Specialty Lines
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September 27, 2023
Insurer Seeks Cooperation For Auto Biz Fire Investigation
Owners Insurance Co. asked a Minnesota federal court to allow it to demand financial records from a car lift installer and its owners while the insurer investigates a fire damage claim, arguing that the company has refused to provide relevant materials that its policy requires it to share.
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September 27, 2023
Insurer Drops Coverage Fight Over Double-Dip Work Dispute
An insurer voluntarily dropped its coverage fight against an agricultural company over a suit brought by a competitor that said an employee secretly worked under contract for both companies, the insurer told a South Dakota federal court.
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September 26, 2023
Insurer Says No Coverage For Health Software Cos.' BIPA Row
Two health software companies that provide employee fingerprint-based timekeeping technology to long-term care facilities are not entitled to coverage for claims that they violated Illinois' health data privacy law, an insurance provider told a federal court in the state.
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September 26, 2023
Defective Concrete Not Covered Damage, Chubb Unit Says
A Chubb unit asked a Florida federal judge to find that it doesn't owe $3 million to a joint venture for defective concrete on an interstate highway project in Miami, arguing its policy doesn't cover such defects.
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September 26, 2023
AIG Unit Can't Pause Defense Costs Suit, Bank Co. Says
An AIG unit should not be allowed to pause a bank's lawsuit over coverage for underlying litigation stemming from a loan recovery dispute, the bank told a Texas federal court, arguing that the insurer's request is impractical and prejudices the bank.
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September 26, 2023
Insurer Seeks End To Coverage Of Spam Text Class Action
An insurer told a Washington federal judge a real estate brokerage wasn't allowed defense coverage in a proposed class action alleging the company violated the state's consumer protection laws by sending unsolicited promotional text messages.
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September 26, 2023
NY Homeowners Drop 'Inflated' Insurance Premiums Suit
A proposed class of New York homeowners voluntarily dismissed their suit claiming subsidiaries of the Andover Cos. sold "inflated" insurance premiums.
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September 26, 2023
The 2023 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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September 26, 2023
Why Law Firm ESG Is Likely Here To Stay
As backlash to institutional efforts around environmental, social and corporate governance spreads in the U.S., experts say law firms are likely to take a long-term view and continue focusing on ESG principles, even if some of the wording and messaging around those efforts may change.
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September 25, 2023
Carrier Owes Coverage In Alumni Group Suit, Court Told
An insurer owes coverage to an alumni association for an underlying lawsuit in which the association was impersonated and wrongfully named as a plaintiff, the association told a Hawaii federal court, saying the insurer can't deny coverage based on the impersonator's actions.
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September 25, 2023
Trial Set In Ex-Ga. Insurance Chief's Fraud, Kickbacks Case
Georgia's former insurance commissioner is set to face trial in April on criminal health care fraud and money laundering charges alleging that he participated in a $2.5 million kickbacks case involving unnecessary medical testing.
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September 25, 2023
Travelers Can't Cap Coverage Under Vague Policy, Gov't Says
The U.S. government again asked a New Mexico federal court to toss Travelers' counterclaims in a dispute over coverage of thefts committed by employees of a policyholder that handled government benefit payments, arguing that the policy's language is ambiguous.
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September 25, 2023
Auto Dealer Fired Exec After Cancer Diagnosis, EEOC Says
A Texas automobile dealership abruptly fired a 65-year-old executive after he was diagnosed with cancer to avoid covering more than $150,000 in medical expenses and replace him with someone younger, the U.S. Equal Employment Opportunity Commission told a Texas federal court Monday.
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September 25, 2023
Carriers Stole Policy Language, Insurers Say
An insurance policy licensing group and an underwriting company told a Connecticut federal court that two carriers infringed their copyright by lifting components of a transportation insurance policy published by the plaintiff insurers' president and using it in their own policies.
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September 22, 2023
Boat's Seaworthiness Was Properly Addressed, 1st Circ. Told
A Munich Re unit cannot undo a boat owner's partial win in a coverage fight over a damaged catamaran, the boat owner told the First Circuit, saying the trial court was correct in finding that the policy's warranty of seaworthiness does not apply to charts.
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September 22, 2023
Judge Delivers Clarity In Ambac RMBS Suit Against US Bank
A New York federal judge is allowing Ambac to press forward with litigation over losses incurred when several residential mortgage-backed securities trusts faltered during the financial crisis, in a ruling this week that weighed a key element of the contract dispute over who should bear the financial burden of some $340 million in damages.
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September 22, 2023
Marsh McLennan Asks 2nd Circ. To Revisit Data Breach Ruling
Marsh McLennan urged the Second Circuit to review its decision to revive a former employee's lawsuit seeking relief for what she called the professional services firm's failure to protect her personal information in a data breach.
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September 22, 2023
Genworth Can Seek Coverage For $335M Premium Hike Suits
A Delaware judge said a long-term care insurance provider that expected to spend at least $335 million on underlying litigation and settlement costs wasn't barred from coverage by its professional liability carriers in suits alleging it hiked premiums on clients without notification.
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September 22, 2023
Travelers Wins Fight Over Stimulus Check Scheme Coverage
Travelers prevailed in a coverage dispute over a distribution company's losses arising from what the company alleged were stolen and fraudulently signed stimulus checks cashed at the company's locations, with a Texas federal judge accepting the recommendation of a magistrate judge to toss the suit.
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September 21, 2023
New FCC Inquiries Into Company Aren't Covered, Insurer Says
A Hartford unit asked a Utah federal court Thursday to find it doesn't owe coverage to a communications company for recent inquiries from the Federal Communications Commission, alleging the company failed to disclose its record $40.5 million settlement with the FCC in 2021 when it applied for insurance.
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September 21, 2023
Broker Can't Oppose Early Win In Coverage Row, Insurer Says
A Berkshire Hathaway unit asked an Arizona federal court to ignore an insurance broker's opposition to its bid for an early win in a coverage dispute over a pesticide mishap, arguing that the broker does not have standing to contest the motion.
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September 21, 2023
No Coverage For Elder Exploitation Suit, Court Told
A Chicago-area property management company's insurer told an Illinois federal court it owes no coverage for an underlying family trust dispute, in which the mother of a company official alleged she was bilked out of roughly $3 million in assets and personal property.
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September 21, 2023
Lloyd's Unit Can't Duck Oil Well Repair Coverage, Court Told
An oil well owner's insurer must reimburse an oil well repair company for more than $4.5 million it spent to control a well, the repair company said, telling a Texas federal court the carrier wrongfully asserted it was not an additional insured on the owner's policy.
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September 21, 2023
Utility Can't Recover $3M In Defense Costs, AIG Unit Says
An AIG unit asked a Connecticut federal court to toss the Connecticut Municipal Electric Energy Cooperative's bid to recoup $3 million in legal expenses, arguing that the cooperative is not considered an "individual insured" under the portion of the policy it attempted to invoke.
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September 21, 2023
FDIC Moves To Boot SVB Parent's Atty In Fraud Coverage Row
The Federal Deposit Insurance Corp. urged a North Carolina federal court to disqualify Farella Braun & Martel LLP as counsel for the Silicon Valley Bank's holding company in a $73 million private equity fraud coverage dispute, saying material adversity exists between the company and the FDIC as the failed bank's receiver.

Atty Not Covered For Hack Without Cyber Policy, Insurer Says
A New Jersey attorney's insurer urged a federal court Tuesday to dismiss the attorney's counterclaim that the carrier acted in bad faith by refusing to cover him for a cyberattack, telling the court that the lawyers professional liability policy it issued doesn't provide coverage of that nature.

Judge Bundles 7 Data Breach Suits Against Progressive
An Ohio federal judge consolidated seven proposed class actions brought against Progressive Casualty Insurance Co. after employees at one of the insurer's third-party service providers shared customer information with unauthorized actors.

Meta Must Face Insurance Ad Bias Suit, Calif. Panel Says
A California appeals court has revived a proposed class action alleging Meta Platforms Inc. allowed Facebook advertisers to illegally discriminate against women and older users by restricting access to life and auto insurance ads, finding that the allegations are sufficient and the Communications Decency Act doesn't shield Meta from liability.
Expert Analysis
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How Reps And Warranties Insurance Can Aid Sellers In M&A
Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.
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1st Circ. Harvard Ruling Provides Primer On Policy Provisions
In its recent finding of no coverage for Harvard due to the school's failure to give Zurich American Insurance timely notice of its claim, the First Circuit provides a good analysis of the distinctions between occurrence and claims-made policies, including the rationale for differences in notice provisions, says Andrew Paliotta at Cozen O'Connor.
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Nev. Insurance Law May Mean Turmoil In Liability Market
Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.
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SEC's New Rules Likely Will Affect Cyber, D&O Insurance
The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.
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Potential Marijuana Status Change Would Shift Industry Risks
Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.
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10th Circ. Remand Of ERISA Claims To Insurer Is Problematic
The Tenth Circuit recently gave the defendant another bite at the apple in David P. v. United Healthcare by remanding Employee Retirement Income Security Act claims for reprocessing, but the statute lacks any provision authorizing remands of ERISA cases, says Mark DeBofsky at DeBofsky Law.
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Insurers, Prepare For Large Exposures From PFAS Claims
With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.
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Groundbreaking Nev. Law May Alter Insurance Landscape
The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.
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Online Purchase Insurance: Regulatory Issues To Watch For
Before offering insurance on consumer transactions, otherwise known as embedded insurance, merchants and insurance producers should be aware of a few regulatory issues and have a multistate compliance strategy in place, say Fred Garsson and Kara Pike at Saul Ewing.
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To Survive Scrutiny, Banks Should Craft Careful D&O Policies
With banks and their boards facing intensified — and potentially costly — scrutiny after this spring’s bank failures, risk managers can prepare for potential shareholder demands, lawsuits or regulatory probes by designing a robust and targeted directors and officers coverage program, say Jose Lua-Valencia and Jesse Vazquez at Pillsbury.
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Insurance Insights From 5th Circ. Blue Bell Coverage Ruling
The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.
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BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation
Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.