Specialty Lines

  • April 19, 2024

    Insurer Seeks Exit From Sex Abuse Claims Against Doctor

    An insurer for a neurosurgery institute has told a Pennsylvania federal court that no coverage exists for several underlying consolidated lawsuits in which former patients allege they were sexually assaulted by a now-deceased neurologist, maintaining the doctor was not an employee of the insured practice.

  • April 19, 2024

    The Week In Trump: NY Trial And A High Court Date Loom

    Despite a few snags, jury selection for Donald Trump's hush money trial in Manhattan unfolded relatively quickly, clearing the way for opening statements Monday in the historic case as the former president prepped for a U.S. Supreme Court debate over his supposed immunity.

  • April 18, 2024

    Justices' Corporate Disclosure Ruling Dodges D&O Upheaval

    A U.S. Supreme Court decision that limited when securities fraud claims can be brought for a failure to disclose information relieved policyholder experts, who told Law360 that the justices avoided major consequences for directors and officers policies.

  • April 18, 2024

    Mich. High Court Takes Up Insurer Garnishment Dispute

    The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.

  • April 18, 2024

    Four Environmental Issues Insurers Eye On Earth Day

    From questions over climate disclosure rules to a rapidly increasing landscape of flood risk, Earth Day this year offers a chance to take stock of how much climate change has affected the insurance industry and the consumers that rely on it for disaster relief. Here, ahead of the annual quasi-holiday on April 22, Law360 looks at some of the most important insurance trends and stories related to the environment.

  • April 18, 2024

    Insurance Litigation Week In Review

    California's attorney general stepped into an unfair competition dispute with State Farm, Allstate demanded that a former contractor stop spreading lies, a session replay suit against Liberty Mutual was paused, and the Eleventh Circuit pondered whether an insurer should pay a nonapportioned settlement.

  • April 18, 2024

    Ohtani Theft Scandal Loads Bases For Insurance Claims

    The embezzlement and sports betting scandal that has ensnared Los Angeles Dodgers star Shohei Ohtani's former interpreter could implicate a range of insurance and civil litigation possibilities, coverage experts say, pointing to criminal allegations that Ohtani was defrauded of $16 million.

  • April 17, 2024

    Ex-Frontier CEO Renews $17M Insurance Tax Recoupment Bid

    The former CEO of a Frontier Communications predecessor has filed a signed version of a lawsuit seeking $17.7 million to reimburse money the retired executive says he paid on life insurance policies after the company stopped footing the tax bills.

  • April 17, 2024

    Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal

    A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.

  • April 16, 2024

    Under Armour Insurers To Cover Disputes In 2 Policy Periods

    Under Armour's excess insurers must provide additional coverage to the company in connection with a consolidated securities class action, derivative matters and government investigations, a Maryland federal court announced.

  • April 16, 2024

    Excess Carriers Say Property Co. Not Covered In Antitrust Suit

    Two excess insurers said they don't owe coverage to a property management company for underlying litigation alleging a price-fixing conspiracy involving software company RealPage Inc., telling a Massachusetts federal court that a professional services exclusion in the primary policy bars coverage.

  • April 15, 2024

    State Farm, HOA Settle Wire Fraud D&O Coverage Dispute

    A State Farm unit and a property owners association reached a conditional settlement agreement in the association's suit seeking directors and officers coverage for underlying litigation stemming from a wire fraud incident, they told a California federal court.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • April 11, 2024

    Norfolk's Proposed Deal Shows Risk Management Is Critical

    Norfolk Southern Railway Co.'s proposed $600 million settlement with residents and businesses stemming from last year's train derailment and toxic chemical spill in East Palestine, Ohio, highlights the importance of a proactive risk management department and transparency between policyholders and carriers, experts say.

  • April 11, 2024

    Insurer AI Rules Push Self-Oversight, Leave Enforcement Hazy

    State regulators across the United States that advise insurers to establish protocols for testing, documenting and governing their artificial intelligence tools are offering clarity for companies to self-regulate, but leaving the prospect of enforcement vague, experts said.

  • April 11, 2024

    Chubb-Archdiocese Suit Raises Coverage Burden Issue

    A Chubb lawsuit against the Archdiocese of New York over indemnity for sexual abuse claims is implicating questions over which party has the burden to show if a liability might be covered or not, a dispute inextricably tied to justice for the church's many alleged victims.

  • April 11, 2024

    Insurance Litigation Week In Review

    Louisiana's top court was asked to examine the enforceability of certain insurance contracts' arbitration clauses, the Sixth Circuit ordered a company to pay back some of the defense bill its insurer footed, the Pennsylvania Supreme Court heard COVID-19 coverage arguments and the Ninth Circuit rejected such arguments under Washington law.

  • April 11, 2024

    $24M Hidden Fee Deal Between Class, AIG Units Gets 1st OK

    A California federal court granted preliminary approval of a nearly $24 million settlement between a class of travel insurance buyers and several AIG units resolving claims that the companies stacked hidden fees on top of insurance travel premiums.

  • April 10, 2024

    Ex-Art Institutes Execs Want Insurers To Avert $336M Suit

    Former executives of a holding company that bought now-defunct for-profit colleges Argosy University, South University and The Art Institutes asked an Ohio federal court to force excess insurers to settle receivership claims before the pair are formally accused of leaving a $336 million debt in their wake.

  • April 10, 2024

    6th Circ. Says Firm Owes Insurer Part Of Defense Bill

    A financial advisory firm's professional liability insurer had no duty to defend the company in underlying securities suits after underlying plaintiffs removed their common law violations, the Sixth Circuit ruled, further allowing the insurer to be reimbursed for some of its defense costs.

  • April 10, 2024

    NJ Law Firm Not Covered In Malpractice Suit, Insurer Says

    A law firm in Princeton, New Jersey, is not owed coverage of a malpractice action alleging one of its attorneys misappropriated the assets of a client's husband, the firm's insurer argued, telling a federal court the firm knew of the underlying legal claims before its policy's inception.

  • April 10, 2024

    Ex-Trump Finance Chief Weisselberg Jailed For Perjury

    A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.

  • April 09, 2024

    Ch. 11 Judge Tosses Calif. Drug Co.'s Bid To Stay Investor Suit

    A Delaware bankruptcy judge declined Tuesday to apply the automatic stay in DMK Pharmaceuticals' Chapter 11 case to a shareholder's appeal of a Delaware Chancery Court decision before the state's top court, finding the reorganization wouldn't be severely impacted if the debtor tapped an insurance policy to fund its defense.

  • April 09, 2024

    4th Circ. Tosses Duty To Defend Case Over Oil Co.'s Objection

    The Fourth Circuit said Tuesday that a West Virginia oil and gas company lacked standing to continue an appeal that was originally brought by a green grower, which had sought coverage from its insurer for an underlying $4 million land use dispute with the extractor.

  • April 09, 2024

    Trump Opposes NY Monitor Probe After Exec's Perjury

    Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.

Expert Analysis

  • ALI, Bar Groups Need More Defense Engagement For Balance

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    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

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    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

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    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

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    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.

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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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.