Specialty Lines

  • January 19, 2024

    Insurance Mogul Fights Spending Clampdown In $524M Fight

    Embattled insurance mogul Greg Lindberg has pressed a North Carolina federal court to scrap a bid by an insurer, which won a $524 million judgment against him, to stop him from spending his money, arguing that the insurer had the same financial restriction overturned in a state court.

  • January 19, 2024

    Proposed $350B Federal Reinsurance Program Draws Scrutiny

    A proposed national reinsurance program lacks important details for legislation that would dramatically change the federal government's role in insurance markets, experts said, while offering competing ideas about whether such a program is needed at all.

  • January 19, 2024

    Md. Atty Seeks En Banc Review By 4th Circ. On Defense Costs

    A Maryland attorney asked the Fourth Circuit to reconsider a panel's decision saying he is not entitled to defense costs from his firm's insurer after being indicted on allegations he seized $13 million in Somalian government funds, arguing the decision undermines "the very purpose" of professional liability insurance.

  • January 19, 2024

    Insurer Resolves Damaged Goods Coverage Row Out Of Court

    An insurer abandoned its request in New York federal court for a second shot at freeing itself from defending a warehouse over a stored merchandise dispute, instead resolving the issue outside of court and stipulating the case's dismissal after months of delays.

  • January 19, 2024

    Progressive Hit With $5M Data Breach Class Action

    Progressive Casualty Insurance Co. was hit with a data breach class action in South Carolina federal court accusing the insurer of leaving customers' personal information vulnerable to hackers and risking them more than $5 million in damages.

  • January 18, 2024

    Title Co. Says It's Owed Defense In $700K Wire Mishap Suit

    A title company told a Florida federal court that Nationwide unit Scottsdale Indemnity Co. wrongfully refused to cover its defense in a suit over nearly $700,000 in property sale proceeds the company is accused of wiring to a third party instead of the seller.

  • January 18, 2024

    Yacht Owner Demands Insurer Cover $240K Engine Rebuild

    The owner of a $3.5 million yacht told a Florida federal court Thursday that its insurer breached its contract by failing to pay for more than $240,000 in water damage to its engine.

  • January 18, 2024

    Contempt Looms For Husband In IP Fight Over Insurance Co.

    The North Carolina Business Court has demanded that the husband of an insurance agency owner return her business assets as required by a previous order or face civil contempt proceedings as part of an intellectual property lawsuit embroiling the couple.

  • January 18, 2024

    Realty Co. Seeks $8.2M For Failed Merger Defense Costs

    A Hartford unit owes over $8.2 million in damages stemming from a merger gone awry between its insured and real estate giant Simon Property Group, the insured said in a complaint removed Thursday to a Delaware federal court, maintaining that it properly exhausted all other limits of coverage.

  • January 18, 2024

    Insurers, Flooring Co. Notch Partial Win Over Gym Fire Suit

    A high school that accused a flooring company of causing a gym fire cannot seek damages related to gym improvements, higher insurance costs and mental anguish, a Louisiana federal court ruled, stopping short of deciding whether the school retains standing to sue the company or the company's insurers to begin with.

  • January 18, 2024

    Burger King Franchisee Says It's Owed Defense For BIPA Suit

    A Burger King franchisee said its umbrella insurance carrier owes coverage for a class action accusing the franchisee of violating Illinois' Biometric Information Privacy Act, telling a federal court that the insurer has ignored it since receiving notice of the underlying action.

  • January 17, 2024

    Wash. Law Firm Says Travelers Must Cover Employee Theft

    Seattle law firm Karr Tuttle Campbell has sued Travelers Indemnity Company of Connecticut in Washington federal court, accusing the insurer of violating the state's consumer protection law by denying coverage after a former firm employee allegedly made $136,000 in unauthorized charges on a credit card.

  • January 17, 2024

    Insurer Owes $900K In Coverage For Mold Cleanup, Court Told

    A contractor told a North Carolina federal court that its insurer wrongly denied coverage for nearly $900,000 in mold remediation expenses it incurred on a building project, asserting that the insurer conflated its standalone environmental legal liability policy with a different policy.

  • January 17, 2024

    1.3M Loan Holders Hit By Cyberattack, Revised Action Says

    A data breach class action claim against Fidelity National Financial and LoanCare LLC was revised on Wednesday after a Florida federal judge found that the original seven-count complaint, filed in late December, constituted an impermissible “shotgun pleading."

  • January 17, 2024

    Feds Ask Justices For Narrow Ruling In NRA Case

    The federal government filed an amicus brief in a First Amendment dispute between the National Rifle Association and a former New York state official, urging Supreme Court justices to reject some of the gun rights group's broader arguments because they raise "harder questions."

  • January 17, 2024

    No Coverage For HOA In Trade Secret Theft Suit, Court Told

    An Illinois homeowners association and its property managers are not entitled to coverage for an underlying action brought by the development's golf course operator accusing the association of downloading proprietary information, an insurer told a federal court, saying the incident doesn't meet the policy's definition of an occurrence.

  • January 17, 2024

    No Coverage For New York Ghost Gun Suits, AIG Unit Says

    An AIG unit told a New York federal court it should have no duty to cover a firearm retailer in three lawsuits by the state attorney general and municipalities alleging that the retailer knowingly sold unfinished components that would be assembled into so-called ghost guns.

  • January 16, 2024

    5th Circ. Revives Southwest Airlines' Cyber Coverage Suit

    The Fifth Circuit on Tuesday revived Southwest Airlines' coverage fight against Liberty Insurance over costs stemming from a 2016 computer network failure, saying the district court was wrong in finding that the costs fall outside the coverage range of an excess cyber risk insurance policy.

  • January 16, 2024

    Sports Co. Wants Coverage Apart From CEO Accused Of Rape

    A sports equipment company asked a Washington federal judge Tuesday not to conflate it with its CEO when determining whether to allow an insurer to escape defending the leader and his company against underlying sexual assault allegations.

  • January 16, 2024

    Insurance Adjuster Says Ex-Employees Stole Clients, Intel

    An insurance adjuster accused five ex-employees of colluding with a competitor to steal the company's clients, telling a Mississippi federal court that the employees breached their agreements with the company — including noncompetes — to benefit the competitor.

  • January 16, 2024

    Cement Co. Rips Insurer Bid To Slip Demurrage Fee Coverage

    A Houston-based cement supply company challenged Liberty Mutual's attempt to avoid paying coverage for more than $780,000 in demurrage charges incurred during cleanup of a shipping mishap, telling a Louisiana federal court the charges are a proper expense under a so-called sue and labor clause.

  • January 16, 2024

    Coverage Case Over Defective Miami Highway Heads To Trial

    A joint venture tasked with a Miami bridge and highway project will have its day in court against an insurer that refused to cover more than $3.6 million in construction defects, a Florida federal court found.

  • January 16, 2024

    Insurer Drops Suit Against Nonresponsive, Defunct Co.

    An insurer dropped its 2-month-old coverage lawsuit against a defunct Houston-based engineering firm for asbestos exposure-related claims, saying the company neither appeared nor asserted any counterclaims.

  • January 12, 2024

    Cyberattack On Insurer Compromised Over 64K, Suit Says

    The private information of over 64,000 individuals was compromised in a data breach of a construction industry insurer, according to a proposed class action filed against the company in North Carolina federal court.

  • January 12, 2024

    AIG Unit Says No Coverage Left For Helicopter Crash Suit

    An AIG unit told an Alaska federal court that it owes no defense to a mountain resort or its owners for claims brought by the surviving passenger of a heli-skiing crash, saying it already settled with the plaintiff for any coverage it could provide.

Expert Analysis

  • 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.

  • How Biden's Administration Will Affect The Insurance Industry

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    President Joe Biden's administration has signaled interest in a range of key issues — consumer protections, regulation of the cannabis industry and health care reform — that will have outsize influence on the private insurance market, say Adrian Azer and Wes Dutton at Haynes and Boone.

  • An OFAC Compliance Checklist For Ransomware Payments

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    As the U.S. government heightens its scrutiny of ransomware payments, victims that pay extortion demands can follow 12 steps to help establish the requisite mitigation and due diligence to avoid penalties from the U.S. Department of the Treasury's Office of Foreign Assets Control, says cybersecurity consultant John Reed Stark.