Specialty Lines

  • January 16, 2024

    Insurer Drops Suit Against Nonresponsive, Defunct Co.

    An insurer dropped its 2-month-old coverage lawsuit against a defunct Houston-based engineering firm for asbestos exposure-related claims, saying the company neither appeared nor asserted any counterclaims.

  • January 12, 2024

    Cyberattack On Insurer Compromised Over 64K, Suit Says

    The private information of over 64,000 individuals was compromised in a data breach of a construction industry insurer, according to a proposed class action filed against the company in North Carolina federal court.

  • January 12, 2024

    AIG Unit Says No Coverage Left For Helicopter Crash Suit

    An AIG unit told an Alaska federal court that it owes no defense to a mountain resort or its owners for claims brought by the surviving passenger of a heli-skiing crash, saying it already settled with the plaintiff for any coverage it could provide.

  • January 12, 2024

    Insurer Disclaims Institutional Furniture Makers' Patent Spat

    Companies accused in underlying litigation of stealing designs from a patent holder and falsely advertising molded plastic furnishings meant for use in prisons and psychiatric facilities shouldn't have defense coverage against the allegations, an insurer told an Illinois federal judge Friday.

  • January 12, 2024

    Axis Loses Reconsideration Bid In Prior Knowledge Dispute

    Axis Insurance Co. must continue to face a cashless payment company's breach of contract claim that is slated for a jury in its suit seeking excess coverage for underlying securities actions, a Pennsylvania federal judge ruled, saying a dispute remains over what the company knew when it entered into the policy.

  • January 12, 2024

    Insurer Seeks To Toss Challenge To Bombing Coverage Award

    A Nashville, Tennessee, property owner can't proceed with an amended suit claiming an umpire's bias invalidates an appraisal award in a coverage dispute over damage caused by a Christmas Day bombing in 2020, a Zurich unit told a federal court, saying the company failed to state a claim for relief.

  • January 11, 2024

    Electronic Waveform Says Travelers Owes It $1.3M

    A Minnesota medical device manufacturer has told a federal court that insurer Travelers has been intentionally down-coding a pain management device popular among professional athletes in order to underpay the company, resulting in a loss of $1.3 million.

  • January 11, 2024

    House Bill Would Create National Reinsurance Program

    The U.S. Department of the Treasury would administer a new national reinsurance program under a $350 billion proposal that would also provide grants for risk-mitigation activities and cash payments for low-income consumers.

  • January 11, 2024

    Agency Tells 9th Circ. To Ax Insurer Win In Poaching Suit Row

    A talent agency's fight with Markel over coverage of claims that the agency poached a competitor's agents and clients has returned to the Ninth Circuit, with the agency asking the appeals court to overturn a lower court's second ruling in favor of the insurer.

  • January 11, 2024

    Insurer Says Resident's Rape In Memory Ward Not Covered

    A dementia facility accused of covering up a rape of a resident by another patient shouldn't have defense coverage against an underlying suit brought by the resident and her family, its insurer told an Alaska federal judge.

  • January 11, 2024

    Divorce Pauses Husband, Wife IP Row Over Insurance Co.

    The North Carolina Business Court halted a lawsuit alleging the husband of an insurance agency owner stole her business records to benefit his newly formed company while keeping $3 million meant for her, reasoning the case will be affected by divorce proceedings the two are going through.

  • January 11, 2024

    Doctor, Insurers Agree To End Wiretap Coverage Suit

    A former University of Pittsburgh Medical Center surgeon has settled with his insurers in a suit seeking coverage for defense in a fellow surgeon's wiretapping and defamation action against him, according to a stipulation of dismissal filed in Pennsylvania federal court.

  • January 11, 2024

    Nationwide Wins Dismissal After Pruning Billing Class Action

    Nationwide defeated a proposed class action brought by a Pennsylvania man who was seeking confirmation that the insurer was wrongly denying medical benefits related to vehicle crash injuries, with a Pennsylvania federal judge ruling that his breach of contract allegations were insufficient to survive dismissal.

  • January 10, 2024

    Foster Org. Not Covered In Child Neglect Suit, Insurer Says

    Philadelphia Indemnity Insurance Co. asked a Missouri federal court Wednesday to rule that it does not have to defend a foster care nonprofit and one of its employees from a suit alleging they were negligent in the abuse and death of a 3-year-old.

  • January 10, 2024

    Coverage Fight Over Ad Infringement Suit Stays In Fed. Court

    A Minnesota federal judge refused Wednesday to send a dispute over coverage of a copyright infringement suit settlement back to state court, finding the policyholder's mailing of service to the wrong address meant its insurer's removal to federal court could proceed.

  • January 10, 2024

    Chubb Unit, Bank Settle $15M Scam Coverage Row

    A Chubb unit and a California banking company settled their dispute over coverage for a $15 million loss the bank suffered after granting a loan to a woman posing as an heir to aerospace giant McDonnell Douglas Corp., the parties told a federal court Wednesday.

  • January 10, 2024

    Insurer Can't Get Atty Fees After $10M Death Coverage Win

    An architecture firm's insurer cannot recover attorney fees it incurred while successfully opposing coverage for a suit seeking more than $10 million over a worker's death, a Florida federal court ruled Wednesday, adopting a magistrate's finding that the insurer's declaratory suit wasn't a civil action for damages.

  • January 10, 2024

    Del. Justices Make Waves Undoing Verizon Fraud Coverage

    The Delaware Supreme Court delivered a surprising upset by overturning Verizon's coverage of a $95 million settlement with a bankruptcy trust over a fraudulent transfer suit, providing policyholders a loss of uncertain proportions.

  • January 10, 2024

    Celsius Insurers Seek OK To Pay Execs' Defense Costs

    Four excess insurers asked a New York bankruptcy judge to let them provide defense coverage to Celsius Network executives facing investigations, subpoenas and lawsuits.

  • January 10, 2024

    Geico Drops No-Fault Charges Suit Against NY Pharmacy

    Geico informed a New York federal court that it has put to rest a lawsuit alleging a New York pharmacy exploited the Empire State's no-fault insurance system by submitting $1.4 million in fraudulent billing for pharmaceutical products to treat individuals involved in car accidents and eligible for coverage through the insurer.

  • January 10, 2024

    2nd Circ. Inverted Pleading Standards, NRA Tells Justices

    The National Rifle Association of America urged the U.S. Supreme Court to reverse a finding that a former New York state official's statements advising NRA-affiliated businesses to assess their reputational risks did not violate the association's constitutional rights, saying the Second Circuit inverted pleading standards.

  • January 10, 2024

    Background Check Co. Had Duty To Defend Security Provider

    A background check company breached its duty to defend a security services provider accused of negligently hiring a security guard who two patients alleged assaulted them at a California medical center, a Colorado federal court ruled, saying the underlying allegations clearly triggered the company's indemnity obligations.

  • January 09, 2024

    Insurer Asks NC Justices To Help Secure $524M Judgment

    An insurer urged the North Carolina Supreme Court to review a state appeals court's judgment reversing limitations on an embattled insurance mogul's transfer of assets, maintaining that the decision "substantially diminishes" its ability as a judgment creditor to collect a more than $524 million award.

  • January 09, 2024

    Judge Scoffs At Broker's Pose To Insurer In Buccaneers Deal

    In an appeal by Axis Insurance Co. seeking to overturn an Indiana federal judge's decision siding with a broker in an indemnity coverage row involving the Tampa Bay Buccaneers, one judge on the appellate panel accused the broker on Tuesday of hiding from Axis' claim until a settlement was reached.

  • January 09, 2024

    Insurance Broker Says Competitor Infringed Trademarks

    An insurance broker sued another insurance broker it claimed has infringed on its trademarks and variations of the marks, telling a Texas federal court to find that it is entitled to collect its competitor's profits from the infringement.

Expert Analysis

  • Anticipating Tech Market Volatility With R&W Policies

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.