Specialty Lines

  • January 31, 2024

    Nev. Supreme Court Ruling Helps Title Insurer Beat HSBC

    A title insurer doesn't have to cover underlying litigation brought against HSBC Bank in connection with the foreclosure sale of Las Vegas property it owned as a mortgage lender, a Nevada federal judge found, citing a state Supreme Court decision.

  • January 31, 2024

    Electric Co. Says Insurer Refuses To Defend BIPA Suit

    An electric company told an Illinois federal court that its insurers wrongfully refused to defend or indemnify it against an underlying proposed class action in state court by an employee who alleged the company violated the state's Biometric Information Privacy Act.

  • January 31, 2024

    College Philanthropy Slams Dismissal Bid In IP Coverage Suit

    A philanthropy associated with Kansas State University urged a Kansas federal court to keep alive its counterclaims in a fight over coverage for a lawsuit accusing it of stealing a man's idea relating to economic development, saying it met the pleading standards for this stage of litigation.

  • January 31, 2024

    Lab Says $7M Stolen Data Is Property And Should Be Covered

    A national medical testing lab told a Pennsylvania federal court that patient treatment records and at least $7 million of billing data allegedly hijacked by its software contractor was property and should therefore be covered by its insurer. 

  • January 30, 2024

    Chubb Unit Seeks To Toss Years-Old Ruling After Settlement

    A Chubb unit asked an Illinois federal court to vacate a September 2021 ruling against it in the insurer's coverage dispute with a holding company over an underlying self-dealing suit, arguing that any precedential value it has is outweighed by the parties' interest in resolving the case.

  • January 30, 2024

    Red Sea Hostilities Ripple Through Maritime Insurance Market

    Attacks against commercial ships passing through the Red Sea and nearby areas are sending ripples through the global trading system and threatening to capsize the maritime insurance industry responsible for underwriting risks to vessels.

  • January 30, 2024

    Fennemore Craig Growing In Calif. With Sullivan Hill Merger

    In its latest West Coast expansion, Fennemore Craig PC announced Tuesday it is widening its footprint in San Diego through a merger with Sullivan Hill, with the latter's experts in insurance, construction, commercial bankruptcy and employment law joining Fennemore's existing four-attorney team in the city.

  • January 30, 2024

    Full 4th Circ. Declines Atty's Coverage Case In Fraud Defense

    The full Fourth Circuit won't hear a Maryland attorney's arguments after a panel determined he is not entitled to defense costs from his firm's insurer concerning his indictment on charges that he defrauded financial institutions to gain control of $13 million in frozen Somali assets.

  • January 29, 2024

    5 Floridians Sentenced For $67M Medicare Testing Scam

    A man accused of leading a $67 million healthcare fraud conspiracy involving unnecessary genetic testing for Medicare recipients was sentenced to 14 years in prison, along with four co-conspirators who received lesser sentences from a Florida federal judge as recently as Monday.

  • January 29, 2024

    NC Court Pares Down Crop Insurance Coverage Row

    A North Carolina federal judge trimmed a crop insurance dispute brought by a farm alleging that its insurance agent didn’t properly submit the coverage application or inform the farm’s owners of coverage, dismissing all claims against the insurer but leaving several against the agent.

  • January 29, 2024

    DOJ Says Wash. Hospital Had Role In Spinal Surgeon Scandal

    A Tacoma, Washington-based hospital operator failed to address red flags that one of its doctors was performing unnecessary surgeries, instead earning millions of dollars from the neurosurgeon's dangerous misconduct by fraudulently billing the government for his work, federal and state prosecutors have alleged. 

  • January 29, 2024

    Increase In Trafficking Reveals Hospitality Coverage Concerns

    As human trafficking continues to increase and travel returns to prepandemic levels, hospitality industry policyholders may see more direct trafficking exclusions and increased education requirements as the insurance industry works to address this growing risk, experts said.

  • January 29, 2024

    Nevada Recycler Denied Redo For SEC Suit Coverage

    A Nevada federal court will not reconsider its ruling that a recycling company does not have coverage for costs stemming from a U.S. Securities and Exchange Commission fraud action, saying that the company's arguments didn't fit the criteria for a redo.

  • January 29, 2024

    Protein Bar Co.'s Insurer Says Supplier Ruined $3M In Product

    An insurer for a Pittsburgh-based protein-bar maker said the company lost $3 million due to plastic and paper contaminants found in collagen supplied by a Michigan-based company, according to a lawsuit filed in Pennsylvania state court Friday.

  • January 29, 2024

    Escrow Agent Not Covered For Fraud Suits, Court Told

    An escrow agent no longer has coverage for four underlying suits accusing it of unlawfully withholding funds or distributing them to third parties who had no valid claim to the money, an insurer told a Florida federal court, saying its theft coverage extension endorsement has been exhausted.

  • January 26, 2024

    Auto Biz Says Insurer Can't Escape $500K Damage Claims

    A vehicle lift installer urged a Minnesota federal court to preserve its counterclaims in a coverage dispute over nearly $500,000 in claims stemming from fire damage and a tipped container, arguing that its insurer constructively denied most of the claim by repeating investigations and denying payments for over a year.

  • January 26, 2024

    Missing Comma Can't Impede Chubb Policy, 11th Circ. Told

    A French food wholesaler urged an Eleventh Circuit panel Friday to reverse a lower-court ruling that an insurance company does not have to cover a lawsuit for alleged negligent audits due to a policy clause's missing comma, arguing that the New Jersey law applied in the case favors broad interpretation.

  • January 26, 2024

    Insurer Pushes For Glass Co. To Cover $2.5M Defect Payment

    Crum & Forster is demanding that an Indian glass manufacturer reimburse it more than $2.5 million that the insurer paid a candlemaker for a product recall, telling a Texas federal court that the company sold the candlemaker defective glass containers.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Geico Seeks $3M From Med Cos. In Claimed No-Fault Scheme

    Geico told a New Jersey federal court it is seeking to recover nearly $3 million from a group of New Jersey medical providers and their owners and practitioners who the insurer alleges partook in a no-fault charge scheme that defrauded the insurer's policyholders since 2017.

  • January 25, 2024

    Excess Insurers Win In Construction Defect Coverage Suit

    A residential developer wrongly tapped into certain excess insurance, a California federal judge ruled Thursday, finding that the $3.2 million its primary insurer spent on defense costs in underlying construction defect litigation didn't count toward triggering a $10 million excess policy.

  • January 25, 2024

    Mining Co. Not Covered For Wrongful Death Suit

    A mining company does not have coverage from its general liability or workers' compensation insurers for an underlying wrongful death suit, a Pennsylvania court ruled, finding that an exclusion applied for one policy and the underlying claims weren't within the scope of the other.

  • January 25, 2024

    Software Co. Settles Coverage Spat Over Wiretapping Suits

    A software company and its insurers reached an agreement in principle through mediation to resolve a coverage dispute over several wiretapping class actions, roughly three months after a California federal judge determined the insurers must defend it in four of the eight underlying suits.

  • 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.

Expert Analysis

  • What Microcaptive Reporting Ruling May Mean For The IRS

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    In CIC v. Internal Revenue Service, a Tennessee federal court’s decision to set aside an IRS requirement to disclose microcaptive insurance arrangements may be a step toward evidentiary standards to show that the potential for abuse in a lawful transaction is sufficient to support heightened disclosure requirements, says Samuel Lauricia at Weston Hurd.

  • 7 Policy Terms Defensive IP Coverage Buyers Should Note

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    To maximize defensive intellectual property insurance — coverage that will defend and indemnify the insured against suits alleging infringement — the technology startups driving the post-pandemic economic recovery should be focusing on specific terms within the manuscripted policies, says Micah Skidmore at Haynes and Boone.

  • 3 Insurance Lessons From Target Data Breach Ruling

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    In Target v. ACE American Insurance, a Minnesota federal court recently recognized that commercial general liability policies cover losses arising from data breaches, providing useful lessons for policyholders, including a perspective on occurrence and loss of use, say attorneys at Pasich.

  • Del. Related Claims Ruling Is Good News For Insurers

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    The Delaware Supreme Court recently denied coverage for a shareholder class action in First Solar v. National Union First Insurance, rejecting the test for assessing relatedness-based coverage issues, and opening the door for insurers to rely on specific policy wording when evaluating related claims, say attorneys at Troutman Pepper.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Preparing For New Mandatory Cyber Reporting Rules

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    The requirements of a new federal law mandating cyber incident reporting for critical infrastructure will not become operational for several months, but affected companies should begin assessing whether their response plans incorporate critical policies and procedures to ensure compliance, say Steven Stransky at Thompson Hine and Lacy Rex at Oswald Companies.

  • What Cos. Can Glean From Early Cyber Policy Cases

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    Insurance claims for cyberattacks under cyber-specific policies have thus far been less contested than claims brought under commercial, crime and professional liability policies, however that may be changing, as cyber losses and liabilities continue to escalate and the market hardens, says Daniel Healy at Anderson Kill.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • What Insureds Should Look For In Excess Policies

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    A recent California appellate court decision, Truck Insurance Exchange v. Kaiser Cement, demonstrates how courts will protect policyholder expectations against primary insurance carriers' actions that might restrict available excess coverage, and highlights how insureds should be diligent in reviewing excess policies on primary erosion, say Courtney Horrigan and Elizabeth Taylor at Reed Smith.

  • Political Risk Insurance May Help Cos. Hurt By Russian War

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    As Russia’s war on Ukraine causes severe economic fallout, it’s crucial that U.S. companies with operations in the region understand what losses might be covered by their political risk insurance policies, and take steps to ensure that all available coverage is preserved and maximized, says Micah Skidmore at Haynes and Boone.

  • Recent Rulings May Support False Claims Act Coverage

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    Following a banner year for U.S. Department of Justice recoveries in False Claims Act cases and with FCA investigations likely to grow, companies and executives facing FCA exposures may find support in recent policyholder-friendly decisions for both their underlying defense and related insurance claims, says Geoffrey Fehling at Hunton.

  • Anticipating Cyberinsurance Wartime Exclusion Questions

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    Amid threats that Russia and Moscow-sponsored groups may increase malicious cyberattacks, businesses can mitigate risk by analyzing how war and hostilities exclusions apply to their insurance policies and maintaining a comprehensive record of government cyberattack warnings, say Steven Stransky at Thompson Hine, David Finz at Alliant and Rick Yocum at TrustedSec.