Specialty Lines

  • 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.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Insurer Says Colo. Policy Spat 'Intertwined' With Atty Blunders

    The primary insurer for a Colorado climbing gear company said an excess insurer's bid to get out of liability for a climber's injuries should be heard in a Washington state malpractice suit, arguing in a motion that the policy dispute is "intertwined" with lawyer misconduct in the underlying product liability case.

  • January 19, 2024

    Club Shooting Victim Seeks Toss Of Insurer's Coverage Fight

    The victim of a 2019 shooting at a South Carolina nightclub urged a federal court Friday to toss a suit brought by the club's insurer over coverage for an $18.1 million default judgment, saying any ruling regarding the carrier's coverage obligations under the policy is moot.

  • January 19, 2024

    Insurance Mogul Fights Spending Clampdown In $524M Fight

    Embattled insurance mogul Greg Lindberg has pressed a North Carolina federal court to scrap a bid by an insurer, which won a $524 million judgment against him, to stop him from spending his money, arguing that the insurer had the same financial restriction overturned in a state court.

  • January 19, 2024

    Proposed $350B Federal Reinsurance Program Draws Scrutiny

    A proposed national reinsurance program lacks important details for legislation that would dramatically change the federal government's role in insurance markets, experts said, while offering competing ideas about whether such a program is needed at all.

  • January 19, 2024

    Md. Atty Seeks En Banc Review By 4th Circ. On Defense Costs

    A Maryland attorney asked the Fourth Circuit to reconsider a panel's decision saying he is not entitled to defense costs from his firm's insurer after being indicted on allegations he seized $13 million in Somalian government funds, arguing the decision undermines "the very purpose" of professional liability insurance.

  • January 19, 2024

    Insurer Resolves Damaged Goods Coverage Row Out Of Court

    An insurer abandoned its request in New York federal court for a second shot at freeing itself from defending a warehouse over a stored merchandise dispute, instead resolving the issue outside of court and stipulating the case's dismissal after months of delays.

  • January 19, 2024

    Progressive Hit With $5M Data Breach Class Action

    Progressive Casualty Insurance Co. was hit with a data breach class action in South Carolina federal court accusing the insurer of leaving customers' personal information vulnerable to hackers and risking them more than $5 million in damages.

  • January 18, 2024

    Title Co. Says It's Owed Defense In $700K Wire Mishap Suit

    A title company told a Florida federal court that Nationwide unit Scottsdale Indemnity Co. wrongfully refused to cover its defense in a suit over nearly $700,000 in property sale proceeds the company is accused of wiring to a third party instead of the seller.

  • January 18, 2024

    Yacht Owner Demands Insurer Cover $240K Engine Rebuild

    The owner of a $3.5 million yacht told a Florida federal court Thursday that its insurer breached its contract by failing to pay for more than $240,000 in water damage to its engine.

Expert Analysis

  • 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.

  • Del. Ruling Could Affect D&O Claims Beyond SPACs

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    A Delaware state court recently held in Clover Health v. Berkley Insurance that directors and officers of a post-merger entity were insured persons under a special-purpose acquisition company's D&O policy, a ruling that could have potential ramifications for future D&O claims in Delaware outside of SPAC deals, say Geoffrey Fehling and Janine Hanrahan at Hunton.

  • A Missing Issue In 'Blank Space' Insurance Ruling

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    As Norwegian Hull Club v. North Star heads to trial in Florida federal court, the most interesting part of the court opinion denying summary judgment is the argument it doesn't address — contra proferentem, which could have been used to resolve the case's blank space ambiguity in the policyholder's favor, say Jeffrey Mikoni and Scott Greenspan at Pillsbury.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • The Wide Oversight Implications Of Del. McDonald's Ruling

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    The Delaware Chancery Court's recent ruling that a McDonald's officer had oversight obligations on par with directors has wide-reaching implications for Delaware corporate law, including precedent for the court to hear sexual harassment claims, say attorneys at Fried Frank.

  • How Courts Are Clarifying D&O Policies' Bump-Up Provisions

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    The Seventh Circuit's recent decision in Komatsu Mining v. Columbia Casualty provides long-awaited appellate guidance on the inadequate consideration provision in directors and officers insurance — and the Fourth Circuit may provide more in its forthcoming ruling in Towers Watson v. National Union Fire Insurance, says Andrew Paliotta at Cozen O’Connor.

  • Crypto Coverage After FTX Fall: Crime And Custody Coverage

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    Cryptocurrency firm FTX's recent implosion provides a case study for potential crypto exposure under traditional insurance policies, and suggests carriers should ask some basic underwriting questions, including whether a company engages in transactions involving cryptocurrencies or holds digital assets in custody, says Anjali Das at Wilson Elser.