Specialty Lines

  • May 28, 2024

    OpenText Says Excess Insurer Can't Join Merger Spat

    OpenText urged a Michigan federal court to keep an excess insurer out of a coverage dispute stemming from an underlying class action over the software company's merger with Covisint, arguing that the insurer's reasons behind wanting to intervene are speculative and unripe.

  • May 23, 2024

    Calif. High Court Deals Loss To Policyholder In COVID-19 Suit

    The California Supreme Court ruled Thursday that the coronavirus generally doesn't cause the kind of damage to property that would trigger coverage under an insurance policy, handing a win to a Chubb insurance company in one of the last major venues for pandemic coverage litigation.

  • May 23, 2024

    Colo. AI Bias Law Brings Little Certainty For Insurance Sector

    Colorado enacted the nation's first comprehensive regulatory scheme for protecting consumers from discriminatory and biased artificial intelligence systems, sending a warning signal to an insurance sector bracing for increased scrutiny and risks related to the technology.

  • May 23, 2024

    How An Ex-Attorney Turned Mediator Approaches Conflict

    Drawing from his 25-year career as an attorney litigating primarily insurance coverage disputes, Steven Schulwolf founded Schulwolf Mediation to help parties reach effective resolutions in even the toughest cases.

  • May 23, 2024

    Insurance Litigation Week In Review

    Policyholders suffered losses over COVID-19 coverage claims before the California Supreme Court and Fourth Circuit, the California high court weighed whether an exclusion rendered virus coverage illusory and if a policyholder's unfair competition claim against State Farm was untimely, and the Tenth Circuit questioned the scope of absolute pollution exclusions.

  • May 23, 2024

    2nd Circ. Revives Insurer's $2.5M Suit Over Valuation Software

    The Second Circuit on Thursday revived an insurer's indemnification bid against software company Audatex for $2.5 million in costs from a suit alleging its use of Audatex's valuation software resulted in underpayment for totaled cars, concluding the lower court erred in finding the suit didn't result from the insurer's use of Audatex's software.

  • May 23, 2024

    NC High Court Grants Review In Clothier's Virus Coverage Suit

    North Carolina's top court on Thursday agreed to take up a clothing company's coverage appeal for COVID-19 losses against Zurich after a lower appellate panel found the virus did not cause the kind of physical loss or damage necessary to invoke coverage.

  • May 23, 2024

    Antitrust Concerns Persist For New UN Insurance Group

    A new United Nations insurance-climate initiative demonstrates a continued interest among regulators for promoting a more sustainable industry, but experts say antitrust concerns and industry participation raise questions about its potential efficacy.

  • May 23, 2024

    4th Circ. Rules No Coverage For Mars' COVID Losses

    Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

  • May 23, 2024

    Ark. Judge Sides With Insurer's Cyber Policy Interpretation

    An Arkansas federal judge ruled an insurer correctly evaluated a telemarketing company's losses from a cyberattack, agreeing that "normal operating expenses" the company paid from revenue during that period aren't included in the loss and that any other interpretation would give the company a windfall.

  • May 23, 2024

    Coverage Suit Paused Until Resolution Of Gun Sales Dispute

    A California federal court paused Crum & Forster's suit against a police gun and fitness club and the city of Los Angeles over coverage for underlying actions brought by officers accusing the club of selling them stolen handguns, citing factual overlap between the actions.

  • May 22, 2024

    Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss

    The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.

  • May 21, 2024

    No Coverage For Real Estate Appraiser For Disciplinary Action

    Great American Assurance owed no defense to a real estate appraiser for a disciplinary action over claims of an "egregiously inaccurate" valuation, an Indiana federal court ruled, finding that her failure to disclose the underlying claims in her insurance renewal application warranted rescinding the policy. 

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Travelers Owed Tech Co. Defense In TM Row, 8th Circ. Says

    Travelers had a duty to defend a computer retailer in an underlying trademark infringement action filed by Cisco Systems, the Eighth Circuit affirmed Monday, saying it cannot conclude that coverage is barred by the policy's related-acts provision.

  • May 17, 2024

    Frontier Attacks Ex-CEO's $17M Life Insurance Tax Refund Bid

    Pointing to a 2004 arbitration agreement and criticizing its ex-CEO's compensation, Frontier Communications has asked a Connecticut state court judge to hang up on a call by Leonard Tow to litigate a $17 million demand for reimbursements on life insurance policies.

  • May 17, 2024

    Insurance Cos. Jointly Drop Policy Language Copyright Suit

    An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.

  • May 17, 2024

    $5M Candy Recall Coverage Dispute Moved To Texas Court

    An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."

  • May 16, 2024

    Convicted Insurance Mogul Says He'll Trim Empire

    Convicted insurance mogul Greg Lindberg told the North Carolina Supreme Court he's relinquishing control of portions of his enterprise to fulfill a deal to restructure them with independent oversight, according to court filings.

  • May 16, 2024

    Justices Dodge Class Action Queries In $3.5B Insurance Row

    The U.S. Supreme Court left open the question of when class actions should be relegated to state courts by declining a mutual insurance company's appeal of claims that it failed to return $3.5 billion in profits back to policyholders.

  • May 16, 2024

    3 Big Bankruptcy Cases Still Pending At The Supreme Court

    The U.S. Supreme Court may have declined to hear a challenge to non-debtor litigation stays in mass tort bankruptcies this week in the Chapter 11 case of Georgia-Pacific's asbestos spinoff, but it is still slated to hand down decisions with the potential for wide-reaching impacts to mass torts and beyond this term.

  • May 16, 2024

    R&W Insurers' Claims Handling A 'Big Differentiator,' Aon Says

    As competition in the market for representations and warranties insurance heats up, carriers' claims processes are becoming "one of the biggest differentiators" for securing repeat business, Aon said in its latest R&W claims report Thursday, finding that claim frequency has hovered near the 18% mark for so-called off-risk policies. 

  • May 16, 2024

    Oversight Hearing Adds Pressure On Calif. Insurance Chief

    Under growing pressure from Gov. Gavin Newsom and the insurance industry, California’s top insurance regulator defended its process of implementing proposals to stabilize the Golden State’s faltering homeowners insurance market.

  • May 16, 2024

    Burger King Franchisee Seeks BIPA Coverage Quick Win

    A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.

Expert Analysis

  • Potential Marijuana Status Change Would Shift Industry Risks

    Author Photo

    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Key Provisions In Florida's New Insurer Accountability Act

    Author Photo

    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • 10th Circ. Remand Of ERISA Claims To Insurer Is Problematic

    Author Photo

    The Tenth Circuit recently gave the defendant another bite at the apple in David P. v. United Healthcare by remanding Employee Retirement Income Security Act claims for reprocessing, but the statute lacks any provision authorizing remands of ERISA cases, says Mark DeBofsky at DeBofsky Law.

  • Insurers, Prepare For Large Exposures From PFAS Claims

    Author Photo

    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

    Author Photo

    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.

  • Online Purchase Insurance: Regulatory Issues To Watch For

    Author Photo

    Before offering insurance on consumer transactions, otherwise known as embedded insurance, merchants and insurance producers should be aware of a few regulatory issues and have a multistate compliance strategy in place, say Fred Garsson and Kara Pike at Saul Ewing.

  • To Survive Scrutiny, Banks Should Craft Careful D&O Policies

    Author Photo

    With banks and their boards facing intensified — and potentially costly — scrutiny after this spring’s bank failures, risk managers can prepare for potential shareholder demands, lawsuits or regulatory probes by designing a robust and targeted directors and officers coverage program, say Jose Lua-Valencia and Jesse Vazquez at Pillsbury.

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

    Author Photo

    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation

    Author Photo

    Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.

  • Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

    Author Photo

    William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.

  • Insurance Implications Of High Court Affirmative Action Ruling

    Author Photo

    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • What The ESG Divide Means For Insurers And Beyond

    Author Photo

    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • 2 Years Later: TransUnion's Impact On Data Breach Litigation

    Author Photo

    In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.