Specialty Lines

  • January 29, 2024

    Escrow Agent Not Covered For Fraud Suits, Court Told

    An escrow agent no longer has coverage for four underlying suits accusing it of unlawfully withholding funds or distributing them to third parties who had no valid claim to the money, an insurer told a Florida federal court, saying its theft coverage extension endorsement has been exhausted.

  • January 26, 2024

    Auto Biz Says Insurer Can't Escape $500K Damage Claims

    A vehicle lift installer urged a Minnesota federal court to preserve its counterclaims in a coverage dispute over nearly $500,000 in claims stemming from fire damage and a tipped container, arguing that its insurer constructively denied most of the claim by repeating investigations and denying payments for over a year.

  • January 26, 2024

    Missing Comma Can't Impede Chubb Policy, 11th Circ. Told

    A French food wholesaler urged an Eleventh Circuit panel Friday to reverse a lower-court ruling that an insurance company does not have to cover a lawsuit for alleged negligent audits due to a policy clause's missing comma, arguing that the New Jersey law applied in the case favors broad interpretation.

  • January 26, 2024

    Insurer Pushes For Glass Co. To Cover $2.5M Defect Payment

    Crum & Forster is demanding that an Indian glass manufacturer reimburse it more than $2.5 million that the insurer paid a candlemaker for a product recall, telling a Texas federal court that the company sold the candlemaker defective glass containers.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Geico Seeks $3M From Med Cos. In Claimed No-Fault Scheme

    Geico told a New Jersey federal court it is seeking to recover nearly $3 million from a group of New Jersey medical providers and their owners and practitioners who the insurer alleges partook in a no-fault charge scheme that defrauded the insurer's policyholders since 2017.

  • January 25, 2024

    Excess Insurers Win In Construction Defect Coverage Suit

    A residential developer wrongly tapped into certain excess insurance, a California federal judge ruled Thursday, finding that the $3.2 million its primary insurer spent on defense costs in underlying construction defect litigation didn't count toward triggering a $10 million excess policy.

  • January 25, 2024

    Mining Co. Not Covered For Wrongful Death Suit

    A mining company does not have coverage from its general liability or workers' compensation insurers for an underlying wrongful death suit, a Pennsylvania court ruled, finding that an exclusion applied for one policy and the underlying claims weren't within the scope of the other.

  • January 25, 2024

    Software Co. Settles Coverage Spat Over Wiretapping Suits

    A software company and its insurers reached an agreement in principle through mediation to resolve a coverage dispute over several wiretapping class actions, roughly three months after a California federal judge determined the insurers must defend it in four of the eight underlying suits.

  • January 25, 2024

    Class Seeks OK Of $24M Hidden Fee Deal With AIG Units

    A class of travel insurance buyers has asked a California federal judge to greenlight their nearly $24 million settlement resolving claims accusing three AIG units of stacking hidden fees on top of travel insurance premiums.

  • January 25, 2024

    6th Circ. Won't Reverse 'Willy-Nilly' For Investment Firm

    A Sixth Circuit panel told investment firm Stout Risius Ross Inc. it wouldn't reverse a Michigan federal court's decision "willy-nilly" at oral arguments Thursday, when the firm sought to prevent partial reimbursement for underlying stock valuation litigation while its insurer continued to fight for total payback.

  • January 25, 2024

    Insurer Must Defend Managing Agent In Arbitration, Court Told

    Redpoint County Mutual Insurance Co. urged a Texas federal court to ensure that a Berkley unit provides coverage to a managing general agent in arbitration who is accused of causing Redpoint more than $2 million in damages.

  • January 25, 2024

    Advisory Firm Asks 6th Circ. To Ax Insurer's Win In SEC Case

    An investment advisory firm argued Thursday that a Tennessee federal court erred in deciding that its insurance policy excluded coverage for an underlying suit from the U.S. Securities and Exchange Commission, telling a Sixth Circuit panel that the exclusion rendered the policy illusory.

  • January 24, 2024

    BofA Fell For $2.1M Check Fraud Despite Red Flags, Suit Says

    A Kansas-based insurance exchange said Wednesday that Bank of America missed several "clear and conspicuous" indicators that a $2.1 million check purportedly submitted by its customer was actually fraudulent, instead providing the money to a medical group that illegally altered the check's address and date.

  • January 24, 2024

    Pot Insurance Suit Belongs In Federal Court, Judge Says

    A federal magistrate judge in New Mexico has recommended that a proposed class action over insurance coverage for medical cannabis not be sent back to state court, finding Wednesday that the federal court has jurisdiction to hear the suit against Blue Cross and Blue Shield and other insurers.

  • January 24, 2024

    4th Circ. Rejects Adviser's Bid To Revive Coverage Suit

    An AmTrust insurance unit wasn't required to cover an investment adviser for defamation suits under a professional liability policy issued to her former employer, a Fourth Circuit panel ruled Wednesday, saying the adviser's failure to collect certain expenses under a primary policy doesn't obligate the excess insurer.

  • January 24, 2024

    Apartment, Insurers Settle Stalled Construction Coverage Row

    A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.

  • January 24, 2024

    Kayne Anderson Loses Coverage Bid In $22M Copyright Row

    Investment adviser Kayne Anderson lost its bid for coverage for a collective $22 million in legal expenses and settlement costs after a California appeals court agreed that a copyright dispute over unauthorized copying of an energy news publication does not fall within its policies' scope.

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 24, 2024

    Insurer Can't Duck $2M Nursing Home Judgment, Family Argues

    The insurer of a now-bankrupt Georgia nursing home can't escape its obligations to cover a $2.1 million default judgment won by the family of a woman who died in the home's care, the family has told a federal judge.

  • January 23, 2024

    Oil Co. Says Power Co. Owes $11M For Injury Defense

    An oil and gas company seeking up to $11 million in coverage from a power company for an underlying electic shock injury suit told a Wyoming federal court that the power company should've made it an additional insured on its policies, per the companies' agreement.

  • January 23, 2024

    College Wants 9th Circ. Opinion In $1.5M Fraud Coverage Spat

    A for-profit college that settled with the U.S. government after being accused of stealing money meant to fund veterans' education asked the Ninth Circuit to weigh in after a California federal court said its insurer didn't have to cover nearly $1.5 million in connected investigation defense costs.

  • January 23, 2024

    Berkshire Unit Seeks Partial Win In Senior Center Liability Suit

    A Berkshire unit is seeking a partial win against a senior care center over an underlying wrongful death suit, telling an Illinois federal court that it cannot be expected to defend the center when a self-insured retention has not been satisfied.

  • January 23, 2024

    Progressive Customers Fire Back At Proposed Dismissal

    Progressive customers in a consolidated proposed class action surrounding the exposure of nearly 350,000 users' personal data to unauthorized actors urged an Ohio federal judge to reject the insurer's dismissal bid, arguing in part that the motion couldn't get around Progressive's own admission to the leak of information.

  • January 23, 2024

    Candy Maker Wants $5M Recall Coverage Suit Tossed

    A Texas-based candy company urged a New York federal court to either toss an insurer's lawsuit seeking to avoid coverage for a nearly $5 million recall over metal fragments found in certain gummy candies or transfer the case to Texas, where the company sued its insurer.

Expert Analysis

  • Anticipating Cyberinsurance Wartime Exclusion Questions

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.