Specialty Lines

  • March 28, 2024

    Insurer Ordered To Defend Legionnaires' Suits

    The insurer of a nonprofit providing housing to at-risk individuals in New York City must defend it in three underlying lawsuits alleging that numerous residents contracted Legionnaires' disease at two properties in the Bronx, a New York federal court ruled, finding a communicable disease exclusion inapplicable.

  • March 27, 2024

    NC Commissioner Says Insurance Mogul's Argument 'Mistaken'

    The North Carolina insurance commissioner asked the state's Supreme Court on Tuesday to allow him to give his take on a group of insurers' lawsuit against embattled mogul Greg Lindberg that alleges he pilfered the insurance companies as owner, saying if the court lets him submit an amicus brief he'll explain how Lindberg's main argument is "mistaken."

  • March 27, 2024

    2nd Circ. Weighs Broadening 'Claim' In Shareholder Dispute

    The Second Circuit questioned Wednesday whether it should use a New York state appeals court ruling to broaden the meaning of "claim" in a propane company's directors and officers policy with a Liberty Mutual unit, including not just an entire underlying lawsuit but the individual causes of action within.

  • March 26, 2024

    UK Marine Insurer Investigating Baltimore Bridge Crash

    Britannia, a British marine insurer, confirmed Tuesday that it is working with authorities in Baltimore after a container ship destroyed the city's landmark Francis Scott Key Bridge in a collision that experts say is likely to cost the insurance sector billions of dollars in claims.

  • March 22, 2024

    Ind. Factory Adds To Historic $112M Bad Faith Coverage Win

    A flooded factory building that was awarded $112 million in a historic bad faith win added to its victory Friday when an Indiana federal court denied its insurers' requests for a new trial and granted the factory more than $7 million in costs and interest.

  • March 22, 2024

    5th Circ. Revives Coverage Row Over SXSW Ticket Refunds

    Texas music festival South by Southwest's insurer must cover its defense in a class action by ticket holders who didn't receive refunds after the city of Austin canceled the March 2020 event because of the COVID-19 pandemic, the Fifth Circuit said, reviving the dispute.

  • March 21, 2024

    AI Presents Risk To Insurers And Policyholders, Panelists Say

    The growing use of artificial intelligence presents a risk to both insurers and insureds, experts said during a webinar Thursday, advising policyholders and their attorneys on how to navigate novel issues arising from the use of AI in the insurance industry.

  • March 21, 2024

    Calif. Panel Revives Diner's COVID Sanitization Coverage Bid

    A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.

  • March 21, 2024

    2nd Circ. To Weigh 'Claim' Meaning In Family Share Dispute

    The Second Circuit on Wednesday will hear arguments over whether a New York federal court erred in finding that a contract exclusion barred any duty a Liberty Mutual unit had to defend a propane company and two of its executives in a family shareholder dispute.

  • March 21, 2024

    6 Questions For ZestyAI CEO Attila Toth

    As California regulators push proposals aimed at luring back insurance companies to the state's challenged market, advanced modeling techniques have taken a prominent place in the debate over how to best price risk as traditional methods lose relevance. Here, Law360 talks to Attila Toth, chief executive officer of ZestyAI, a risk modeling company that sells artificial intelligence-based risk models to insurers seeking to refine their risk assessment capabilities.

  • March 21, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court considered the NRA's free speech rights and whether an insurer had standing in bankruptcy court, Geico was slammed with a $164 million payout, the Sixth Circuit seemed hesitant to force Amway to pay its own defense costs and Metallica's COVID-19 coverage case faded to black.

  • March 21, 2024

    Calif. Regulators' Pitch On Insurance Reform Draws Scrutiny

    Two regulations proposed to help lure insurers back to California's market by speeding up the state's rate approvals and allowing insurers to use catastrophe models to set rates are drawing scrutiny as industry and consumer groups weigh their potential effects.

  • March 21, 2024

    Sanitizer Co. Faces Tough Ad Injury Coverage Bid In 2nd Circ.

    A company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces faces an uphill battle, experts say, as the Second Circuit is poised to hear oral arguments Monday over whether the company is owed coverage under its commercial general liability policy for an underlying class action.

  • March 19, 2024

    Metallica's Bid For COVID-19 Coverage Fades To Black

    California appellate justices on Monday upheld Certain Underwriters at Lloyd's of London's summary judgment win against heavy metal band Metallica's breach suit seeking coverage for shows canceled during the COVID-19 pandemic, siding with the lower court's order finding the policy's communicable disease exclusion precluded coverage as a matter of law.

  • March 19, 2024

    FTC Sends Benefytt's Sham Health Plan Buyers $100M

    The Federal Trade Commission is sending refund checks to hundreds of thousands of customers from the $100 million Benefytt Technologies Inc. paid to settle allegations that it deceptively marketed sham health plans as qualified under the Affordable Care Act.

  • March 19, 2024

    Uber, Progressive Unit Settle NC Widower's Coverage Fight

    The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.

  • March 19, 2024

    Insurer Meets 6th Circ. Resistance In Bid To Undo Amway Win

    Sixth Circuit judges appeared skeptical Tuesday of an AIG unit's argument that it shouldn't have to defend and indemnify Amway Corp. in copyright litigation, with one judge saying he doubted Amway's self-insured policies should take priority over an AIG internet policy.

  • March 19, 2024

    State Farm Must Face Wire Fraud Coverage Suit

    A State Farm unit can't escape a property owners association's suit seeking directors and officers coverage for underlying litigation stemming from an alleged wire fraud incident, a California federal court ruled, saying the association's claimed loss falls within the basic scope of coverage.

  • March 18, 2024

    Justices Tilt Toward NRA In Free Speech Row With Regulator

    A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.

  • March 18, 2024

    Colo. HOA Not Covered In Travelers Repair Payment Row

    A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.

  • March 18, 2024

    Excess Insurer Can Duck Bankruptcy Suit, 2nd Circ. Affirms

    The director of distressed medical companies was again prevented Monday from forcing an excess insurer to follow form and cover him in adversarial South Carolina bankruptcy proceedings, a Second Circuit panel found, upholding a New York federal court decision.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 14, 2024

    Lehman Brothers Can't Undo Trial Loss Over Crisis-Era CDS

    A New York appeals court on Thursday affirmed a bench trial loss Lehman Brothers' bankrupt European unit suffered last year in a suit attempting to claw back nearly half a billion dollars from Assured Guaranty over losses on credit default swaps tied to the 2008 financial crisis.

  • March 14, 2024

    Insurance Litigation Week In Review

    A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.

  • March 14, 2024

    8th Circ. Weighs If No-Bill Agreements Break Minn. Law

    The Eighth Circuit carefully considered arguments Thursday between six Farmers units and a policyholder class as to whether the carriers' agreements with healthcare providers restricted the class's medical expense coverage in violation of Minnesota law, giving little indication of which way it leaned.

Expert Analysis

  • Anticipating Tech Market Volatility With R&W Policies

    Author Photo

    Technology executives, investors and their advisers should understand how representations and warranties insurance works ahead of a potential rise in claims activity and as deal makers focus on maximizing existing deals' value amid economic uncertainty, says Eric Larson at Morris Manning.

  • Crypto Coverage After FTX Fall: D&O Liability

    Author Photo

    The fallout surrounding the recent implosion of cryptocurrency firm FTX highlights potential crypto coverage exposure — including in the area of directors and officers liability — for insurance carriers in the evolving and largely misunderstood world of digital assets, says Anjali Das at Wilson Elser.

  • Litigation, Compliance And Enforcement In The 'Crypto Winter'

    Author Photo

    In 2022, cryptocurrency valuations plummeted, litigation proliferated and the "crypto winter" led to several high-profile bankruptcies, resulting in novel factual and legal questions being raised in areas like general commercial litigation, intellectual property, securities, bankruptcy, cybersecurity and compliance, say attorneys at Arnold & Porter.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Cultivating Good Relationships With Insurance Regulators

    Excerpt from Practical Guidance
    Author Photo

    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • How Ohio Software Ruling Implicates Crypto Insurance Claims

    Author Photo

    The Ohio Supreme Court's recent decision in EMOI Services v. Owners Insurance, holding that software can never be physically damaged, has limited precedential value for property claims, but serious implications for cases involving loss or damage to intangible assets like cryptocurrency and non-fungible tokens, say Jane Warring and Shannon O’Malley at Zelle.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

    Author Photo

    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

    Author Photo

    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Sandbagging Issues To Watch In Deal Documents

    Author Photo

    Attorneys at Kramer Levin explore how transactional practitioners address sandbagging in acquisition agreements, the default rules that courts may apply when deal parties are silent on the issue, and how sandbagging comes up in the context of representation and warranty insurance policies and any related special indemnities in acquisition agreements.

  • Ky. Ruling Shows Need For Consistent Insurer Claim Replies

    Author Photo

    The Kentucky Supreme Court's recent ruling in Ashland Hospital v. Darwin Select Insurance, allowing a hospital to continue seeking coverage for a medical malpractice claim, warns insurers against invoking a prior-notice exclusion to bar coverage after previously rejecting a notice of potential claim as insufficient, say Chet Kronenberg and Lindsay DiMaggio at Simpson Thacher.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

    Author Photo

    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

    Author Photo

    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • A Recovery Option For Lenders With Planes Stuck In Russia

    Author Photo

    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.