Specialty Lines
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January 08, 2025
Captive Insurer Says Reinsurer Must Cover Legionnaires' Row
The captive insurer of a Michigan healthcare system asked a federal court Wednesday to find that its reinsurer couldn't sell off coverage responsibilities and owes payment for underlying suits alleging various patients contracted Legionnaires' disease.
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January 07, 2025
Insurer Seeks Exit From Engineering Co.'s $1M Settlement
An engineering company's insurer told a Texas federal court it needn't cover the company's $1 million payment to settle a man's personal injury claims, arguing the company failed to give proper notice after the underlying court had already entered an over $7.2 million default judgment that was ultimately vacated.
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January 06, 2025
Insurance Execs Seek Defense Costs For Self-Dealing Suit
Insurance company executives who were fired amid accusations they stole assets from their company to start a competing venture demanded coverage for the dispute from their new business's insurer in Georgia Federal Court.
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January 03, 2025
Del. Court Rules Against Insurers In Harman 'Bump-Up' Case
In a closely watched ruling on director and officer insurer denials of mergers and acquisitions cost "bump-up" payouts, a Delaware judge sided on Friday with Harman International Industries' claims that insurance providers unjustifiably denied coverage for a $28 million settlement of challenges to Harman's 2017 merger with Samsung Electronics America Inc.
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January 02, 2025
D&O, Cyber Issues Top Specialty Line Cases To Watch In 2025
2025 promises to usher in significant developments in ongoing litigation fights over crucial specialty line insurance issues, including directors and officers and cyber risk policies. Here, Law360 speaks to experts for carriers and policyholders on the top cases to watch in the new year.
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January 02, 2025
Year In Review: AI Tops Insurance Issues Amid Mass Adoption
2024 marked the year when generative artificial intelligence systems moved past their headline-grabbing debut to widespread adoption across industries, providing opportunities and challenges to policyholders and their insurers looking to navigate risks associated with the technology's use. Here, Law360 speaks to experts in insurance and technology law to explain how AI adoption and risks developed over the past year and what insurers and their insureds should focus on in the new year.
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January 02, 2025
Top Specialty Lines Insurance Cases of 2024
The past year featured litigation over bump-up exclusions and the rights of excess insurers, a court split over clauses that limit policyholders' ability to seek coverage, and another appeal by Towers Watson over coverage for its failed merger with Willis. Here, Law360 takes a look at the top five cases involving specialty lines insurance policies in 2024.
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December 23, 2024
Ethics Disclosure Fail Sinks Firm's Coverage, NJ Panel Says
A law firm that failed to reveal an attorney's ethics case when applying for malpractice insurance coverage effectively secured the policy using misrepresentations, the New Jersey state appeals court ruled, declining to revive the firm's suit over the rescission of its policy.
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December 20, 2024
Insurer Gets Out Of Ga. Sperm Bank's Bad Seed Claims
A Georgia federal judge said Allied World Surplus Lines Insurance Co. has no duty to defend a sperm bank that has been sued in Canada and the United States for allegedly selling semen from a donor with genetic abnormalities.
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December 19, 2024
State And Federal Insurance Regulations To Watch For In 2025
The insurance market will likely face regulatory challenges and opportunities in 2025 as regulators on the state and federal level gear up to reverse major trends and tackle emerging developments. Here, Law360 looks at a few key pieces of regulation and regulatory areas that will be closely watched by the insurance industry.
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December 19, 2024
Policyholders See Notable But Limited Win In NC Virus Suit
North Carolina's top court handed policyholders a rare victory last week in finding that the "direct physical loss" requirement for "all-risk" insurance can cover losses connected to the coronavirus pandemic, but experts say the ruling's late-in-game arrival will limit its impact.
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December 19, 2024
Overlooked Evidence In Katrina Suit Highlights Insurers' Risks
The Mississippi Supreme Court's ruling affirming a $10 million Hurricane Katrina damages award against USAA emphasized the risk a carrier runs when ignoring evidence while investigating a claim, while an additional $4.5 million awarded in attorney fees by the court raised eyebrows, insurance experts told Law360.
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December 19, 2024
Insurer Win In Lead Abatement Row A Blow To Policyholders
The Ohio Supreme Court's ruling that insurers for Sherwin-Williams Co. needn't cover the paint-maker's portion of a $305 million settlement to abate lead paint in California marked another win for carriers in public nuisance litigation, as policyholder experts remain unconvinced by the court's evaluation of "damages" in commercial general liability policies.
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December 19, 2024
Insurance Litigation Week In Review
The North Carolina Supreme Court handed policyholders a rare win in a COVID-19 coverage suit, the Eleventh Circuit revived a citrus grower's bid for damages and a North Carolina state appeals court threw out a nearly $29 million judgment against an insurance company. Here, Law360 takes a look at the past week's top insurance news.
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December 19, 2024
The 5 Strangest Insurance Cases Of The Year
Insurance protects policyholders from the unforeseen, but some circumstances are so strange that even insurers couldn't have predicted them. While 2022 was wild and 2023 was weird, 2024 saw cases involving bear costumes, cannibalism, vulture infestation, a severe bug problem and a former Allstate employee with animation skills and an alleged vendetta. Here, Law360 looks back on the strangest insurance cases of 2024.
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December 17, 2024
Insurer Can't Duck Coverage Of Fire Suit, Texas Jury Finds
A Texas federal jury rejected an insurer's bid to escape covering a trucking company in an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, finding that the incident was not caused by the excluded act of hydrofracking.
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December 16, 2024
11th Circ. Says Citrus Grower's Coverage Row Was Ripe
A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.
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December 13, 2024
Retirees Say Lumber Co.'s $1.5B Pension Transfer Upped Risk
A wood product manufacturer violated federal benefits law when it transferred $1.5 billion of pension obligations to a private equity-backed insurance company, substantially increasing the risk that retirees will see their benefits slashed, according to a proposed class action filed in federal court.
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December 13, 2024
NC Justices Topple Insurer Victory In COVID Coverage Battle
The North Carolina Supreme Court handed policyholders a rare win Friday in their bid to get property insurance coverage for their pandemic-related business interruption losses, unanimously finding that the insuring phrase "direct physical loss" included the loss of use of property due to COVID-19 public health orders.
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December 12, 2024
BIPA Ruling Split Muddies Policyholders' Hopes For Relief
Two opposing district court decisions on the application of a law limiting damages under an Illinois biometric privacy law marked a setback for policyholders searching for relief from an avalanche of litigation that has posed a challenge to coverage.
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December 12, 2024
Call To Scrap Insurance Monitor Raises Issue Of Federal Role
A recent call from North Carolina's insurance chief to eliminate the U.S. Department of the Treasury's insurance monitor could portend trouble for the office and federal initiatives to better understand climate risks to consumers, but experts say the monitor is already limited in power.
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December 12, 2024
USAA Inks $3.25M Data Breach Deal With 22K Customers
More than 22,000 USAA customers have asked a New York federal judge to grant preliminary approval to a $3.2 million settlement to resolve a proposed class action alleging the company's security failures in its online insurance quote system allowed cybercriminals to open fraudulent memberships.
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December 12, 2024
Recent M&A Surge Signals Boon In Reps & Warranties Market
An expected surge in mergers and acquisitions under President-elect Donald Trump's business-friendly agenda points to a positive outlook for an evolving representations and warranties insurance market, experts say, bringing welcome growth following a recent slump in M&A activity.
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December 11, 2024
Pillsbury Atty Talks Terrorism Liability Safeguards For CRE
Owners of commercial real estate properties such as office towers and concert venues can limit their liability in the event of a terrorist attack by bolstering their legal defenses through the federal Safety Act, a Pillsbury Winthrop Shaw Pittman LLP public policy partner told Law360 Real Estate Authority.
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December 10, 2024
9th Circ Reverses Cert. In Widow's Allianz Life Insurance Suit
A unanimous Ninth Circuit panel on Tuesday reversed a lower court decision granting class certification in a case claiming that Allianz LIfe Insurance didn't follow statutorily required notice provisions before denying life insurance claims, saying the lead plaintiff wasn't an adequate representative for the proposed class, among other concerns.
Expert Analysis
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.