Specialty Lines

  • January 25, 2024

    Class Seeks OK Of $24M Hidden Fee Deal With AIG Units

    A class of travel insurance buyers has asked a California federal judge to greenlight their nearly $24 million settlement resolving claims accusing three AIG units of stacking hidden fees on top of travel insurance premiums.

  • January 25, 2024

    6th Circ. Won't Reverse 'Willy-Nilly' For Investment Firm

    A Sixth Circuit panel told investment firm Stout Risius Ross Inc. it wouldn't reverse a Michigan federal court's decision "willy-nilly" at oral arguments Thursday, when the firm sought to prevent partial reimbursement for underlying stock valuation litigation while its insurer continued to fight for total payback.

  • January 25, 2024

    Insurer Must Defend Managing Agent In Arbitration, Court Told

    Redpoint County Mutual Insurance Co. urged a Texas federal court to ensure that a Berkley unit provides coverage to a managing general agent in arbitration who is accused of causing Redpoint more than $2 million in damages.

  • January 25, 2024

    Advisory Firm Asks 6th Circ. To Ax Insurer's Win In SEC Case

    An investment advisory firm argued Thursday that a Tennessee federal court erred in deciding that its insurance policy excluded coverage for an underlying suit from the U.S. Securities and Exchange Commission, telling a Sixth Circuit panel that the exclusion rendered the policy illusory.

  • January 24, 2024

    BofA Fell For $2.1M Check Fraud Despite Red Flags, Suit Says

    A Kansas-based insurance exchange said Wednesday that Bank of America missed several "clear and conspicuous" indicators that a $2.1 million check purportedly submitted by its customer was actually fraudulent, instead providing the money to a medical group that illegally altered the check's address and date.

  • January 24, 2024

    Pot Insurance Suit Belongs In Federal Court, Judge Says

    A federal magistrate judge in New Mexico has recommended that a proposed class action over insurance coverage for medical cannabis not be sent back to state court, finding Wednesday that the federal court has jurisdiction to hear the suit against Blue Cross and Blue Shield and other insurers.

  • January 24, 2024

    4th Circ. Rejects Adviser's Bid To Revive Coverage Suit

    An AmTrust insurance unit wasn't required to cover an investment adviser for defamation suits under a professional liability policy issued to her former employer, a Fourth Circuit panel ruled Wednesday, saying the adviser's failure to collect certain expenses under a primary policy doesn't obligate the excess insurer.

  • January 24, 2024

    Apartment, Insurers Settle Stalled Construction Coverage Row

    A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.

  • January 24, 2024

    Kayne Anderson Loses Coverage Bid In $22M Copyright Row

    Investment adviser Kayne Anderson lost its bid for coverage for a collective $22 million in legal expenses and settlement costs after a California appeals court agreed that a copyright dispute over unauthorized copying of an energy news publication does not fall within its policies' scope.

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 24, 2024

    Insurer Can't Duck $2M Nursing Home Judgment, Family Argues

    The insurer of a now-bankrupt Georgia nursing home can't escape its obligations to cover a $2.1 million default judgment won by the family of a woman who died in the home's care, the family has told a federal judge.

  • January 23, 2024

    Oil Co. Says Power Co. Owes $11M For Injury Defense

    An oil and gas company seeking up to $11 million in coverage from a power company for an underlying electic shock injury suit told a Wyoming federal court that the power company should've made it an additional insured on its policies, per the companies' agreement.

  • January 23, 2024

    College Wants 9th Circ. Opinion In $1.5M Fraud Coverage Spat

    A for-profit college that settled with the U.S. government after being accused of stealing money meant to fund veterans' education asked the Ninth Circuit to weigh in after a California federal court said its insurer didn't have to cover nearly $1.5 million in connected investigation defense costs.

  • January 23, 2024

    Berkshire Unit Seeks Partial Win In Senior Center Liability Suit

    A Berkshire unit is seeking a partial win against a senior care center over an underlying wrongful death suit, telling an Illinois federal court that it cannot be expected to defend the center when a self-insured retention has not been satisfied.

  • January 23, 2024

    Progressive Customers Fire Back At Proposed Dismissal

    Progressive customers in a consolidated proposed class action surrounding the exposure of nearly 350,000 users' personal data to unauthorized actors urged an Ohio federal judge to reject the insurer's dismissal bid, arguing in part that the motion couldn't get around Progressive's own admission to the leak of information.

  • January 23, 2024

    Candy Maker Wants $5M Recall Coverage Suit Tossed

    A Texas-based candy company urged a New York federal court to either toss an insurer's lawsuit seeking to avoid coverage for a nearly $5 million recall over metal fragments found in certain gummy candies or transfer the case to Texas, where the company sued its insurer.

  • January 22, 2024

    Insurer Can Proceed With $1.7M Settlement Contribution Suit

    Viad Corp. can't escape an insurer's suit seeking to recover $1.7 million of a nearly $160 million settlement with the state of Montana, a Nebraska federal court ruled Monday, finding the insurer plausibly alleged that the company could be liable under a reinsurance contract.

  • January 22, 2024

    Insurer Says Dive Shop Not Covered For Boat Propeller Injury

    Dan Risk Retention Group Inc. has asked a Florida federal court to declare that it does not have to defend a scuba dive operator in a suit filed by a diver whose arm was injured by a boat propeller during a dive.

  • January 22, 2024

    No Coverage For Facility Under Canceled Policy, Insurer Says

    An insurer told an Oklahoma federal court that an assisted living facility is not owed coverage for a suit over a resident's fall, saying the facility's commercial multiperil policy was canceled for nonpayment days before the underlying suit was filed.

  • January 22, 2024

    Southwest's 5th Circ. Win Broadens Scope Of Cyber Coverage

    Policyholders and Southwest Airlines alike notched an important win when a Fifth Circuit panel undid a ruling barring excess cyber insurance coverage for costs stemming from the airline's 2016 computer network failure, potentially expanding the scope of cyber coverage.

  • January 22, 2024

    Oil Services Co. Seeks Refinery Pollution Coverage

    A Chapter 11 liquidating trustee for the estate of a company that stored and refined crude oil in the U.S. Virgin Islands has sued the firm's pollution liability insurers in Texas bankruptcy court, requesting millions of dollars in coverage for putative class actions accusing the debtor of causing pollution damage.

  • January 22, 2024

    Lockton Can Proceed With Poaching Suit Against Rival

    A Missouri federal court has kept alive insurance brokerage Lockton's lawsuit accusing its former higher-ups of conspiring with California-based competitor Alliant in a poaching scheme, saying the competitor cannot escape a forum-selection clause that was in the former elites' contracts.

  • January 22, 2024

    Smucker's, Insurer Want $8M For Fire Smoldering Nut Sparked

    Smucker's and its insurer are seeking to recoup $8 million for fire damages at a peanut butter factory, saying a refrigerator repair technician's mistake led to an evacuation that left no personnel there to extinguish the fire, according to a suit removed Friday to Kentucky federal court.

  • January 22, 2024

    Condo To Tell 6th Circ. Insurer Must Cover Resident Suits

    A Detroit condominium association said it will urge the Sixth Circuit to reverse a Michigan federal court's ruling that its insurer does not owe it coverage for underlying suits over damaged fences, defamation and legal fees.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

Expert Analysis

  • ALI, Bar Groups Need More Defense Engagement For Balance

    Author Photo

    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • Private Equity Firms Shouldn't Overlook Cybersecurity Risks

    Author Photo

    Given the operational, financial and reputational costs at stake, and the growing threat of cybercrime, cybersecurity should be central to deal making, internal governance and post-acquisition management for private equity firms, say Ray Bogenrief and William Ridgway at Skadden.

  • ​​​​​​​BIPA Ruling Furthers Mixed Signals On Insurance Coverage

    Author Photo

    A recent Illinois appellate ruling in Remprex provides another perspective on the issue of insurance coverage for Biometric Information Privacy Act lawsuits, but its reach will be limited, as it did not cover the three exceptions that have been the focus of related federal court decisions, says Charles Insler at HeplerBroom.

  • What Texas Misrepresentation Ruling Means For Insurers

    Author Photo

    The Texas Supreme Court's recent decision in American National Insurance v. Arce, confirming that insurers must prove intent to deceive in order to rescind coverage based on material misrepresentation, solidifies additional burdens for insurers to consider during both the underwriting and claims adjudication processes, say Josh Pedelty and Javon Johnson at Husch Blackwell.

  • Less Cyber Coverage, More Compliance Risk For Cos.

    Author Photo

    Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.

  • Climate Reporting Regs Mean New Risks To Insure

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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.