Specialty Lines

  • March 07, 2024

    Mixed Feelings On AI At Cyberinsurance Symposium

    Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring. 

  • March 07, 2024

    Texas Wildfires Strike Underinsured Agricultural Sector

    A series of Texas wildfires including one estimated to be the worst in the state's history are underscoring the increasing risk of severe natural catastrophes to underinsured populations and insurance markets already under stress, experts say.

  • March 07, 2024

    Anti-Fraud Tool At Risk In 8th Circ. Billing Row, Carriers Say

    Insurers' ability to enter agreements that limit billings with healthcare providers, which they contend help combat insurance fraud, is up in the air in Minnesota as the Eighth Circuit gears up to hear arguments Thursday over whether such agreements violate a state law guaranteeing prompt automobile accident insurance payouts.

  • March 07, 2024

    Towers Watson Insurers Off Hook For $90M Merger Coverage

    Towers Watson's insurers do not need to cover settlements totaling $90 million in two shareholder suits stemming from the company's merger with Willis, a Virginia federal judge ruled, saying the transaction was barred by a so-called bump-up exclusion.

  • March 07, 2024

    Women In Insurance Law On Breaking Down Barriers

    Building a better environment for women in the legal industry starts from the top, women in insurance law told Law360. To mark International Women's Day, both junior and senior women attorneys share their experiences in the industry and offer words of advice.

  • March 05, 2024

    Calif. Justice Asks Why COVID Triggers Insurance But Not Flu

    A California Supreme Court justice appeared skeptical during a hearing Tuesday that COVID-19's presence fulfills the "physical loss or damage" requirement in commercial property insurance policies under Golden State law, questioning whether COVID-19 is different from the flu with respect to property coverage and calling asbestos litigation "far afield."

  • March 05, 2024

    NC Panel Says Co. Can't Intervene In Insurer Liquidation

    A holding company owned by insurance mogul Greg Lindberg shouldn't have been allowed to intervene in the North Carolina insurance commissioner's liquidation of two insolvent insurers, a state appeals court held Tuesday, saying only a company's directors are permitted to do so under state law.

  • March 04, 2024

    Insurer Wants Trade Secret Suit Dropped Sans Atty Fee Award

    A dental health insurer asked a Washington federal judge on Monday to toss its trade secret claims against an ex-executive without leeway for her to request legal fees, arguing that she can't be considered a winning party because she handed over a company laptop after being hit with the suit.

  • March 04, 2024

    5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated

    A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.

  • March 04, 2024

    States, Scholars Back Ex-NY Official In NRA Free Speech Suit

    States, scholars and public officials have urged the U.S. Supreme Court to reject the National Rifle Association's contention that a former New York state official violated the group's First Amendment rights.

  • March 01, 2024

    11th Circ. Revives Alabama Life Insurance Class Action

    An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.

  • February 29, 2024

    9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

    A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

  • February 29, 2024

    Insurance Litigation Week In Review

    The Texas Supreme Court found that a handful of insurers may be on the hook for a $220 million bankruptcy settlement, while another state Supreme Court said it will take on underpayment claims against Geico, as insurance experts heed emerging privacy risks and prepare for more PFAS litigation. Here, Law360 takes a look at this week's top insurance news.

  • February 29, 2024

    Valencia Fire Renews Concerns Over Materials, Insurance

    A deadly apartment fire in Valencia, Spain, is drawing renewed attention to the use of flammable materials on building exteriors, a global problem that insurance experts say implicates complicated webs of liability and a need for strong government oversight.

  • February 29, 2024

    Texas Justices' Unusual Remedy Presents A Win For Insurers

    The Texas Supreme Court handed several carriers a victory in its ruling that a $220 million settlement between now-bankrupt Cobalt International Energy Inc. and its investors is not binding on the energy company's insurers to establish coverage, a decision notable for the unusual relief granted by the state justices, experts say.

  • February 29, 2024

    New AI Risks Pressure Policyholders To Fill Coverage Gaps

    Growing scrutiny from the public and regulators in the U.S. over artificial intelligence use and rising threats of AI-enabled schemes are sending insurance experts scrambling to evaluate their coverage options in a rapidly changing risk environment.

  • February 29, 2024

    Auto Co. Says $50M Policy Endorsement Covers COVID Loss

    An auto parts manufacturer is seeking $50 million in coverage for its COVID-19 pandemic-related losses in North Carolina federal court, claiming its policy's "unique" communicable disease provision was misrepresented when its insurer denied coverage for losses at its Indiana, Ohio, Michigan and North Carolina locations.

  • February 29, 2024

    SVB Parent's Counsel Booted From Fraud Coverage Row

    The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 27, 2024

    Egg Co. Not Covered For Avian Flu Losses, Minn. Judge Says

    A Markel unit does not owe coverage to an egg supplier for losses it sustained due to an avian flu outbreak in 2022, a Minnesota federal judge ruled Tuesday, finding that a communicable disease exclusion in a site pollution and environmental policy precluded coverage.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Ex-Bank CFO Cops To $700K Theft And Life Insurance Scam

    An ex-Eastern International Bank chief financial officer has pled guilty to defrauding the bank out of more than $700,000 to pay his personal expenses, and he admitted to opening life insurance policies in the names of bank employees to benefit his wife, according to the U.S. Department of Justice.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

  • February 26, 2024

    Insurance Co. Beats Claims Analysts' OT Exemption Suit

    A life insurance company prevailed against disability claim analysts alleging they were wrongfully denied overtime pay, as an Illinois federal judge tossed their suit because the workers are administrative employees exempt from overtime requirements.

Expert Analysis

  • Insurance Perils For Health Providers Using 3D-Printing Tech

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    As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.

  • Insurance Ruling Provides Lessons On Cyberattack 'Twofers'

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    A recent Minnesota federal court decision, SJ Computers v. Travelers, illustrates how an insurance policy with separate limits for computer fraud and social engineering fraud applies to a cyberattack with both components, say Joshua Polster and Laurel Fresquez at Simpson Thacher.

  • D&O Insurer Challenges Amid Market, Economic Turbulence

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    The decline of record market capitalizations, compounded by high litigation and securities class action exposure, leaves directors and officers insurance carriers and issuers facing economic contraction as companies grapple with the institutionalization of environmental, social and governance investment priorities amid a new Cold War, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • Risk Mitigation In Face Of Rising Legal Malpractice Claims

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    As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

  • 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

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    The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

  • What Del. Officer Exculpation Law Means For D&O Insurance

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    Following a recent Delaware code amendment to allow corporate exculpation of officers, businesses considering whether to update their articles of incorporation accordingly should factor in the potential benefits respecting the availability and cost of directors and officers insurance, say Bryan Coffey and Peter Gillon at Pillsbury.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • Insurance Implications For Aircraft Grounded In Russia

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    Russia's invasion of Ukraine and new law that allows the government to ground planes leased from foreign companies threatens massive losses for insurers in the aviation insurance market and necessitates a closer look at which policy exclusions may apply, say attorneys at Hinshaw.

  • What Snap Removal Debate Means For Insurance Disputes

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    A potential circuit split regarding the permissibility of snap removal to federal court, which allows defendants to circumvent the forum defendant rule, is particularly a concern in insurance cases due to the difficulty of removing such cases, and the perception that some state courts are more favorable to policyholders, says Greg Mann at Rivkin Radler.

  • How D&O Insurers Can Limit Bankruptcy Exclusion Risks

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    Amid challenging economic conditions, directors and officers underwriters can't always rely on insolvency exclusions to protect against insured's bankruptcy claims, but there are ways to limit risk exposure, like by adding creditor exclusions or sublimiting coverage, say Kristine Christ at Crum & Forster, and Scott Schechter and Joshua DiLena at Kaufman Borgeest.

  • Questions Remain On Computer Fraud Coverage For Phishing

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    There are questions regarding the applicability of computer fraud coverage to phishing scheme losses in the wake of the Ninth Circuit's decision in Ernst & Haas v. Hiscox earlier this year, with a backdrop of differing case results and evolving fact patterns over the past few years, say Robert Callahan and Melissa D’Alelio at Robins Kaplan.

  • Insurers Must Be Vigilant About Cannabis Lounge Risks

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    Because cannabis lounges face a number of unique risks, such as overserving cannabis to patrons, insurers and risk management providers must be able to recognize and properly address the full range of potential liabilities, say Jonathan Isaacson and Adam Nicolazzo at Kaufman Dolowich.

  • Insurers Should Beware Risks From Digital Asset Losses

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    Personal lines insurers should not underestimate the potential severity of future exposure to digital asset loss claims, and should consider protecting themselves with new underwriting practices and policy exclusions, say attorneys at Sidley.