Specialty Lines

  • February 08, 2024

    Insurer Improperly Settled Shooting Claims, Court Told

    A Seattle-based housing provider said its primary insurer improperly tendered policy limits to settle two underlying claims alleging the provider was liable for deadly shootings near its apartment buildings in Georgia, telling a Washington state court that its insurer's actions have diluted its coverage for other claims.

  • February 07, 2024

    Insurer Ducks Some Coverage Of Dredge Tank Defect Suit

    A Wisconsin federal judge Wednesday ruled partially in favor of an insurer seeking a declaration that it needn't cover a metal fabricator's defense in an underlying arbitration over allegedly defective dredge tanks.

  • February 07, 2024

    Insurer's Suit Over Class Action Coverage Early, Covisint Says

    An insurer's lawsuit seeking to dodge coverage for an underlying shareholder class action alleging an unfair merger should be dismissed, former Covisint executives told a Michigan federal court, saying the issue of coverage is not ripe for dispute.

  • February 07, 2024

    NC Panel Reverses Doctor's Malpractice Coverage Win

    The North Carolina Court of Appeals reversed a trial court’s decision that found a doctor was entitled to defense coverage under his medical malpractice policy for a state medical board investigation, ruling that the doctor failed to timely notify the insurer of the investigation and therefore did not deserve coverage.

  • February 07, 2024

    Travelers Must Cover $2M Tainted Benzene Load, Co. Says

    A multinational chemical company accused Travelers in New York federal court of unreasonably denying coverage for over $2.1 million it lost from a contaminated benzene shipment, saying the insurer must also cover costs incurred from suing at-fault parties since it further evaded its subrogation obligations.

  • February 07, 2024

    Life Insurance Managers Botched Policy Surrender, Suit Says

    A group of financial insurance advisory companies mishandled the surrender of a life insurance policy and caused the beneficiary to lose more than $300,000 in benefits, the beneficiary told a New Jersey federal court.

  • February 06, 2024

    Investment Report Shows Cost Of Delaying Climate Action

    Insurers could face billions of dollars in losses if they continue with their current courses of investments that contribute to climate change, according to a new analysis by insurance regulators from California, Oregon and Washington.

  • February 06, 2024

    AIG Owes Coverage In $5.4M Contamination Suit, Co. Says

    A Houston-based plastics manufacturer told a Texas federal court that an AIG unit must defend and indemnify it in a $5.4 million lawsuit over contaminated plastic containers, saying the insurer has failed to tender defense costs despite agreeing to defend the company almost a year ago.

  • February 06, 2024

    Insurer Says Claims NJ Diocese Knew Of Abuse Bar Coverage

    An insurer doesn't have to indemnify the Diocese of Trenton in over 200 lawsuits alleging sexual molestation by diocese clergy, it told a New Jersey federal court, maintaining that the underlying suits asserted that the diocese had knowledge of the incidents.

  • February 06, 2024

    Chubb Unit Must Cover Lightning-Struck Yacht, Court Told

    A yacht's former owner told a Florida federal court that a Chubb unit breached its contract by not paying for damage that occurred after the $13.5 million vessel was struck by lightning while headed for repairs for flooding caused by a toilet valve malfunction.

  • February 06, 2024

    Wealth Co. Says Insurers Owe Coverage In Meth Suits

    A Seattle wealth management company told a Washington state court that its insurers have improperly withheld defense coverage for underlying suits alleging a trust beneficiary harmed his condominium neighbors by using and manufacturing meth.

  • February 05, 2024

    Insurer, Pharmacy Settle Horse Death Coverage Dispute

    A coverage dispute between an insurer and a veterinary pharmacy over defense and indemnity for an underlying action involving the deaths of two horses was settled between the two parties Monday in Texas federal court.

  • February 05, 2024

    Fla. Legislative Session: Property Insurance Bills Roundup

    Florida lawmakers have put forward dozens of proposals to address insurance challenges in the state, from a bill that would expand coverage from the state's last resort insurer to another that contemplates mangroves as bulwarks against flooding.

  • February 05, 2024

    JCPenney Cardholder's Proposed $5M Insurance Suit Fails

    A JCPenney credit card holder who bought health insurance through a promotion tied to the card lost her bid in Mississippi federal court Monday to continue her $5 million proposed class action over what she believed were intentional delays in paying for her hospital stay.

  • February 05, 2024

    No CGL Coverage For Home Depot Data Breach, 6th Circ. Told

    Two insurers have told the Sixth Circuit they owe no commercial general liability coverage to Home Depot for its $172 million settlement with financial institutions over a 2014 breach of customer payment information, arguing an electronic data exclusion wholly barred coverage for the institutions' claimed losses.

  • February 05, 2024

    Berkley Wants Out Of Defending Atty In $750K Trust Dispute

    An insurer told an Illinois federal court it doesn't owe defense or indemnification to an insured attorney in an underlying action from a trust alleging it's owed more than $750,000 in overdue payments, arguing there is no coverage for the trust's suit in the attorney's firm's policy.

  • February 02, 2024

    Insurance Coverage Excluded In Condo Sale, 11th Circ. Told

    An insurance company urged the Eleventh Circuit on Friday to reverse a lower-court decision forcing it to provide coverage in a Florida condominium sale gone wrong, saying it was excluded from defending a claim against a real estate agent accused of converting the transaction's proceeds.

  • February 02, 2024

    Calif. Rate Approvals Centered In Coverage Crisis Debate

    A California law permitting public challenges to proposed premium increases is saving policyholders billions of dollars, a consumer advocacy group recently reported, a claim that has drawn scorn from industry professionals amid efforts to change the law to better favor carriers. 

  • February 02, 2024

    Insurer Can't Forum Shop For Living Facility Row, Co. Says

    A successor in interest to a $1 million judgment against an assisted living facility accused the facility's insurer of forum shopping to free itself from paying out the judgment, telling an Oklahoma federal court that the insurer's federal suit is duplicative of an existing state court garnishment action.

  • February 02, 2024

    Owner Says Insurer Can't Dodge Tenn. Hooters Bombing Row

    The insurer of a Hooters restaurant that was decimated in a 2020 Christmas Day bombing appointed a crooked appraiser who tainted a damage award, the historic property's owner told a Tennessee Federal Court, adding that the biased determination was invalid under state law.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 02, 2024

    Insurer Resists Covering Law Firm In Bankruptcy Fraud Suit

    A law firm is not entitled to coverage for a suit alleging it intentionally filed for bankruptcy on behalf of a client in violation of an arbitrator's order, its professional liability insurer told an Illinois federal court, saying intentional wrongful acts are not covered under the policy.

  • February 01, 2024

    Liberty Owes $600K In Lost Shoe Coverage, Co. Tells Court

    Liberty Mutual Fire Insurance Co. owes $600,000 to Indiana-based store chain Shoe Sensation for three lost semitruck shipments that the insurer improperly treated as one loss, the chain told a federal court Thursday.

  • February 01, 2024

    Life Insurance Co., Named Beneficiary Settle Void Policy Suit

    A South Carolina woman who said she was the beneficiary of $300,000 in her brother-in-law's life insurance policy settled the insurer's case against her claiming the policy was wrongly issued, a South Carolina federal court said Thursday.

  • February 01, 2024

    Policy Language Copyright Suit Must Continue, Court Told

    An insurance policy licensing group and an underwriting company told a Connecticut federal judge that their copyright claims alleging a competitor stole key and unique policy language cannot be tossed, saying a carrier's motion to dismiss raises a fact issue that precludes dismissal.

Expert Analysis

  • 3 Quirks Of New Jersey Insurance Coverage Law

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    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • How Del. 'Arising Out Of' Ruling May Affect Insurance Cases

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    The Delaware Supreme Court decision in Ace American Insurance v. Guaranteed Rate focused on a professional services exclusion, but the ruling has wide-ranging application in insurance coverage disputes involving any exclusions that employ "arising out of" or similar prefatory language, say Keith McKenna and Maria Brinkmann at Cohen Ziffer.

  • Assessing D&O Coverage Amid Challenges To DEI Policies

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    As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.

  • Potential Relief For Nevada Insureds Is On The Horizon

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    A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.

  • How Reps And Warranties Insurance Can Aid Sellers In M&A

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    Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.

  • 1st Circ. Harvard Ruling Provides Primer On Policy Provisions

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    In its recent finding of no coverage for Harvard due to the school's failure to give Zurich American Insurance timely notice of its claim, the First Circuit provides a good analysis of the distinctions between occurrence and claims-made policies, including the rationale for differences in notice provisions, says Andrew Paliotta at Cozen O'Connor.

  • Nev. Insurance Law May Mean Turmoil In Liability Market

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    Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.

  • SEC's New Rules Likely Will Affect Cyber, D&O Insurance

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    The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Key Provisions In Florida's New Insurer Accountability Act

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    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • 10th Circ. Remand Of ERISA Claims To Insurer Is Problematic

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    The Tenth Circuit recently gave the defendant another bite at the apple in David P. v. United Healthcare by remanding Employee Retirement Income Security Act claims for reprocessing, but the statute lacks any provision authorizing remands of ERISA cases, says Mark DeBofsky at DeBofsky Law.

  • Insurers, Prepare For Large Exposures From PFAS Claims

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    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

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    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.