Specialty Lines

  • January 11, 2024

    Nationwide Wins Dismissal After Pruning Billing Class Action

    Nationwide defeated a proposed class action brought by a Pennsylvania man who was seeking confirmation that the insurer was wrongly denying medical benefits related to vehicle crash injuries, with a Pennsylvania federal judge ruling that his breach of contract allegations were insufficient to survive dismissal.

  • January 10, 2024

    Foster Org. Not Covered In Child Neglect Suit, Insurer Says

    Philadelphia Indemnity Insurance Co. asked a Missouri federal court Wednesday to rule that it does not have to defend a foster care nonprofit and one of its employees from a suit alleging they were negligent in the abuse and death of a 3-year-old.

  • January 10, 2024

    Coverage Fight Over Ad Infringement Suit Stays In Fed. Court

    A Minnesota federal judge refused Wednesday to send a dispute over coverage of a copyright infringement suit settlement back to state court, finding the policyholder's mailing of service to the wrong address meant its insurer's removal to federal court could proceed.

  • January 10, 2024

    Chubb Unit, Bank Settle $15M Scam Coverage Row

    A Chubb unit and a California banking company settled their dispute over coverage for a $15 million loss the bank suffered after granting a loan to a woman posing as an heir to aerospace giant McDonnell Douglas Corp., the parties told a federal court Wednesday.

  • January 10, 2024

    Insurer Can't Get Atty Fees After $10M Death Coverage Win

    An architecture firm's insurer cannot recover attorney fees it incurred while successfully opposing coverage for a suit seeking more than $10 million over a worker's death, a Florida federal court ruled Wednesday, adopting a magistrate's finding that the insurer's declaratory suit wasn't a civil action for damages.

  • January 10, 2024

    Del. Justices Make Waves Undoing Verizon Fraud Coverage

    The Delaware Supreme Court delivered a surprising upset by overturning Verizon's coverage of a $95 million settlement with a bankruptcy trust over a fraudulent transfer suit, providing policyholders a loss of uncertain proportions.

  • January 10, 2024

    Celsius Insurers Seek OK To Pay Execs' Defense Costs

    Four excess insurers asked a New York bankruptcy judge to let them provide defense coverage to Celsius Network executives facing investigations, subpoenas and lawsuits.

  • January 10, 2024

    Geico Drops No-Fault Charges Suit Against NY Pharmacy

    Geico informed a New York federal court that it has put to rest a lawsuit alleging a New York pharmacy exploited the Empire State's no-fault insurance system by submitting $1.4 million in fraudulent billing for pharmaceutical products to treat individuals involved in car accidents and eligible for coverage through the insurer.

  • January 10, 2024

    2nd Circ. Inverted Pleading Standards, NRA Tells Justices

    The National Rifle Association of America urged the U.S. Supreme Court to reverse a finding that a former New York state official's statements advising NRA-affiliated businesses to assess their reputational risks did not violate the association's constitutional rights, saying the Second Circuit inverted pleading standards.

  • January 10, 2024

    Background Check Co. Had Duty To Defend Security Provider

    A background check company breached its duty to defend a security services provider accused of negligently hiring a security guard who two patients alleged assaulted them at a California medical center, a Colorado federal court ruled, saying the underlying allegations clearly triggered the company's indemnity obligations.

  • January 09, 2024

    Insurer Asks NC Justices To Help Secure $524M Judgment

    An insurer urged the North Carolina Supreme Court to review a state appeals court's judgment reversing limitations on an embattled insurance mogul's transfer of assets, maintaining that the decision "substantially diminishes" its ability as a judgment creditor to collect a more than $524 million award.

  • January 09, 2024

    Judge Scoffs At Broker's Pose To Insurer In Buccaneers Deal

    In an appeal by Axis Insurance Co. seeking to overturn an Indiana federal judge's decision siding with a broker in an indemnity coverage row involving the Tampa Bay Buccaneers, one judge on the appellate panel accused the broker on Tuesday of hiding from Axis' claim until a settlement was reached.

  • January 09, 2024

    Insurance Broker Says Competitor Infringed Trademarks

    An insurance broker sued another insurance broker it claimed has infringed on its trademarks and variations of the marks, telling a Texas federal court to find that it is entitled to collect its competitor's profits from the infringement.

  • January 09, 2024

    Surgical Gown Manufacturer Ends $3M Recall Coverage Row

    A medical supply manufacturer told a Texas federal court Tuesday that it had settled a dispute with its insurers over coverage of more than $3 million in losses from the production and recall of surgical gowns made with inadequate material.

  • January 09, 2024

    Conn. Dealership's Arson Coverage Suit Pared To Single Claim

    A Connecticut federal judge has tossed most claims lodged against two insurers in a used car dealership's coverage suit stemming from a 2019 fire caused by arson, allowing only one breach of contract claim against an insurer to continue.

  • January 09, 2024

    Insurers Must Cover Loss Of 500K Bushels Of Soybeans

    A New York state judge said three insurers must cover a commodity company's loss of over 500,000 bushels of soybeans resulting from a Mississippi-based warehouse's entrance into bankruptcy in September 2021, finding the loss occurred during the policy period.

  • January 09, 2024

    Hinshaw Adds 6-Atty Insurance Team In LA, San Francisco

    Hinshaw & Culbertson LLP announced Tuesday that it has brought on six insurance attorneys in San Francisco and Los Angeles, including three partners and three senior counsel, from now-closed Coddington Hicks & Danforth.

  • January 09, 2024

    Car Care Provider Wants 'Fact-Phobic' Class Action Tossed

    A vehicle care protection provider and its insurer urged a Washington state federal court to toss a "fact-phobic" proposed class action accusing the provider of illegally selling noncompliant service contracts, saying the agreement at issue is not a service contract.

  • January 09, 2024

    Insurance Boutique Co-Founder Joins McGuireWoods

    A founding partner of insurance boutique Pasich LLP and former adviser at consultancy AECOM is joining McGuireWoods LLP's national insurance recovery team, the firm said Monday.

  • January 08, 2024

    Claims Against LA Ad Firm Trimmed In $10M Fraud Row

    An Ohio federal judge trimmed claims of fraudulent misrepresentation and conversion against a Los Angeles-based advertising firm and its chief executive officer, leaving intact seven other counts in an insurer's $10 million racketeering fraud suit against an ex-executive and, the suit says, his co-conspirators.

  • January 08, 2024

    Store Says Insurers Owe $2.7M In Jewelry Heist Coverage Row

    A California jewelry store that won a $2.7 million judgment against a security company it accused of negligence after the store was burglarized said the security company's insurers must pay the judgment, arguing the insurers wrongly denied coverage for the security company.

  • January 08, 2024

    Fidelity National Financial Faces Data Breach Class Action

    Fidelity National Financial and a subsidiary are facing a proposed class action in Florida federal court that accuses the title insurer and mortgage lender of failing to protect the personal information of roughly 1.3 million customers from a November cyberattack.

  • January 08, 2024

    NJ Atty Settles With Insurer, Broker On Malpractice Coverage

    An attorney asked a New Jersey federal judge Monday to dismiss his suit seeking coverage for an underlying malpractice case, having settled his claims with his former insurer and broker through mediation.

  • January 08, 2024

    Insurance Broker Denies Fault In Harvard Admissions Case

    Harvard University's insurance broker said the school was more than a year late in complaining that the broker was tardy in telling Zurich American Insurance Co. about the anti-affirmative action suit that eventually ended race-conscious admissions in higher education.

  • January 05, 2024

    Insurance Mogul Fights Bid To Clarify Fraud Case Review

    An embattled insurance mogul has urged the North Carolina Supreme Court to resist a bid by a group of allegedly defrauded insurers to explain the terms of the court's agreement to review a potential $420 million judgment, arguing that it would be an "unprecedented" move.

Expert Analysis

  • Recent Rulings May Support False Claims Act Coverage

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    Following a banner year for U.S. Department of Justice recoveries in False Claims Act cases and with FCA investigations likely to grow, companies and executives facing FCA exposures may find support in recent policyholder-friendly decisions for both their underlying defense and related insurance claims, says Geoffrey Fehling at Hunton.

  • Anticipating Cyberinsurance Wartime Exclusion Questions

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.