Specialty Lines

  • 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.

  • April 09, 2024

    Ex-Frontier Communications CEO Gets $21.8M Placeholder

    Frontier Communications must pay a $21.8 million litigation placeholder to ensure money is available to pay any future judgment in favor of its former CEO Leonard Tow in a feud over company-funded life insurance payments, a Connecticut Superior Court judge ruled Tuesday.

  • April 08, 2024

    Ex-NBA Player Sues BCBS Over 'Outrageous' Care Denial

    Former NBA player Rodney Rogers, who was paralyzed in 2008 after retiring, has accused Blue Cross and Blue Shield of North Carolina of exhibiting "outrageous" disregard for his medical needs by denying him life-saving in-home nursing assistance.

  • April 05, 2024

    SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling

    The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.

  • April 04, 2024

    Trump Fraud Appeal Spotlights Underwriting Irregularities

    Donald Trump's ongoing challenge to a $465 million civil fraud judgment for a decadelong valuation fraud conspiracy raises questions about insurance procedures, how underwriters price risk and who is harmed by the alleged fraud perpetrated by the former president and his associates.

  • April 04, 2024

    Del. Justices Eye Atty Conduct In Medicaid Fraud Verdict

    The Delaware Supreme Court handed insurers a victory when it agreed to review a ruling setting aside a favorable verdict for the carriers in a coverage dispute over an ex-Xerox unit's $236 million Medicaid fraud-related settlement, but carrier counsel's conduct may present challenges moving forward, according to a civil procedure expert.

  • April 04, 2024

    Insurance Litigation Week In Review

    The Ninth Circuit heard a coverage dispute over an unsuccessful shipwreck salvaging expedition, Delaware's justices agreed to consider whether an ex-Xerox unit tried to defraud insurers into covering a $236 million settlement, and the owner of Washington, D.C., professional sports teams ended its bid for COVID-19 coverage.

  • April 04, 2024

    A College Professor's Approach To Insurance

    A strong education is crucial to address the role insurance plays on both the personal and professional level — something University of Georgia professor Rob Hoyt demonstrates in his classroom. Here, Law360 speaks to Hoyt about how research, teaching and service guide his work.

  • April 04, 2024

    NY AG Wants Trump Insurer To Guarantee $175M Bond

    New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.

  • April 04, 2024

    Last-Resort Insurers Grapple With Increasing Exposure

    Insurance pools meant to serve as backstops for consumers shut out of traditional markets are grappling with increased exposure to natural disasters, according to experts and market data, a trend that observers say is concerning as climate change intensifies storms.

  • April 04, 2024

    2nd Circ. Vacates Logistics Co.'s $1.8M Damaged Cargo Win

    A New York federal court erred by rejecting a Chubb unit's reimbursement bid for an over $1.8 million damaged drug shipment, the Second Circuit ruled Thursday, finding a genuine factual dispute on whether the logistics company in charge was a "contracting carrier" under an international treaty governing air shipments.

  • April 03, 2024

    Colo. Judge Unpersuaded By Insurer's 3rd Dismissal Bid

    A Colorado federal judge recommended keeping alive an insurer's lawsuit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer over a recalled product, calling a third dismissal bid a "wasted effort."

  • April 03, 2024

    Insurer Wants $38M For Covering Unfinished Road Jobs

    An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.

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.