Co. and Colonial Pipeline Co. have settled their dispute in the Northern District of Georgia in relation to a $67 million gas pipeline leak, following a mixed bag ruling at the summary judgment stage.

  • June 23, 2022

    Insurer Asks 11th Circ. To Nix $60M Surgery Death Claim

    A Georgia federal court properly rejected a man's bid to recover a $60 million judgment against a medical practice stemming from a liposuction-related death from the practice's insurer, the insurer told the Eleventh Circuit, asking the panel to affirm the lower court's decision.

  • June 23, 2022

    D&O Insurer, Dental Insurer Spar Over Antitrust Suit Coverage

    Allied World Specialty Insurance Co. and a dental insurer each urged an Iowa federal court to rule in their favor in a coverage dispute over underlying antitrust litigation the dental insurer is facing, with the case hinging on the applicability of an exclusion for managed care activities.

  • June 23, 2022

    Insurer Wants Out Of Gaming Co.'s Equity Dispute Settlement

    An RSUI unit doesn't have to cover Rush Street Gaming's settlement with an executive who said he was denied an equity stake after the casino company went public, the insurer told an Illinois federal court, saying a liability policy excludes coverage for claims related to compensation and employment agreements.

  • June 23, 2022

    SXSW Can't Avoid Exclusion In Refund Suit, Chubb Unit Says

    A Chubb unit urged a Texas federal judge to adopt a magistrate judge's recommendation that the insurer doesn't owe coverage to organizers of the South by Southwest festival for a class action brought by refund-seeking ticket holders, arguing SXSW is trying in vain to redraft a contractual liability exclusion.

  • June 22, 2022

    8th Circ. Won't Rehear ERISA Paperwork Mishap

    The Eighth Circuit denied Reliance Standard Life Insurance Co.'s bid for a rehearing en banc Tuesday, after a three-judge panel found that the life insurer violated the Employee Retirement Income Security Act by mishandling a policyholder's enrollment in supplemental life insurance.

  • June 22, 2022

    Insurer Owed LA Port Operator Defense From City, Judge Says

    A Los Angeles company that formerly ran a city-owned port won a partial judgment against United National Insurance Co. on Tuesday when a California federal court found that the insurer was obligated to defend it in an underlying lawsuit from the city.

  • June 22, 2022

    GAO Warns US Gov't About 'Catastrophic' Cyber Risk

    Cyberattacks targeting critical infrastructure may "affect entire systems and result in catastrophic financial loss" beyond what can be covered by private insurance or government backstops, the U.S. Government Accountability Office warned in a report that recommends joint federal action to study growing cyberinsurance risks.

  • June 21, 2022

    Landlord Seeks Coverage For Capital Gazette Shooting Suits

    The Capital Gazette's landlord asked a Maryland federal judge to require the newspaper's insurer to defend it in underlying suits over the 2018 shooting at the paper's office, arguing that it was listed as an additional insured on the Chubb unit's policy.

  • June 21, 2022

    Pa. City Not Covered In Police Officer's Latest Employment Suit

    A police officer's employment lawsuit fell between the cracks of a Pennsylvania city's separate insurance policies with State National and Travelers units, a federal judge ruled, finding the officer's case fell outside the former's policy period while his related suits doomed coverage under the latter's policy.

  • June 21, 2022

    Mo. Appeals Panel Upholds Nationwide's UIM Coverage Win

    Nationwide doesn't owe underinsured motorist coverage to its policyholder who was injured while driving his employer's vehicle, a Missouri appellate panel affirmed Tuesday, agreeing with a lower court that the policy's "other insurance" clause precluded coverage.

  • June 21, 2022

    High Court Won't Hear Medical Cannabis Insurance Challenge

    The U.S. Supreme Court on Tuesday declined to hear an appeal from a medical cannabis patient challenging whether federal drug policy should preempt state laws requiring compensation for certain medical cannabis costs.

  • June 21, 2022

    Insurer, Hotels Drop Dispute Over Sex Trafficking Cases

    An insurer has ended its suit seeking to avoid covering hotel companies that were facing negligence and liability claims in sex trafficking cases, telling a Georgia federal judge that the underlying litigation has been settled.

  • June 17, 2022

    The Law360 400: Tracking The Largest US Law Firms

    As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs.

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 17, 2022

    Accellion Can't Shake AIG's Suit Over Data Breach Coverage

    A Florida federal judge has dismissed two claims but allowed a breach of contract claim to move forward in a lawsuit that insurer AIG is pressing against Accellion Inc. to recover the more than $1 million it spent covering a university that was swept up in a cyberattack that hit the software vendor last year.

  • June 17, 2022

    Texas Justices Deny $3M Premium Tax Refund To Blue Cross

    Blue Cross Blue Shield of Texas is not entitled to a $3 million tax refund on its stop-loss insurance policies because those policies are considered health insurance under the law, the Texas Supreme Court ruled Friday.

  • June 17, 2022

    Firm Faces Skeptical 9th Circ. In 'El Chapo' Insurance Dispute

    A private equity firm faced a skeptical Ninth Circuit panel Friday in trying to revive claims that its insurer must cover underlying litigation over a facility it sold that was overrun by El Chapo's drug cartel, with two judges saying the firm appears to contradict arguments it made previously.

  • June 17, 2022

    Insurer Wants Out Of Covering Doctor's Sexual Abuse Suits

    A medical malpractice insurer doesn't have to cover its doctor policyholder who is accused of sexually abusing child patients, it told a Texas federal court, arguing that those accusations fall outside the scope of covered "professional services" and that the doctor failed to cooperate with requests for information.

  • June 17, 2022

    Hauling Co. Can't Toss Crash Coverage Suit, Insurer Says

    An insurer urged a Georgia federal judge to reject a food hauling company's attempt to end a coverage suit over a fatal truck crash, arguing a separate state court case "differs significantly" from the federal one despite involving many of the same parties.

  • June 17, 2022

    2nd Circ. Says Allstate Must Cover Dry-Cleaning Injury Row

    Allstate must defend and indemnify a man and his company facing personal injury claims over a fallen dry-cleaning press, the Second Circuit ruled Friday, reversing a New York federal court decision that found a Nationwide unit insuring the business was on the hook for coverage instead.

  • June 17, 2022

    Insurer Says Generator Co.'s Coverage Dispute Is Premature

    Kinsale Insurance Co. asked a California federal court to toss a policyholder's bid for coverage of a claim made over a generator repair failure, saying the mere threat of litigation against it makes the action premature.

  • June 16, 2022

    AIG Demands Docs From Bank In $18.6M Coverage Dispute

    A bank seeking $18.6 million in coverage for what it spent on a lawsuit with Florida financial regulators must produce scores of documents related to that underlying litigation, AIG told a California federal court, arguing insurers need that information to determine their coverage obligations. 

Expert Analysis

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • Bankruptcy Case May Help Define Surety Executory Contract

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    Next week’s Fifth Circuit oral argument in Argonaut Insurance v. Falcon V is of great interest to the surety industry as this case presents an opportunity for the court to address several unsettled questions on whether a tripartite arrangement, such as a surety bond program, is an executory contract for bankruptcy purposes, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Insurer Implications As 3 Climate Suits Return To State Courts

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    Three federal circuit courts recently remanded climate change lawsuits brought by state and local governments against major energy corporations back to state courts, where plaintiffs are more likely to succeed, thus significantly increasing their insurers' and reinsurers' exposure to defense costs and judgments, say José Umbert and Jason Reeves at Zelle. 

  • 6 Rulings Reinforce BIPA Coverage For Illinois Policyholders

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    Six well-reasoned recent decisions in the Northern District of Illinois have considerably strengthened policyholders’ arguments for commercial general liability coverage in lawsuits brought under the Illinois Biometric Information Privacy Act, say attorneys at Neal Gerber.

  • How Boards Can Address Insurance-Based Caremark Risk

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    Recent bankruptcy proceedings, such as Purdue Pharma's, highlight that insurance is critical to ensuring an organization's solvency and ability to pay claimants, making it important for boards to prioritize adequate insurance and risk-management as core Caremark responsibilities, say attorneys at Cooley.

  • 4th Circ.'s Allen Trust Opinion: A New Class Action Primer

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    The Fourth Circuit's recent opinion in Allen Trust v. Banner Life Insurance is likely to become an oft-cited instruction manual for Rule 23(b)(3) class action certification and settlement in the circuit, because of how it effectively addresses the three major issues that dominate class action litigation, say David Anthony and Justin Golart at Troutman Pepper.

  • What Microcaptive Reporting Ruling May Mean For The IRS

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    In CIC v. Internal Revenue Service, a Tennessee federal court’s decision to set aside an IRS requirement to disclose microcaptive insurance arrangements may be a step toward evidentiary standards to show that the potential for abuse in a lawful transaction is sufficient to support heightened disclosure requirements, says Samuel Lauricia at Weston Hurd.

  • 7 Policy Terms Defensive IP Coverage Buyers Should Note

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    To maximize defensive intellectual property insurance — coverage that will defend and indemnify the insured against suits alleging infringement — the technology startups driving the post-pandemic economic recovery should be focusing on specific terms within the manuscripted policies, says Micah Skidmore at Haynes and Boone.

  • 3 Insurance Lessons From Target Data Breach Ruling

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    In Target v. ACE American Insurance, a Minnesota federal court recently recognized that commercial general liability policies cover losses arising from data breaches, providing useful lessons for policyholders, including a perspective on occurrence and loss of use, say attorneys at Pasich.

  • Del. Related Claims Ruling Is Good News For Insurers

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    The Delaware Supreme Court recently denied coverage for a shareholder class action in First Solar v. National Union First Insurance, rejecting the test for assessing relatedness-based coverage issues, and opening the door for insurers to rely on specific policy wording when evaluating related claims, say attorneys at Troutman Pepper.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.