Specialty Lines

  • December 19, 2022

    No Coverage For US Open Stadium Roof Suit, Court Told

    The construction manager for Arthur Ashe Stadium's retractable roof is not covered for an underlying dispute over a subcontractor's claim of increased costs, the manager's insurer told a New York federal court.

  • December 16, 2022

    Med Supply Co. Can't Duck Recall Coverage Suit, Insurer Says

    A medical supply company can't get out of a coverage dispute over costs of a gown recall by arguing that the Virginia federal court has no jurisdiction, the company's insurer said Wednesday, saying the company has a distribution center in Virginia along with other connections to the state.

  • December 16, 2022

    Trean Insurance Valued At $316M In Takeover By Altaris

    Kirkland & Ellis-led investment firm Altaris, currently a minority owner of Bass Berry & Sims-guided Trean Insurance Group with a 47% stake, has agreed to purchase all the company's outstanding shares in a go-private deal that values Trean at $316 million in total, according to a Friday announcement.

  • December 16, 2022

    11th Circ. Mulls Witness Redo In Yacht Coverage Case

    Eleventh Circuit judges seemed torn Friday on whether to allow Travelers to skirt procedural rules and rely on expert witnesses in a case over whether it owes $2 million in coverage for a sunken yacht, with one judge saying the insurer would probably win if the testimony were allowed.

  • December 16, 2022

    Okla. Court Ends Paycom's Coverage Suit Over SEC Probe

    Online payroll company Paycom's lawsuit against its insurers over defense coverage related to a U.S. Securities and Exchange Commission investigation into its accounting practices was administratively closed because of a proposed settlement between the remaining parties, according to an Oklahoma federal judge's order.

  • December 16, 2022

    State Farm Urges 9th Circ. Not To Reopen Class Action

    State Farm asked the Ninth Circuit to affirm the dismissal of a class action alleging the insurer undervalued policyholders' totaled vehicles when paying out claims, saying the appellate court already rejected a "carbon copy" of the case earlier in 2022.

  • December 16, 2022

    IT Co. Says Insurer Stalling On Theft Coverage Determination

    An information technology company's insurer is dragging its feet on providing a determination of coverage under a crime policy for a theft scheme by its employees, the company told a California federal court, saying it was harmed by the insurer not providing coverage or an explanation for the delay.

  • December 15, 2022

    AIG, Accellion Settle $1M Data Breach Dispute

    AIG and Accellion Inc. have agreed to settle a lawsuit in which the insurance company sought to recover over $1 million it spent covering a university that was swept up in a cyberattack that hit the software company two years ago, the sides told a Florida federal court Thursday.

  • December 15, 2022

    Insurer Says New Suit Clouds Coverage For Oil Co. Pollution

    An insurance company says it still should not have to defend an oil company accused of polluting Alabama waterways because an updated lawsuit in the underlying case does not include new facts that would trigger coverage and creates uncertainty about its duties.

  • December 15, 2022

    Therapy Patients Tell 4th Circ. Insurer Owes Fraud Coverage

    The patients of a defunct child therapy practice urged the Fourth Circuit on Thursday to reverse a decision to relieve an insurer of lawsuits accusing one of the practice's employees of faking her license, arguing the record supports that the practice didn't make a misstatement on its insurance application.

  • December 15, 2022

    Rehab Workers Say Bias Coverage Capped At $5M, Not $2M

    A rehabilitation center accused of racial discrimination should have $5 million in coverage instead of the $2 million argued for by its insurer, the employees alleging the discrimination told a Florida federal court, saying an endorsement adds to the coverage limits instead of capping them.

  • December 15, 2022

    Ind. Law Should Govern UIM Coverage Spat, Pa. Judge Says

    An insurer properly rejected a woman's claim for auto coverage, a Pennsylvania federal judge ruled, finding that Indiana law should govern the dispute and that the Hoosier State permits carriers to deny underinsured motorist coverage when competing policies have identical limits of liability.

  • December 15, 2022

    11th Circ. Says 'Suicide By Cop' Exempts Death Benefits

    The Eleventh Circuit vacated a ruling that allowed beneficiaries of a Florida man who died by what is commonly known as suicide by cop to collect $2 million in death benefits despite the policies' suicide exception, saying the ordinary meaning of "suicide" includes suicide by cop.

  • December 14, 2022

    Metallica's COVID-19 Coverage Suit Tossed

    A California state judge put an end to Metallica's suit seeking insurance coverage for shows canceled during the COVID-19 pandemic, citing its policy's communicable disease exclusion.

  • December 14, 2022

    Target's Trademark Damages Not Covered, Insurer Says

    Target's damages from a trademark infringement suit with a women's fashion company were not compensatory and are clearly excluded from coverage as improper financial gain, an insurer told a Minnesota federal court.

  • December 14, 2022

    Patent Biz's Post-AIA Loss Coverage Suit Sent To Tenn.

    A Colorado federal court sent a coverage dispute over a telecom patent holding company's losses stemming from Congress' passage of the America Invents Act to Tennessee, rejecting the company's bid to have the case stay in Colorado.

  • December 14, 2022

    Condiment Co. Says Exclusions Don't Bar BIPA Suit Coverage

    None of the exclusions cited by a condiment manufacturer's insurer bar coverage of an underlying lawsuit against the manufacturer accusing it of violating Illinois' Biometric Information Privacy Act, the manufacturer told an Illinois federal court.

  • December 14, 2022

    Insurer Asks 9th Circ. To Toss $6M Verdict Over Crash Injuries

    A Farmers unit urged the Ninth Circuit to reverse a $5.7 million award to a woman who accused the insurer of bad faith for not paying the full policy limits for injuries she suffered in a car crash, arguing she failed to prove her claim.

  • December 13, 2022

    9th Circ. Won't Revive Contractor Insurer's Fraud Suit

    The Ninth Circuit declined Tuesday to revive a Hartford unit's nearly $1 million fraudulent checks suit against California Bank & Trust on behalf of a contractor, ruling that the bank had no obligation to ensure the endorsements were legitimate.

  • December 13, 2022

    Firm Says Malpractice Suit Costs Aren't Excluded Sanctions

    A Utah law firm involved in an underlying malpractice suit told a federal court that its insurer incorrectly interpreted the type of damages for which the firm is seeking coverage, asking the court to rule the insurer can't duck defending the firm.

  • December 13, 2022

    Claims Trimmed In IT Co.'s Cyber Policy Coverage Suit

    A Connecticut district judge trimmed an insurance coverage fight Monday over an IT service provider's business interruption resulting from a 2019 cyberattack, finding there is no evidence that the insurer acted in bad faith.

  • December 13, 2022

    Crash Victim Can't Bring 2nd Coverage Suit, 10th Circ. Says

    An Oklahoma federal court properly dismissed a man's second lawsuit against his insurer for underinsured motorists coverage, the Tenth Circuit said, agreeing that the issue giving rise to the second lawsuit's claims had already been litigated in a previous suit.

  • December 13, 2022

    9th Circ. Revives Bank's $15M Scam Coverage Suit

    The Ninth Circuit reversed a Chubb unit's win in a coverage suit over a bank's near $15 million loss after a woman pretended to be an aerospace giant's heir, saying the forged document used to obtain a loan satisfies the first of six elements required to obtain coverage.

  • December 12, 2022

    Insurer Challenges Transport Co.'s Theft Coverage Estimate

    Markel Insurance Co. asked a Pennsylvania federal court to find that a transportation company can't get coverage for the current market value of stolen trailers, arguing that its policy clearly establishes that the actual cash value of a loss is determined when it occurred.

  • December 12, 2022

    Tulane, Insurer Get More Time For COVID Coverage Settlement

    A Louisiana federal judge has given Tulane University and its insurer extra time to consummate an October settlement of a coverage dispute over $10 million the university spent to curb the spread of COVID-19.

Expert Analysis

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • New Ruling Means Ky. Insurers May Rely On Notice Deadlines

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    The Kentucky Court of Appeals recently resolved a matter of first impression in Darwin National v. Kentucky State University, deciding that an insurance claim made outside the specified 90-day reporting period was late and thus properly recognizing that the reporting requirement in a claims-made-and-reported policy reflects a bargained-for condition to coverage, say Kristi Nolley and Lindsey Dean at BatesCarey.

  • How D&O Coverage Fits Into Diversity Claim Mitigation

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    As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

  • D&O Insurance Implications From Tesla's Stock Drop Suit

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    A recent shareholder stock drop lawsuit against Tesla showcases the legal perils that can follow companies' social media missteps, and highlights the importance of directors and officers liability insurance in the current age of political polarization, says Tae Andrews at Miller Friel.

  • Tips For Managing Cybersecurity And Privacy Risks In M&A

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    Cybersecurity and privacy issues in M&A transactions should no longer be an afterthought and should be treated on equal footing as other parts of the due diligence process, like tax, real estate and intellectual property, say David Kessler and Anna Rudawski at Norton Rose.

  • 6 D&O Provisions To Consider When Buying SPAC Insurance

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    As directors and officers insurance strives to keep up with the unique risk profiles of special purpose acquisition companies, D&O policy language distinctions can make a critical difference in whether claims against SPACs are covered, says Stephen Raptis at Haynes and Boone.

  • Del. Rulings Guide On D&O Insurance For Corporate Fraud

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    Two recent Delaware decisions chart a helpful path for policyholders seeking directors and officers coverage for incidents involving fraudulent conduct, and also demonstrate the flexibility afforded by choice-of-law clauses, say Brian Scarbrough and Eric Fleddermann at Jenner & Block.

  • Boiler And Machinery Insurance Can Boost Cyber Coverage

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    Companies affected by cybersecurity incidents may be covered by their boiler and machinery insurance, which shares many similarities with modern cyber insurance offerings and may apply despite exclusions specifying certain forms of cyber coverage, say attorneys at Cooley.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Ill. Biometric Claim Case Highlights Core Insurance Principles

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    During oral argument in West Bend v. Krishna this month, the Illinois Supreme Court justices' questions on coverage for biometric privacy claims touched on three core principles of insurance policy interpretation and should result in an affirmance of the lower courts' decisions, says Emily Garrison at Honigman.

  • Questions Following 2 Recent Cyber Insurance Developments

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    A Minnesota federal court's recent decision in Target v. ACE and guidance from the New York State Department of Financial Services have furthered confusion surrounding how insurance policy language should be applied to the unique circumstances of cyber incidents, say Huiyi Chen and David Kroeger at Jenner & Block.

  • When Mergers Create D&O Insurance Complications

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    A Delaware state court's recent decision in Northrop Grumman v. Zurich illustrates some of the pitfalls and disputes that commonly arise when companies with competing directors and officers insurance policies merge, says Sam Ballingrud at Sherman & Howard.