Specialty Lines

  • 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.

  • January 05, 2024

    Drunken Driver Says Geico Forced $14M Settlement On Him

    A drunken driver accused of causing two deaths claimed Geico failed to settle a wrongful death claim against him for a reasonable value, forcing him to take a $14 million settlement deal one day before trial, according to a suit removed to Nevada federal court.

  • January 05, 2024

    Title Insurer Says Agent Schemed To Keep Property Deal Cash

    A title insurance underwriter told a Washington, D.C., federal court Friday that its agent for managing the sale of a local property schemed to misappropriate nearly $200,000 in funds from the sale, which were reserved to pay off the property's deed of trust, for the agent's own personal use.

  • January 05, 2024

    Insurers Can't Reargue In Ex-Xerox Unit Coverage Row

    A Delaware court remained steadfast Thursday in its decision to set aside a verdict finding an ex-Xerox unit that paid Texas a $236 million Medicaid fraud-related settlement tried to defraud its insurers into providing coverage, rejecting the insurers' request for a reargument.

  • January 05, 2024

    Hospital Says Travelers Owes Coverage For Physicians' Suit

    A Mississippi hospital said Travelers wrongfully denied coverage for a suit by two former physicians accusing the hospital of "malicious" and "outrageous" conduct, saying because the alleged wrongful acts occurred after the two were no longer hospital employees, a directors and officers exclusion does not apply.

  • January 04, 2024

    Geico Alleges Clinic Billed $2.5M In Fraudulent PIP Claims

    Seeking to recover more than $2.5 million, Geico has accused a pair of physicians of scheming to exploit the personal injury protection, or PIP, benefits of New York's no-fault insurance statute.

  • January 04, 2024

    Hanover Partially Settles Ga. Shooting Death Coverage Row

    The Hanover Insurance Co. settled its dispute with a trio of real estate companies over a shooting death at an apartment complex they manage in Georgia federal court Thursday, but maintained its ongoing dispute with the victim's estate.

  • January 04, 2024

    Md. Atty Not Owed Defense Coverage, 4th Circ. Finds

    A Maryland attorney is not entitled to defense costs under his law firm's insurance policy after he was indicted on allegations that he fraudulently seized control of $13 million in Somalian government funds, the Fourth Circuit has ruled, affirming in full a district court's summary judgment.

  • January 04, 2024

    Merck And Insurers Settle $1.4B Cyberattack Coverage Case

    Merck has reached a settlement with its insurers over whether the pharmaceutical giant's "all-risk" property insurance covered $1.4 billion in losses stemming from the 2017 NotPetya attack or if its "hostile/warlike" exclusion applies.

  • January 03, 2024

    No Coverage For Law Firm In Malpractice Suit, Insurer Says

    A law firm does not have coverage for a lawsuit accusing the firm of failing to bring a client's case against Johnson & Johnson to a new trial after the client's $48.2 million win was reversed, an insurer told a California court, saying a policy's retroactive date precludes coverage.

  • January 03, 2024

    Bulk Of Allegations Dismissed In Geico No-Fault Fraud Suit

    A New Jersey federal judge dismissed the bulk of fraud and racketeering allegations brought by Geico against a spine clinic and its medical director, concluding that the state's no-fault insurance statute requires arbitration for disputes over personal injury protection claims.

  • January 03, 2024

    Insurer Settles With Some Defendants In Virus Delay Cost Suit

    Four individual defendants settled with an insurer in its Florida federal court dispute against a construction company over claims on surety bonds during the COVID-19 pandemic, leaving the construction company as the sole active defendant in the case.

  • January 03, 2024

    Insurer Scores Partial Win In Contractor Project Cost Suit

    A Tennessee federal judge gave an insurer a partial win in its suit claiming a contractor owes more than $500,000 after the insurer paid to settle claims brought by two subcontractors regarding two separate projects, but denied its summary judgment bid against the contractor's related company.

  • January 03, 2024

    Detroit Condo Insurer Escapes Covering Underlying Clashes

    An insurer doesn't have to cover a Detroit condo facing suits over damaged fences, defamation and legal fees, a Michigan federal judge ruled, finding exclusions in the directors and officers policy doomed the claims.

  • January 02, 2024

    Insurer Can't Sue Over Moldy Forever 21 Clothes, Court Told

    A China-based freight logistics business urged a California federal court Tuesday to reject an insurer's bid for an early win in a lawsuit concerning a shipment of Forever 21 clothes that were purportedly damaged, saying the insurer hadn't shown that the cargo was actually marred.

  • January 02, 2024

    Lawyer's Liability Coverage Suit Sent Back To State Court

    A Pennsylvania federal judge overruled objections to a magistrate judge's recommendation that a dispute over coverage of an attorney accused of abuse of process be remanded to the state court from whence it came.

  • January 02, 2024

    Court Rejects Wells Fargo's Bid To Drop 'Human Wager' Suit

    Wells Fargo must continue facing a lawsuit accusing it of attempting to collect from a $4 million life insurance policy the insurer calls an "illegal human life wager," a New Jersey federal court ruled, also agreeing with the insurer that New Jersey law applies, not New York law.

  • January 02, 2024

    Insurer Drops Coverage Suit Over Firm's $459K Fraud Claim

    ALPS Property & Casualty Insurance Co. has dropped its suit against one of its insureds, a Vermont law firm, that was seeking coverage for a state court lawsuit claiming it lost a $459,000 mortgage payment to a scammer.

  • January 01, 2024

    Top Specialty Lines Rulings From The 2nd Half Of 2023

    The pivotal specialty lines decisions of 2023 tackled the nuances of policy language addressing the limits of exclusions, directors and officers coverage and coverage issues related to government investigation. Here, Law360 breaks down some of the most consequential specialty lines cases that wrapped up the year.

  • January 01, 2024

    Illinois Cases To Watch In 2024

    One of the biggest players in Illinois politics faces a criminal racketeering trial, a host of lawsuits filed under a decades-old genetic information privacy law will advance and the state's high court is expected to further weigh in on insurance coverage for litigation under the state's biometric privacy statute in some of the Illinois cases to watch in 2024.

  • January 01, 2024

    Insurance Legislation And Regulation To Watch In 2024

    The insurance industry is entering 2024 with a full plate of hot topic issues for legislation and regulation, including climate risk and data privacy, as rulemakers attempt to keep up with developing technologies and tackle home insurance challenges in vulnerable states. Here, Law360 looks at legislation and regulation topics the insurance industry will watch in the new year.

  • January 01, 2024

    The 5 Strangest Insurance Cases Of 2023

    Insurance protects policyholders from unforeseen situations, but some circumstances are so strange that even insurers couldn't have predicted them. Here, Law360 looks back on the strangest insurance cases of 2023.

  • January 01, 2024

    Top Specialty Lines Insurance Cases To Watch In 2024

    The new year promises to bring major decisions from the U.S. Supreme Court down to the district court level on issues affecting key questions in specialty lines of insurance coverage. Here, Law360 looks at specialty lines cases to watch in the first half of 2024.

  • December 21, 2023

    Manufacturer Says State Farm Stole Safe Driving Technology

    A New Mexico device manufacturer told a Texas federal court that State Farm is infringing two of its patents for safe driving technology that authenticates drivers and monitors vehicle operations via GPS through the insurer's "Drive Safe & Save" technology.

Expert Analysis

  • How D&O Insurers Can Limit Bankruptcy Exclusion Risks

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    Amid challenging economic conditions, directors and officers underwriters can't always rely on insolvency exclusions to protect against insured's bankruptcy claims, but there are ways to limit risk exposure, like by adding creditor exclusions or sublimiting coverage, say Kristine Christ at Crum & Forster, and Scott Schechter and Joshua DiLena at Kaufman Borgeest.

  • Questions Remain On Computer Fraud Coverage For Phishing

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    There are questions regarding the applicability of computer fraud coverage to phishing scheme losses in the wake of the Ninth Circuit's decision in Ernst & Haas v. Hiscox earlier this year, with a backdrop of differing case results and evolving fact patterns over the past few years, say Robert Callahan and Melissa D’Alelio at Robins Kaplan.

  • Insurers Must Be Vigilant About Cannabis Lounge Risks

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    Because cannabis lounges face a number of unique risks, such as overserving cannabis to patrons, insurers and risk management providers must be able to recognize and properly address the full range of potential liabilities, say Jonathan Isaacson and Adam Nicolazzo at Kaufman Dolowich.

  • Insurers Should Beware Risks From Digital Asset Losses

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    Personal lines insurers should not underestimate the potential severity of future exposure to digital asset loss claims, and should consider protecting themselves with new underwriting practices and policy exclusions, say attorneys at Sidley.

  • State Ransomware Payment Laws Raise Insurance Questions

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    Recent Florida and North Carolina statutory prohibitions on government agencies' ransomware payments will not just affect public entities' response to ransomware incidents, but also require consideration from insurers whose policies may cover ransom payments, say Ted Brown and Mallory Meaney at Wiley.

  • Anti-Kickback Circuit Split Holds Implications For Defendants

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    The Eighth Circuit's recent decision in U.S. v. D.S. Medical represents a significant step toward holding plaintiffs to more exacting burdens of proof in Anti-Kickback Statute False Claims Act suits, and the outcome of the resulting circuit split could decrease estimated damages for defendants, say attorneys at Gibson Dunn.

  • 8th Circ. Ruling Raises Bar For Anti-Kickback FCA Claims

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    The Eighth Circuit's decision in U.S. v. D.S. Medical makes it more difficult for plaintiffs to claim that a violation of the Anti-Kickback Statute supports False Claims Act liability, but an emerging circuit split and uncertainty regarding evidentiary requirements must be considered when developing a defense strategy, say attorneys at Winston & Strawn.

  • Insurance Tips For Cos. Offering Reproductive Health Benefits

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    Post-Dobbs state laws allowing legal action against anyone who facilitates an abortion could lead to claims against employers providing reproductive health benefits, so companies must ensure their insurance policies afford sufficient protection for any novel claims, say Heather Habes and Gretchen Hoff Varner at Covington.

  • Texas Tax Talk: Ruling May Erode Pro-Taxpayer Presumption

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    Following the recent Texas Supreme Court opinion in Hegar v. Health Care Service, the state comptroller may try to limit the utility of a long-standing presumption that ambiguous tax statutes must be construed strictly against the taxing authority and liberally for the taxpayer, say attorneys at Baker Botts.

  • Understanding Legal Considerations In Cannabis M&A Deals

    Excerpt from Practical Guidance
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    Zachary Turke and Peter Park at Sheppard Mullin discuss the unique set of challenges for both buyers and sellers in cannabis industry merger and acquisition deals, given the rapidly changing economic conditions, the ever-changing regulatory landscape and new market entrants.

  • Cybersecurity Basics Are Key to Combating Ransomware

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    Recent prohibitions on ransom payments and other public policy measures vastly underestimate the breadth and complexity of the ransomware problem and will only work if organizations adopt basic cyber defenses, says Kate Margolis at Bradley.

  • How M&A Insurers Can Increase Smaller Deal Servicing

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    As the number of M&A deals in the $50 million to $200 million range continues to grow, lawyers, insurance brokers and clients must address the trend away from covering these smaller transactions by working together to make it easier for carriers to consider submissions and to insure these types of risks, says Hilary Weiss at Liberty Global.

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.