Specialty Lines

  • December 08, 2022

    Broker Says Mediation Not Required In Coverage Fight

    A California federal court should reject several insurers' bid to toss a securities broker's lawsuit seeking coverage for claims that it gave bad investment advice, the broker said, arguing that it was not required to mediate before launching its suit.

  • December 08, 2022

    Geico Seeks $2.4M From Health Centers For False Claims

    Geico is seeking to recover $2.4 million it paid out to a group of New Jersey health centers and providers, telling a federal court that the group filed "thousands of fraudulent and unlawful no-fault insurance charges" for unnecessary services.

  • December 08, 2022

    Teacher Not Covered For $2M Abuse Ruling, 11th Circ. Told

    An insurer asked the Eleventh Circuit to uphold a ruling that it doesn't have to cover a $2 million default judgment entered against an Alabama teacher accused of assaulting a student, arguing that the teacher breached her union's policy by refusing to attend depositions in the underlying suit.

  • December 08, 2022

    Calif. Health System Not Covered For FCA Probe, Insurer Says

    A California network of community health centers cannot seek indemnity for a U.S. Department of Justice investigation into allegations it improperly received Medicaid funds, an insurer has told a California federal court.

  • December 08, 2022

    Late Notice Means No Coverage In Dental Suits, Court Says

    A Colorado federal judge awarded a win to two insurers after finding that untimely notice of dental negligence claims relieved them of their coverage obligations.

  • December 08, 2022

    Liberty Mutual Faces Spyware Suit Over Website Tracking

    Liberty Mutual was hit with a proposed class action Thursday in Pennsylvania court accusing it of violating the state's electronic surveillance law by recording users' interactions with the insurer's website "as if someone is looking over a class member's shoulder" while a user browses.

  • December 07, 2022

    Pandemic Fueled Decline In Surety Bond Cases, Report Says

    The number of construction bond cases filed in federal courts hit a 10-year low in 2021, continuing a long-term trend that was likely accentuated by the COVID-19 pandemic, according to a new surety litigation report.

  • December 07, 2022

    Insurer Slams Discrimination Claim In Spat With Medical Co.

    An insurer suing a medical center and its owners over coverage of an underlying wrongful death suit filed by the family of an infant patient urged a Washington federal judge to toss one of the owners' claims of gender discrimination, saying it amounts to libel.

  • December 07, 2022

    Film Production Co. Drops Suit Over Funding Fight Coverage

    A movie production company is no longer pursuing a lawsuit against its insurer in which it accused the insurer of breaching its errors and omissions policy by declining to cover an arbitration demand, according to a notice filed in New York federal court.

  • December 07, 2022

    Insurers Escape Coverage Of Software Co. In Oracle IP Row

    Three excess insurers of software company Rimini Street Inc. have no coverage obligations in its underlying copyright infringement battle with Oracle, an Illinois federal court ruled Wednesday, finding that exclusions barring coverage for claims arising from previous actions were applicable.

  • December 07, 2022

    Swiss Re Says No Coverage For Utilities In Pollution Litigation

    A Swiss Re unit asked a Pennsylvania federal court to find that it doesn't have to defend two water utilities in underlying suits accusing one of allowing lead to contaminate an Illinois town's water supply, arguing the utilities must satisfy a $10 million retention before pollution coverage kicks in.

  • December 07, 2022

    Travelers Can't Dodge Check Scheme Coverage, Co. Says

    A distribution company urged a Texas federal court to keep alive its lawsuit seeking coverage of losses arising from stolen and fraudulently signed stimulus checks, arguing that a Travelers unit's interpretation of an exclusion would make its policy's forgery and alteration coverage useless.

  • December 06, 2022

    Chicken, Berry, Tomato Shipments Not Covered, Insurer Says

    Endurance Worldwide Insurance Limited asked a Colorado federal judge for a pretrial win in a lawsuit it is facing from a trucking company over coverage of rejected or refused chicken, berry and tomato deliveries.

  • December 06, 2022

    Reef Policy Shows Insurance's Potential In Climate Fight

    The recent enactment of the first coral reef insurance policy in the United States is a welcome development for environmental protection and an example of how insurance can be used creatively to combat climate change by covering unconventional risk, experts told Law360.

  • December 06, 2022

    Apartment Co. Not Covered For Asbestos Suit, Insurer Says

    An apartment complex and property manager are not entitled to coverage for an asbestos-related personal injury suit, an insurer told a New York federal court, saying its policy doesn't cover the alleged exposure because it occurred decades before the policy's retroactive date.

  • December 06, 2022

    Care Provider Says It's Owed Coverage In Wrongful Death Suit

    A home care provider for the elderly and people with disabilities is owed coverage for a wrongful death suit, it said in a complaint removed to New York federal court, arguing its insurers acted in bad faith in responding to its claims.

  • December 06, 2022

    Title Co., Insurer Drop Property Purchase Coverage Suit

    A Maryland title company and its insurer are no longer pursuing legal action over coverage of litigation stemming from a botched property purchase, the parties told a Maryland federal court Tuesday.

  • December 06, 2022

    No Coverage For Girls School In Mental Injury Suit, Court Told

    A Markel unit said it doesn't owe coverage to a therapeutic boarding school accused of inflicting emotional distress on its former students, telling a Montana federal court that the underlying claims for damages were made and reported after the policy expired.

  • December 06, 2022

    Insurer Must Cover Banker In Defamation Suits, 4th Circ. Told

    An investment adviser urged the Fourth Circuit to reverse a lower court's decision and find that she's covered for defamation suits under a professional liability policy issued to her former employer, arguing a separate policy she had with Travelers doesn't absolve an AmTrust unit of its defense duties.

  • December 06, 2022

    Broker Wants Out Of Insurer's Policy Spat With HOA

    An insurance broker shouldn't be included in an insurer's suit seeking to rescind a policy it issued to a homeowners association, the broker told a California federal court Thursday, arguing that it can't be held responsible for alleged misrepresentations in a client's insurance application.

  • December 06, 2022

    Northrop Can't Upend Loss In Pollution Coverage Fight

    Northrop Grumman Corp. must wait until the resolution of an underlying proposed class action accusing it of decades-long environmental contamination before it can learn if Chubb unit Century Indemnity Co. has any coverage obligations to the aerospace giant, a New York federal court ruled.

  • December 05, 2022

    Travelers Entitled To $150K Surety Payment, Judge Says

    Two members of a construction company must repay a Travelers unit $150,000 under a surety bond, a Maryland federal judge ruled, finding that the insurer acted reasonably in paying out claims made against the bond.

  • December 05, 2022

    Insurer Again Asks To Duck Defending Grocer In BIPA Suit

    A grocery chain's insurer again asked an Illinois federal court for an early determination that it need not defend the chain in a suit accusing it of violating Illinois' Biometric Information Privacy Act, saying the statute of limitations had expired for all potentially covered underlying claims.

  • December 05, 2022

    Life Insurer Can't Use Unclear Flight Exclusion, 5th Circ. Told

    The widow of a man who died in a plane crash urged the Fifth Circuit to overturn a ruling that she's not entitled to $1.8 million under her husband's employer-sponsored life insurance policy, arguing an insurer can't rely on a "poorly written" exclusion for noncommercial flights.

  • December 05, 2022

    Real Estate Co. Not Covered For Renovation Suit, Insurer Says

    A real estate management company isn't entitled to coverage for a suit alleging it mismanaged renovations at a Los Angeles apartment complex, a State Farm unit told a California federal court, saying the company was aware of the potential claim but failed to disclose that on its policy application.

Expert Analysis

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • A Recovery Option For Lenders With Planes Stuck In Russia

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    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Insurance Perils For Health Providers Using 3D-Printing Tech

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    As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.

  • Insurance Ruling Provides Lessons On Cyberattack 'Twofers'

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    A recent Minnesota federal court decision, SJ Computers v. Travelers, illustrates how an insurance policy with separate limits for computer fraud and social engineering fraud applies to a cyberattack with both components, say Joshua Polster and Laurel Fresquez at Simpson Thacher.

  • D&O Insurer Challenges Amid Market, Economic Turbulence

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    The decline of record market capitalizations, compounded by high litigation and securities class action exposure, leaves directors and officers insurance carriers and issuers facing economic contraction as companies grapple with the institutionalization of environmental, social and governance investment priorities amid a new Cold War, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • Risk Mitigation In Face Of Rising Legal Malpractice Claims

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    As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

  • 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

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    The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

  • What Del. Officer Exculpation Law Means For D&O Insurance

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    Following a recent Delaware code amendment to allow corporate exculpation of officers, businesses considering whether to update their articles of incorporation accordingly should factor in the potential benefits respecting the availability and cost of directors and officers insurance, say Bryan Coffey and Peter Gillon at Pillsbury.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • Insurance Implications For Aircraft Grounded In Russia

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    Russia's invasion of Ukraine and new law that allows the government to ground planes leased from foreign companies threatens massive losses for insurers in the aviation insurance market and necessitates a closer look at which policy exclusions may apply, say attorneys at Hinshaw.