Specialty Lines

  • 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. 

  • January 06, 2023

    Cyber Outlook For 2023 Is Optimistic, Lockton Pro Says

    After a rocky start to 2022, cyberinsurance rate increases began stabilizing toward the end of the year and will likely continue doing so in 2023, Bill Boeck, U.S. cyber product leader and senior vice president at Lockton Cos., told Law360 in a recent interview.

  • January 06, 2023

    La. Workers Settle BP Oil Spill Claims Against Attys, Insurers

    Louisiana residents have settled a lawsuit they brought against a group of law firms, lawyers and insurance companies over missed relief money following the 2010 BP Deepwater Horizon oil spill, a Louisiana federal judge said in an order Friday dismissing the case.

  • January 06, 2023

    The 5 Strangest Insurance Cases Of 2022

    Insurance protects policyholders from unforeseen situations, but some circumstances are so strange that even insurers could not have predicted them.

  • January 06, 2023

    First American Says Real Estate Atty Can't Be Witness

    A title insurer accused of scheming to avoid providing coverage for the diminished value of property purchased by a policyholder urged a Texas federal judge on Wednesday to bar one of the policyholder's attorneys from doubling as a fact witness in the case.

  • January 06, 2023

    Day Care, Staffer Not Covered In Toddler's Death, Insurer Says

    Progressive Hawaii Insurance Corp. has no duty to defend a now-defunct Memphis, Tennessee, day care center and its former owner from lawsuits over the hot car death of a toddler last year, the insurer said in a lawsuit Friday.

  • January 06, 2023

    Under Armour Says No Clawing Back Investigation Costs

    Under Armour said its insurer can't claw back $10 million in coverage for investigations into the company by the U.S. Securities and Exchange Commission and the Department of Justice, it told a Maryland federal court, saying the investigations aren't related to an earlier claim.

  • January 06, 2023

    Markel Must Pay $1M More In Day Care Injury Coverage Row

    Markel Insurance Co. must pay $1 million more to cover a Kiddie Academy franchisee that helped settle a suit for $6 million over claims of a child's severe injuries, a Maryland federal court ruled, finding that the Markel policy allows for certain coverage limit stacking.

  • January 06, 2023

    Allianz Can't Get Early Appeal Of Bausch's Coverage Win

    An Allianz unit can't yet ask the Third Circuit to weigh in on whether Bausch Health Cos. is entitled to coverage for class actions over an alleged insider trading scheme connected to its failed takeover of Allergan, a New Jersey federal court said.

  • January 05, 2023

    $11M Deal In Insurance Software Breach Fight Gets Final Nod

    A Texas federal judge has granted final approval to an $11 million deal, including $3 million in attorney fees, to end a proposed class action alleging that insurance software provider Zywave Inc. failed to protect more than four million customers' personal data during a 2021 security breach. 

  • January 05, 2023

    Insurer Should Defend Sotheby's In Theft Suit, Judge Says

    General Star National Insurance Co. should defend a Sotheby's real estate unit facing claims from the owner of a Miami-area condo unit that one of Sotheby's agents stole over $3.7 million, a federal magistrate judge said Thursday, finding that the owner's claims are not entirely excluded.

Expert Analysis

  • 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.

  • Securing Coverage For Investors' Political Risk Claims In 2022

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    While recent world events highlight the need for foreign investors to protect themselves from losses related to political instability, businesses should be aware of the ways political risk insurers may seek to deny or delay payment of claims, say attorneys at McGuireWoods.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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    While an Ohio appellate court's recent decision allowing the insured's ransomware attack claim to proceed in EMOI Services v. Owners Insurance may seem significant for insurance jurisprudence, it should not have implications beyond policies specifically insuring damage to software, says Jane Warring at Zelle.

  • D&O Insurance Lessons From The Rise And Fall Of Theranos

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    After the fall of Theranos and the recent criminal conviction of founder Elizabeth Holmes, startups seeking to protect their directors and officers from exposure to personal liability should consider how eye-popping company valuations and other changes to the startup landscape will affect their D&O policies, say Lilit Asadourian and Kathryn Bayes at Reed Smith.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Beyond Insurance: Mitigating Cyber Risk In 2022

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    As insurers move to higher premiums and less coverage for cyberattacks, companies should consider restructuring their risk mitigation strategies for the upcoming year to lessen their reliance on insurance support for data security issues, say professionals at StoneTurn.

  • Justices May Hesitate To Review Calif. Fraud Coverage Case

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    In Adir International v. Starr Indemnity, the policyholders are asking the U.S. Supreme Court to review their challenge of a California law prohibiting insurers from defending insureds in certain consumer protection claims, but the court may not be ready to decide the issue at this time, says Greg Mann at Rivkin Radler.

  • NY Case Shows Insurance Possibility For SEC Disgorgements

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    Directors and officers insurers almost invariably deny coverage for payments described as disgorgements in settlement agreements with the U.S. Securities and Exchange Commission, but the recent decision of New York's highest court in J.P. Morgan v. Vigilant demonstrates how policyholders can negotiate an insurable settlement with the SEC, say Stephen Weisbrod and Tamra Ferguson at Weisbrod Matteis.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

  • M&A Rulings Provide Guidance On 'Bump-Up' Claim Coverage

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    As M&A activity continues to surge, several recent federal court decisions can guide companies in structuring their insurance programs and assessing whether so-called bump-up claims arising from particular M&A transactions may be covered, say Robin Cohen and Orrie Levy at Cohen Ziffer.

  • BIPA Ruling Should Aid Insurers In Privacy Claims

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    Massachusetts Bay Insurance v. Impact Fulfillment Services, a recent decision by a North Carolina federal court finding that a Biometric Information Privacy Act claim was precluded under an insurance exclusion, represents a potentially significant win for insurers due to its broadly applicable contract interpretation, say Joshua Polster and Conor Mercadante at Simpson Thacher.