Specialty Lines

  • January 12, 2023

    Transport Co. Says Insurer Shouldn't Be Rewarded For Breach

    After years of refusing to cover dozens of trailers stolen from a transportation company, Markel Insurance Co. shouldn't be rewarded by being allowed to pay a much lower amount in damages than the losses are now worth, the company told a Pennsylvania federal court.

  • January 12, 2023

    Party Co. Says Insurer Can't Duck 'Trackless Train' Claims

    A Las Vegas party rental business urged a Nevada federal court to reject its insurer's bid to avoid covering it for claims stemming from an overturned "trackless train" at a birthday party, saying the insurer can't rescind its policy over the temporary lapse of a business license.

  • January 12, 2023

    Before Insurance Trial, Duke Seeks $16M For Antitrust Suits

    Duke University asked a North Carolina federal judge to find it can collect $15.7 million plus interest from an insurer to cover two antitrust class actions blaming Duke and the University of North Carolina for colluding to suppress medical wages, before the insurance case goes to trial this month.

  • January 12, 2023

    Elder Care Facility Not Covered For Death Suit, Insurer Says

    An insurer doesn't have to defend an assisted living facility from a wrongful death suit alleging that an elderly man died after drinking a "COVID-19 sample solution" and escaping from the facility, the carrier told an Illinois federal court, arguing the suit was filed after the policy's reporting window expired.

  • January 12, 2023

    Ind. Panel Overturns Models' Bid To Arbitrate Coverage Fight

    Models who settled with Indiana strip club owners over advertising injury claims cannot battle with Indiana Casualty Co. in arbitration to recoup the total settlement amount, a state appeals court ruled, finding their claims were either late or predated the incorporation of an arbitration provision in the owners' policies.

  • January 12, 2023

    Insurer Fights Law Firm's Bid For Malpractice Case Coverage

    An insurance company has told a Tennessee federal court it shouldn't have to honor the $1 million liability policy it sold to a law firm because when the firm president renewed the policy, he didn't disclose that a malpractice claim could be coming.

  • January 12, 2023

    Paramedical Services Co. Settles TCPA Suit Over Robocalls

    A paramedical services provider that gathers information for life, disability and group insurance underwriting and a customer who brought a proposed class action accusing the company of sending unwanted robocalls told an Illinois federal judge Wednesday that they settled the suit.

  • January 11, 2023

    6th Circ. Rejects Farms' Challenge To Arbitration Awards

    The Sixth Circuit on Wednesday refused to revive two farms' petitions to nullify arbitration awards granted to their insurers in coverage disputes over damaged crops, determining that both farms sought the incorrect legal path and that even if following the correct proceedings their claims would still be untimely.

  • January 11, 2023

    COVID Travel Suit Has No Business In NJ, Insurer Says

    U.S. Fire Insurance Co. asked a New Jersey federal court to toss a proposed class action from Washington and Utah residents who purchased group travel insurance for trips that were canceled because of COVID-19 restrictions, arguing they have no standing to sue in the Garden State.

  • January 11, 2023

    Mo. High Court Vacates $5M Geico Payout In HPV Suit

    The Missouri Supreme Court vacated a $5.2 million judgment over a woman's claim that she contracted HPV during sexual encounters in a Geico policyholder's car, finding that the insurer wasn't given the opportunity to intervene in the lawsuit before judgment was entered.

  • January 11, 2023

    Hertz, Insurer Resolve Spat Over Del. Coverage Suit

    An excess insurer for Hertz agreed to drop its lawsuit asking a New York federal court to block the rental car company from suing the carrier in Delaware state court over coverage related to a U.S. Securities and Exchange Commission investigation, a New York federal judge said.

  • January 11, 2023

    2nd Circ. Unsure Of Shipper's 'Mosaic' Of Lost Policy Terms

    A shipping company's argument that its "mosaic" of evidence proved the terms of a lost insurance policy that would cover a $4.6 million asbestos injury settlement seemed unpersuasive to a Second Circuit panel, with judges appearing skeptical that the evidence painted a clear picture of the insuring agreement's terms.

  • January 11, 2023

    Credit Union, Insurer Settle $4.75M Defamation Coverage Fight

    A credit union and its insurer have agreed to dismiss a dispute over coverage of a $4.75 million settlement reached in an underlying class action that accused the financial institution of issuing defamatory information to credit reporting agencies.

  • January 10, 2023

    Tulane, Insurers Finalize Settlement Of COVID Coverage Suit

    Tulane University has finalized COVID-19 coverage settlements with its insurer and broker, ending their dispute over up to $10 million in expenses for pandemic mitigation efforts.

  • January 10, 2023

    Sex Abuse Sublimit Applies To Counseling Co.'s Lawsuit

    A counseling services company cannot get more than a $100,000 sublimit in coverage for an underlying lawsuit accusing one of its employees of sexually abusing a teen, a Pennsylvania federal court said.

  • January 10, 2023

    Bank Denied Redo In ATM Fraud Coverage Suit

    An Oklahoma federal judge on Tuesday rejected a bank's request for a redo on the court's decision that the notice-prejudice rule does not apply to financial institution bonds, saying the bank hasn't alleged the existence of new law or evidence.

  • January 10, 2023

    Software Co. Drops Insurer From Oracle Suit Coverage Row

    A software company dismissed an AIG-owned Lloyd's syndicate from its lawsuit seeking coverage for underlying litigation related to a copyright infringement battle with Oracle, the software company told an Illinois federal court, leaving only one insurer remaining in a dispute that originally included five.

  • January 10, 2023

    Ohio Coverage Ruling Won't End 'Silent Cyber' Fight

    The Ohio Supreme Court's ruling that a medical billing company doesn't have coverage for a ransomware attack under a property policy is a boon for insurers, but it's unlikely to be the final word in the ongoing debate over so-called "silent cyber" risks, attorneys say.

  • January 10, 2023

    Other Insurer Must Cover Waste Worker's Suit, Starr Unit Says

    A trucking company's auto insurer must cover the costs of a bodily injury lawsuit brought by a waste management worker, Starr Indemnity & Liability Co. told a New York federal court, saying that any coverage under its own policy, to the extent coverage attaches, should be excess.

  • January 09, 2023

    Contractor Gets Win Over Insurer In Atty Fee Dispute

    Two insurers must pay the majority of legal fees a contractor racked up in pursuing a motion to compel in the sides' coverage dispute, a Washington federal judge ruled, rejecting the insurer's argument that it shouldn't have to pay because only part of the motion was granted.

  • January 09, 2023

    Atty Loses Bid For Legal Malpractice Coverage

    An insurer for an attorney accused of misleading a client in a real estate deal doesn't need to cover the attorney in the underlying litigation, a New York federal court said Monday.

  • January 09, 2023

    Geico Accuses NY Psychologists Of Car Insurance Fraud

    Geico accused two New York psychologists and other entities of running a kickback scheme to fraudulently bill more than $1.2 million in no-fault insurance claims stemming from automobile accidents, according to a suit the insurer filed in New York federal court.

  • January 09, 2023

    Contractor Owes $1.2M For Failed City Project, Insurer Says

    A contractor that botched a city project must pay $1.2 million to cover a Nationwide unit for claims made against a performance bond, the insurer said in a lawsuit filed in Washington federal court.

  • January 09, 2023

    Atos Not Covered For Trade Secrets Suit, Insurer Says

    A Liberty Mutual unit shouldn't have to defend a subsidiary of French information giant Atos in a lawsuit alleging misappropriation of trade secrets and copyright infringement, the insurer told a New York federal court, arguing that the company was late to provide notice of the underlying claim by more than three years.

  • January 06, 2023

    Assurance IQ Shakes Website Activity Tracking Fight For Now

    A California federal judge has axed a proposed class action accusing Assurance IQ and its software vendor of unlawfully recording website visitors' keystrokes and electronic communications, although he gave the plaintiff another chance to amend his claims in a dispute that has been widely credited with fueling a nationwide spike in similar lawsuits. 

Expert Analysis

  • What Cos. Can Glean From Early Cyber Policy Cases

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    Insurance claims for cyberattacks under cyber-specific policies have thus far been less contested than claims brought under commercial, crime and professional liability policies, however that may be changing, as cyber losses and liabilities continue to escalate and the market hardens, says Daniel Healy at Anderson Kill.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • What Insureds Should Look For In Excess Policies

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    A recent California appellate court decision, Truck Insurance Exchange v. Kaiser Cement, demonstrates how courts will protect policyholder expectations against primary insurance carriers' actions that might restrict available excess coverage, and highlights how insureds should be diligent in reviewing excess policies on primary erosion, say Courtney Horrigan and Elizabeth Taylor at Reed Smith.

  • Political Risk Insurance May Help Cos. Hurt By Russian War

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    As Russia’s war on Ukraine causes severe economic fallout, it’s crucial that U.S. companies with operations in the region understand what losses might be covered by their political risk insurance policies, and take steps to ensure that all available coverage is preserved and maximized, says Micah Skidmore at Haynes and Boone.

  • Recent Rulings May Support False Claims Act Coverage

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    Following a banner year for U.S. Department of Justice recoveries in False Claims Act cases and with FCA investigations likely to grow, companies and executives facing FCA exposures may find support in recent policyholder-friendly decisions for both their underlying defense and related insurance claims, says Geoffrey Fehling at Hunton.

  • Anticipating Cyberinsurance Wartime Exclusion Questions

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    Amid threats that Russia and Moscow-sponsored groups may increase malicious cyberattacks, businesses can mitigate risk by analyzing how war and hostilities exclusions apply to their insurance policies and maintaining a comprehensive record of government cyberattack warnings, say Steven Stransky at Thompson Hine, David Finz at Alliant and Rick Yocum at TrustedSec.

  • Check Your Policy Fine Print For Cyberwarfare Coverage

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    Given increasing risks of cyberwarfare following Russia's invasion of Ukraine, and with a recent policyholder-friendly ruling in Merck v. ACE from a New Jersey state court, those insured should take notice of certain insurers' expansive changes to war exclusions to broadly include cyberattacks, say Philip He and Colin Kemp at Pillsbury.

  • How To Negotiate Better D&O Coverage For Antitrust Matters

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    In light of the Federal Trade Commission's recent indication that it will ramp up antitrust enforcement, Geoffrey Fehling and Christopher Dufek at Hunton discuss several issues corporate policyholders should review when placing and renewing directors and officers insurance coverage.

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Examining Event Cancellation Coverage As COVID Lingers

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    Recent pandemic-related postponements from the NBA, NFL and Grammys, coupled with COVID-19 being excluded from new event cancellation policies, highlight the need for event organizers to explore cancellation risks and how specialty coverage can serve as a tool for mitigation, say Jorge Aviles and Andrea DeField at Hunton.

  • What Cos. Should Know About D&O Policy Landscape In 2022

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    Directors and officers liability insurance issues are likely to evolve this year against the backdrop of a new COVID-19 variant, rising inflation and other developments, particularly with regard to antitrust-related enforcement, special purpose acquisition companies, pandemic-related liability and cybersecurity, says Christina Lincoln at Robins Kaplan.