Specialty Lines

  • March 19, 2024

    State Farm Must Face Wire Fraud Coverage Suit

    A State Farm unit can't escape a property owners association's suit seeking directors and officers coverage for underlying litigation stemming from an alleged wire fraud incident, a California federal court ruled, saying the association's claimed loss falls within the basic scope of coverage.

  • March 18, 2024

    Justices Tilt Toward NRA In Free Speech Row With Regulator

    A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.

  • March 18, 2024

    Colo. HOA Not Covered In Travelers Repair Payment Row

    A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.

  • March 18, 2024

    Excess Insurer Can Duck Bankruptcy Suit, 2nd Circ. Affirms

    The director of distressed medical companies was again prevented Monday from forcing an excess insurer to follow form and cover him in adversarial South Carolina bankruptcy proceedings, a Second Circuit panel found, upholding a New York federal court decision.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 14, 2024

    Lehman Brothers Can't Undo Trial Loss Over Crisis-Era CDS

    A New York appeals court on Thursday affirmed a bench trial loss Lehman Brothers' bankrupt European unit suffered last year in a suit attempting to claw back nearly half a billion dollars from Assured Guaranty over losses on credit default swaps tied to the 2008 financial crisis.

  • March 14, 2024

    Insurance Litigation Week In Review

    A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.

  • March 14, 2024

    8th Circ. Weighs If No-Bill Agreements Break Minn. Law

    The Eighth Circuit carefully considered arguments Thursday between six Farmers units and a policyholder class as to whether the carriers' agreements with healthcare providers restricted the class's medical expense coverage in violation of Minnesota law, giving little indication of which way it leaned.

  • March 14, 2024

    Justices To Consider Insurer's Right To Participate In Ch. 11

    The U.S. Supreme Court is expected to hear arguments Tuesday on whether Truck Insurance Exchange retains standing to oppose the proposed reorganization plan of two bankrupt manufacturers facing a bevy of underlying asbestos injury claims, after the Fourth Circuit blocked Truck's opposition since the plan was "insurance neutral."

  • March 14, 2024

    Insurer Climate Info Partnership Ups Federal Monitor's Role

    A new data-sharing partnership between the U.S. Treasury and state insurance regulators reflects the government's growing interest in understanding and monitoring climate change risks to insurance markets, experts say, but questions remain over the extent to which the data will fully reflect the industry's risks and carbon footprint.

  • March 14, 2024

    4th Circ. Weighs Insurer's Duty To Defend Land-Use Dispute

    The Fourth Circuit will decide whether to overturn a West Virginia federal ruling allowing an insurer to avoid covering a sustainable farm that has been accused by the oil and gas company of blocking it from drilling wells in a $4 million state land-use dispute. Here, Law360 breaks down the case in advance of the forthcoming decision.

  • March 14, 2024

    Justices To Weigh Free Speech, Gov't Oversight In NRA Row

    The U.S. Supreme Court will hear arguments next week over whether a former New York state official illegally pressured financial institutions to cut ties to the National Rifle Association, setting up a showdown between free speech rights and regulatory oversight.

  • March 14, 2024

    An Insurance Attorney's Call To Military Service

    Jeffrey Bristol of Parrish Law PA is a self-described "later-in-life lawyer" wearing many hats because he has dedicated more than a decade to serving in multiple branches of the U.S. armed forces.

  • March 14, 2024

    Towers Watson Ruling Energizes Bump-Up Supporters, Critics

    A Virginia federal court decision freeing Towers Watson's insurers from covering shareholder suit settlements totaling $90 million has offered carriers support for their use of the so-called bump-up exclusion and prompted criticism from policyholders that the exclusion has gone too far.

  • March 13, 2024

    PNC Bank Can't Get $106M Judgment Covered By Insurers

    PNC Bank NA is not entitled to coverage by a group of excess insurers for a $106 million judgment it incurred in an underlying lawsuit alleging the bank's predecessor mismanaged funeral trust accounts, a Pennsylvania federal judge ruled Wednesday, saying the policies' exclusions bar coverage in this case.

  • March 13, 2024

    Wash. Law Firm, Travelers Settle $136K Theft Coverage Fight

    A Seattle law firm and Travelers settled their coverage dispute over an employee's nearly $136,000 worth of unauthorized charges on a credit card, the parties told a Washington federal court.

  • March 13, 2024

    Health Plan Provider's Settlement Notice Costs Not Covered

    An insurer has no duty to indemnify a health insurance provider for notice costs incurred in a class action over denied medical benefits, a Montana federal court ruled, finding that the costs do not constitute "claim expenses" under the provider's errors and omissions policy.

  • March 12, 2024

    Gunmaker, Insurer Settle Coverage Of NY 'Ghost Gun' Suits

    A gunmaker accused by the New York attorney general and two cities of facilitating the creation of so-called ghost guns has reached a coverage settlement with one of its insurers, the parties told a Florida federal court Tuesday, leaving the gunmaker's coverage claims against another insurer still pending.

  • March 12, 2024

    NJ Diocese Asks Court To Toss Insurer's Abuse Coverage Suit

    The Catholic Diocese of Trenton asked a New Jersey federal court to toss an insurer's action seeking to escape coverage for more than 200 suits alleging sexual abuse by clergy, saying the coverage dispute is "premature, vague, and ambiguous."

  • March 11, 2024

    Urologist Seeks Coverage For Defective Penile Implants Suit

    A urologist's medical device company told a California federal court that two insurers must cover it, the doctor and his practice in an underlying class action alleging that a silicone implant invented for penile enlargement, and the procedure that went with it, left patients with permanent damage.

  • March 08, 2024

    Exclusion Bars Coverage For Ga. Fair E. Coli Suit

    Nautilus Insurance Co. has no duty to defend or indemnify a harvest fair accused in an underlying state court suit of exposing two children to E. coli, a Georgia federal court has ruled, saying an infectious disease exclusion unambiguously precludes coverage.

  • March 08, 2024

    Trump Staves Off $83M Carroll Award With $91M Chubb Bond

    Chubb has written Donald Trump a $91.6 million bond so the former president can avoid paying writer E. Jean Carroll $83 million while he appeals a Manhattan federal jury's defamation verdict, according to Friday court filings.

  • March 08, 2024

    Coverage Capped At $300K In Crash Suit, 4th Circ. Told

    An insurer urged the Fourth Circuit to uphold a lower court's ruling restricting a couple's underinsured motorist coverage to $300,000 following a wreck, arguing that the policy's language prevails over a North Carolina statute and, as such, its payout is offset by three primary insurers' contributions.

  • March 07, 2024

    Insurance Litigation Week In Review

    The California Supreme Court heard COVID-19 coverage arguments, the Fifth Circuit ordered arbitration between a property owner and its domestic insurers, and a New Hampshire federal court said Liberty Mutual owes no defense for class action claims over a sleep machine cleaner.

  • March 07, 2024

    Mixed Feelings On AI At Cyberinsurance Symposium

    Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring. 

Expert Analysis

  • Climate Reporting Regs Mean New Risks To Insure

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    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

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    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • FTX Proceedings Highlight D&O Issues Amid Bankruptcy

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    A Delaware bankruptcy judge’s recent refusal of Samuel Bankman-Fried's request to access FTX's directors and officers coverage serves as a reminder of the interplay of bankruptcy law and D&O insurance policies, and some best practices for policyholders when pursuing D&O coverage during bankruptcy, say Geoffrey Fehling and Justin Paget at Hunton.

  • 5 Tips For Filing Gov't Notices After Insurance Producer M&A

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    As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.

  • Insureds' Notice Pleading May Be Insufficient In Federal Court

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    A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.

  • 5th Circ. Offers Expert Opinion Guidance For Insurance Cases

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    A recent Fifth Circuit decision in Majestic Oil v. Lloyd's of London provides insight into how Texas' concurrent causation doctrine could affect insurance cases where the cause of damage is at issue, and raises considerations for litigants faced with new or revised expert reports after the deadline has passed, say Brian Scarbrough and Cianan Lesley at Jenner & Block.

  • DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly

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    The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • A Look At Florida's Aggressively Pro-Insurer Tort Reform

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    Florida's new tort reform law is an unwarranted gift to insurance companies that seeks to strip policyholders of key rights while doing little to curb excessive litigation, say Garrett Nemeroff and Hugh Lumpkin at Reed Smith.

  • Navigating High Court's Options In Insurer Choice Of Law

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    Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.

  • Practical Tips For Managing Bank D&O Liability Risk

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    With the failures of Silicon Valley Bank and Signature Bank potentially inspiring regulators to increase scrutiny of management at similar institutions, banking directors and officers should mitigate personal liability risks through keen attention to sound banking practices and regulators' announced priorities, say attorneys at Perkins Coie.

  • Establishing A Record Of Good Faith In Mediation

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    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

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    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.