Specialty Lines

  • February 01, 2023

    Insurer Can't Nullify $2.5M Car Crash Deal, Wash. Panel Says

    American Family Insurance Co. can't scrap a $2.5 million settlement its policyholder reached with a woman he injured in a car accident, a Washington state appellate panel ruled, agreeing with a lower court that the agreement was fair despite some unclear language.

  • February 01, 2023

    Arizona Insurance Chief Exits For DC Fintech Law Firm

    After nearly a decade of public service including leading the Arizona Department of Insurance and Financial Institutions, Evan Daniels is joining Mitchell Sandler as counsel, the firm announced Wednesday.

  • February 01, 2023

    Insurer Gets Partial Win In $1.1M Malpractice Coverage Suit

    A New Jersey federal judge doled out summary judgment wins to both a medical imaging company and its insurer, finding that while the insurer didn't have to cover the company in underlying litigation involving a patient who died after surgery, the company didn't breach its contract.

  • February 01, 2023

    9th Circ. Urged To Interpret Broad Pollution Exclusion Literally

    A USAA unit urged the Ninth Circuit to follow the Alaska Supreme Court and adopt a literal interpretation of an "absolute" pollution exclusion in an insurance dispute over a teen's death from carbon monoxide poisoning, arguing nothing in the exclusion limits its scope to industrial or environmental pollution claims.

  • February 01, 2023

    Travel Insurance Buyers Say COVID Refund Suit Belongs In NJ

    Washington and Utah residents who bought group travel insurance for trips canceled due to COVID-19 restrictions slammed an insurer's bid to avoid a dispute over the coverage, saying that despite the insurer's assertions, they had standing to sue in New Jersey federal court.

  • February 01, 2023

    Geico Off Hook For Covering Child's Shooting Injuries

    Geico has no obligation to cover injuries to a child who was shot by another child while sitting in a vehicle, a South Carolina judge said, finding that the policyholder's car was not an accessory to the child's injuries.

  • January 31, 2023

    Fraudulent Property Transfer Isn't Covered, Title Insurer Says

    A real estate company's title insurer told a New York federal court it doesn't need to cover the company in underlying litigation alleging it intentionally bought a $5.8 million property in the Catskills from individuals unauthorized to sell it in order to defraud the property owner.

  • January 31, 2023

    Berkshire Unit Is Primary Insurer In Trucking Row, Judge Says

    A California federal judge sided with a Swiss Re unit in a dispute with a Berkshire Hathaway unit over which carrier owes primary coverage to a trucking company facing liability claims after a fatal car accident, finding that the Berkshire insurer is primarily responsible under a so-called reciprocity clause.

  • January 31, 2023

    4th Circ. Says Pollution Policy Doesn't Cover Virus Losses

    The Fourth Circuit rejected a hotel chain's COVID-19 coverage appeal on Tuesday, finding that a Virginia federal judge correctly found that the coronavirus wasn't a covered "pollution condition" under the hotels' pollution liability policy with a Chubb unit.

  • January 31, 2023

    Illinois Grocer Says Insurer Can't Escape BIPA Coverage Suit

    An Illinois grocery chain accused of improperly collecting employees' fingerprint data in violation of the state's Biometric Information Privacy Act slammed its insurer's bid to duck coverage, saying in federal court that the three exclusions relied upon by the insurer aren't applicable.

  • January 31, 2023

    Wash. Insurance Chief Unaccountable For Conduct, Staff Says

    Washington Insurance Commissioner Mike Kreidler's refusal to step down following reports that he berated his staff has left many workers in his office embarrassed and frustrated over a perceived lack of accountability, current and former employees told Law360.

  • January 31, 2023

    IT Co., Insurer Settle Ransomware Coverage Fight

    An information technology services provider and its insurer have settled their dispute over coverage for business interruption losses from a 2019 ransomware attack, a Connecticut federal judge said Monday.

  • January 30, 2023

    Waste Co. Covered For Employee Thefts, Court Says

    Berkley Regional Insurance Co. must cover a San Francisco-area landfill operator for revenue it lost due to two separate employee kickback schemes, but a jury should decide on the amount of damages the company is entitled to collect, a California federal judge ruled.

  • January 30, 2023

    Secondaries Insurance Set To Boom As Deals Market Shifts

    The demand for specialized insurance to protect against losses stemming from a seller's breaches of representations or warranties in a secondaries deal is poised to spike in 2023 due to the rise in popularity of the transaction type, as well as insurers' increased familiarity with them, experts say.

  • January 30, 2023

    Customer Hits Assurance IQ With Amended Web Tracking Suit

    The lead plaintiff in a proposed class action accusing Assurance IQ and its software vendor of illegally recording website users' keystrokes and information had no way to know the vendor allegedly wiretapped him during his initial visit to the site, a third amended complaint alleges.

  • January 30, 2023

    Fitness Group's Insurers Settle False Ad Coverage Suit

    Insurers for the National Strength & Conditioning Association settled a dispute in California federal court over coverage of the group in an underlying false advertising suit brought by CrossFit Inc. that accused the association of sullying its reputation by publishing lies.

  • January 30, 2023

    Insurer Can't Dodge Suit Over Payouts For Totaled Vehicles

    A Progressive unit can't escape a proposed class action alleging that the insurer undervalues the actual cash value of vehicles deemed to be total losses, a Tennessee federal court ruled, saying the class plaintiff can pursue her breach of contract and bad faith claims.

  • January 30, 2023

    New Parties Unneeded In D&O Coverage Fight, Judge Says

    An insurer seeking to avoid covering a country club's board members for claims accusing them of self-dealing can't add the parties who brought those claims to the insurance case, a Massachusetts federal magistrate judge ruled, rejecting the carrier's argument that the underlying plaintiffs are necessary to the litigation.

  • January 30, 2023

    Bank Takes ATM Fraud Coverage Suit To 10th Circ.

    A bank that was hit by ATM scammers using counterfeit debit cards is appealing an Oklahoma federal court's ruling that it can't get coverage for its losses under a financial institution bond, setting the stage for the Tenth Circuit to rule on a question of first impression in Oklahoma.

  • January 30, 2023

    Insurer Drops Suit Over Electrocution Coverage

    An insurer and an engineering company notified a California federal court that both sides have agreed to dismiss a coverage dispute of an underlying action accusing the company of negligently causing the electrocution of a technician.

  • January 27, 2023

    Conn. Justices Reject COVID-19 Coverage Appeals

    The Connecticut Supreme Court rejected two COVID-19 coverage appeals Friday, finding that the Marc Fisher shoe company and a group of medical practices' policies with Hartford units require a "physical alteration," not just a suspension of business.

  • January 27, 2023

    Accountant Seeks Dismissal Of Insurance Rescindment Suit

    An accountant asked a Kentucky federal court to dismiss his insurer's complaint seeking to rescind his policy because he failed to report his indictment on sexual assault charges when applying for a policy renewal, saying it would be better off handled in an underlying state court action.

  • January 27, 2023

    Insurance Regulators Keeping A Close Eye On AI, Big Data

    Insurance regulators haven't been lagging when it comes to big data and artificial intelligence, attorneys at Debevoise & Plimpton LLP said Friday in a webinar, with multiple states issuing regulations last year aimed at avoiding bias and discrimination.

  • January 27, 2023

    Couple Can't Sit Out Coverage Dispute Over Assault Claims

    A couple that said two truck drivers assaulted them at a rest stop must remain in a dispute over whether the employer of the drivers is covered by its insurance policy, a California federal court ruled.

  • January 27, 2023

    Texas High Court To Hear Exxon's $20M Injury Coverage Row

    The Supreme Court of Texas agreed on Friday to hear a $20 million coverage fight between ExxonMobil Corp. and two insurers over whether Exxon can tap the umbrella policies of another company to cover its costs of resolving an injury suit involving two refinery workers.

Expert Analysis

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • A Recovery Option For Lenders With Planes Stuck In Russia

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    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Insurance Perils For Health Providers Using 3D-Printing Tech

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    As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.

  • Insurance Ruling Provides Lessons On Cyberattack 'Twofers'

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    A recent Minnesota federal court decision, SJ Computers v. Travelers, illustrates how an insurance policy with separate limits for computer fraud and social engineering fraud applies to a cyberattack with both components, say Joshua Polster and Laurel Fresquez at Simpson Thacher.

  • D&O Insurer Challenges Amid Market, Economic Turbulence

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    The decline of record market capitalizations, compounded by high litigation and securities class action exposure, leaves directors and officers insurance carriers and issuers facing economic contraction as companies grapple with the institutionalization of environmental, social and governance investment priorities amid a new Cold War, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • Risk Mitigation In Face Of Rising Legal Malpractice Claims

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    As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

  • 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

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    The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

  • What Del. Officer Exculpation Law Means For D&O Insurance

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    Following a recent Delaware code amendment to allow corporate exculpation of officers, businesses considering whether to update their articles of incorporation accordingly should factor in the potential benefits respecting the availability and cost of directors and officers insurance, say Bryan Coffey and Peter Gillon at Pillsbury.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • Insurance Implications For Aircraft Grounded In Russia

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    Russia's invasion of Ukraine and new law that allows the government to ground planes leased from foreign companies threatens massive losses for insurers in the aviation insurance market and necessitates a closer look at which policy exclusions may apply, say attorneys at Hinshaw.

  • What Snap Removal Debate Means For Insurance Disputes

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    A potential circuit split regarding the permissibility of snap removal to federal court, which allows defendants to circumvent the forum defendant rule, is particularly a concern in insurance cases due to the difficulty of removing such cases, and the perception that some state courts are more favorable to policyholders, says Greg Mann at Rivkin Radler.