Specialty Lines

  • September 21, 2022

    SC Justices Say Auto Policy Does Not Cover Fatal Shooting

    The South Carolina Supreme Court reversed on Wednesday an appeals court's ruling and reinstated a summary judgment awarded to Progressive, finding that an automobile policy issued by the company to a man does not cover his wife's fatal injuries when she was shot by the driver of another vehicle.

  • September 21, 2022

    Blue Shield Seeks E&O Coverage For Reimbursement Suits

    Blue Shield of California asked a federal court to find that it's owed millions in insurance coverage for what it spent to defend against lawsuits alleging it failed to reimburse hospitals for emergency room services, arguing the underlying actions are related and so trigger only one self-insured retention.

  • September 21, 2022

    Insurers Battle To Avoid $844M Plane Crash Compensation

    Victims of a deadly plane crash in Colombia sought in a London court on Wednesday to shut down a request by units of Tokio Marine and Aon to stop the victims' pursuit of compensation for the disaster in a Florida court.

  • September 21, 2022

    Sparta Says Pa. General Must Pay For Old Policy Claims

    Sparta Insurance Co. moved for an early win in its suit against Pennsylvania General Insurance Co. in Massachusetts federal court, claiming the insurer isn't holding up its end of a 2007 deal in which Sparta acquired American Employers' Insurance Co.

  • September 21, 2022

    Insurer Drops Abuse Coverage Dispute With Camp

    An insurer voluntarily dismissed its coverage lawsuit against an Illinois nonprofit camp operator and its camp for an underlying suit alleging a camp employee sexually abused a teenage staff member, before the defendants filed an answer to the complaint.

  • September 21, 2022

    D&O Coverage Offers Layered Protection In Bankruptcy

    Bankruptcy is considered a high-stress event for a company, and having the proper amount of coverage under a directors and officers liability policy is crucial to protect the business and individuals in the boardroom, legal experts say.

  • September 20, 2022

    CBD Extractor's Claims Invalid Under W.Va. Law, Insurer Says

    A cannabidiol company's insurer asked a West Virginia federal court weeks before its scheduled jury trial to toss the CBD business's counterclaims accusing it of bad faith and violating state unfair trade practices in not covering a 2019 Halloween blaze at its warehouse.

  • September 20, 2022

    Merging Amber Heard's Suits Risks Prejudice, Insurer Says

    An insurer opposed another insurer's bid to consolidate two coverage disputes over actor Amber Heard's loss in a defamation lawsuit brought by Johnny Depp, arguing that combining the issues to a single trial "would risk prejudice to the parties and confusion of the jury."

  • September 20, 2022

    Insurer, Screen Developer Settle BIPA Coverage Dispute

    Hanover Insurance Group unit Citizens Insurance Co. of America reached a coverage settlement with a developer of interactive digital displays accused of violating Illinois' Biometric Information Privacy Act, the insurer told an Illinois federal court Monday.

  • September 20, 2022

    Real Estate Broker Owed Coverage For Negligence Suit

    A Nationwide unit must cover a real estate brokerage and its president who were sued for negligence by a former client, a California federal judge ruled, finding that the underlying suit didn't allege anything beyond ordinary misrepresentations covered by their policy.

  • September 20, 2022

    Insurer Calls Oil Driller's Reading Of Policy Unreasonable

    An insurer asked a Texas federal court to toss an oil drilling company's breach of contract claims against it, arguing its policy didn't require the insurer to preapprove costs the company incurred in restoring a blown-out gas well.

  • September 20, 2022

    Hospital Seeks Exit From Insurer Suit Over $39M Bill

    A hospital is asking a Georgia federal judge to dismiss a suit filed by an insurer looking to get out of providing nearly $38.5 million in coverage for the treatment of two burn victims.

  • September 20, 2022

    Harvard Says Insurer Played 'Cat & Mouse' On Top Court Case

    Harvard University accused Zurich American Insurance Co. of playing a game of "cat and mouse" in trying to avoid covering the school's legal tab racked up while defending its affirmative-action admissions policy in a suit that is now before the U.S. Supreme Court.

  • September 19, 2022

    Insurance Co. Says It's Not On Hook For Fatal Truck Crash

    An insurance company says it is not responsible for paying a freight broker's wrongful death settlement, arguing in Michigan federal court that the fatal truck crash was too far removed from the broker's business to trigger its general liability coverage.

  • September 19, 2022

    Hartford Says No Coverage For Ill. DOI Over Email Wire Fraud

    Hartford Fire Insurance Co. told an Illinois federal court Monday that it should toss claims from the state's insurance department seeking nearly $4 million in coverage for a phishing scheme, arguing an email fraud exclusion clearly bars coverage.

  • September 19, 2022

    Software Co. Says Chubb Wrongly Denied FTC Deal Coverage

    Software company OpenX Technologies Inc. sued a Chubb subsidiary Sunday, claiming it breached OpenX's insurance policy when it strung the company along with the incentive of covering its $2 million settlement with the Federal Trade Commission, before denying coverage after OpenX fronted the settlement payment.

  • September 19, 2022

    Cannabis Coverage Suit Belongs In Fed. Court, Insurers Say

    A group of insurers asked a New Mexico federal court to reject a remand bid for a proposed class action that seeks to make the insurers cover the costs of medical cannabis, saying the federal court has original jurisdiction under the Class Action Fairness Act.

  • September 19, 2022

    Allstate Says No Coverage For Tenant In Stabbing Incident

    Allstate doesn't have to cover a woman accused of stabbing someone at her apartment complex, the insurer told a Georgia federal court, raising several defenses to coverage including a criminal acts exclusion.

  • September 19, 2022

    NYC Law Firm Says Insurer Can't Revoke Defense Coverage

    A Manhattan law firm is arguing its insurer waited too long to file a suit to stop defense coverage, claiming the insurer is breaking its promise and even began to pay some costs already, according to a letter filed in New York federal court.  

  • September 19, 2022

    Exxon Wants Benzene Coverage Fight Back In Texas Court

    ExxonMobil urged a Texas federal court to remand back to state court its suit against AIG Specialty Insurance Co. seeking to avoid tens of millions of dollars in policy retentions related to benzene injury claims, arguing AIG has tried to create diversity jurisdiction by attempting to replace Exxon with another affiliated entity.

  • September 19, 2022

    Former NS8 Legal Chief Loses Insurance Coverage Bid

    An insurance warranty letter signed by Adam Rogas, a now-convicted executive of defunct cybersecurity company NS8 Inc., "unambiguously" applies to a coverage demand from the company's former in-house lawyer, a Nevada federal court ruled Friday.

  • September 19, 2022

    Progressive Skimps On Payouts For Totaled Cars, Suit Says

    A Nebraska woman filed a proposed class action alleging Progressive relies on faulty calculations that artificially undershoot the actual cash value of totaled cars, resulting in unfairly low payouts to policyholders.

  • September 19, 2022

    Insurer Says Motel Not Covered For Fentanyl Death Suit

    A Florida motel is not entitled to coverage for an underlying suit filed by the family of a woman who died of a fentanyl overdose on the motel's premises, an insurer told a Florida federal court, saying coverage is barred by the policy's pollution and chemical materials exclusions.

  • September 16, 2022

    Fla. Panel Rejects Air Quality Co.'s Insurance Dispute

    A Florida state appellate panel rejected an air quality company's appeal against American Integrity Insurance Co. of Florida, finding that its agreement to pursue reimbursement for a hurricane damage assessment on behalf of homeowners was invalid.

  • September 16, 2022

    US Gov't Sues Barge Insurer For $6.2M Oil Cleanup

    The U.S. government told a Florida federal court Friday that an insurer must reimburse it the more than $6.2 million it spent in removing more than 147,000 gallons of petroleum products from a barge that held a substantial risk of discharging oil into Tampa Bay.

Expert Analysis

  • Understanding Legal Considerations In Cannabis M&A Deals

    Excerpt from Practical Guidance
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    Zachary Turke and Peter Park at Sheppard Mullin discuss the unique set of challenges for both buyers and sellers in cannabis industry merger and acquisition deals, given the rapidly changing economic conditions, the ever-changing regulatory landscape and new market entrants.

  • Cybersecurity Basics Are Key to Combating Ransomware

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    Recent prohibitions on ransom payments and other public policy measures vastly underestimate the breadth and complexity of the ransomware problem and will only work if organizations adopt basic cyber defenses, says Kate Margolis at Bradley.

  • How M&A Insurers Can Increase Smaller Deal Servicing

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    As the number of M&A deals in the $50 million to $200 million range continues to grow, lawyers, insurance brokers and clients must address the trend away from covering these smaller transactions by working together to make it easier for carriers to consider submissions and to insure these types of risks, says Hilary Weiss at Liberty Global.

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • Bankruptcy Case May Help Define Surety Executory Contract

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    Next week’s Fifth Circuit oral argument in Argonaut Insurance v. Falcon V is of great interest to the surety industry as this case presents an opportunity for the court to address several unsettled questions on whether a tripartite arrangement, such as a surety bond program, is an executory contract for bankruptcy purposes, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Insurer Implications As 3 Climate Suits Return To State Courts

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    Three federal circuit courts recently remanded climate change lawsuits brought by state and local governments against major energy corporations back to state courts, where plaintiffs are more likely to succeed, thus significantly increasing their insurers' and reinsurers' exposure to defense costs and judgments, say José Umbert and Jason Reeves at Zelle. 

  • 6 Rulings Reinforce BIPA Coverage For Illinois Policyholders

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    Six well-reasoned recent decisions in the Northern District of Illinois have considerably strengthened policyholders’ arguments for commercial general liability coverage in lawsuits brought under the Illinois Biometric Information Privacy Act, say attorneys at Neal Gerber.

  • How Boards Can Address Insurance-Based Caremark Risk

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    Recent bankruptcy proceedings, such as Purdue Pharma's, highlight that insurance is critical to ensuring an organization's solvency and ability to pay claimants, making it important for boards to prioritize adequate insurance and risk-management as core Caremark responsibilities, say attorneys at Cooley.

  • 4th Circ.'s Allen Trust Opinion: A New Class Action Primer

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    The Fourth Circuit's recent opinion in Allen Trust v. Banner Life Insurance is likely to become an oft-cited instruction manual for Rule 23(b)(3) class action certification and settlement in the circuit, because of how it effectively addresses the three major issues that dominate class action litigation, say David Anthony and Justin Golart at Troutman Pepper.

  • What Microcaptive Reporting Ruling May Mean For The IRS

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    In CIC v. Internal Revenue Service, a Tennessee federal court’s decision to set aside an IRS requirement to disclose microcaptive insurance arrangements may be a step toward evidentiary standards to show that the potential for abuse in a lawful transaction is sufficient to support heightened disclosure requirements, says Samuel Lauricia at Weston Hurd.

  • 7 Policy Terms Defensive IP Coverage Buyers Should Note

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    To maximize defensive intellectual property insurance — coverage that will defend and indemnify the insured against suits alleging infringement — the technology startups driving the post-pandemic economic recovery should be focusing on specific terms within the manuscripted policies, says Micah Skidmore at Haynes and Boone.