Specialty Lines

  • January 09, 2024

    Surgical Gown Manufacturer Ends $3M Recall Coverage Row

    A medical supply manufacturer told a Texas federal court Tuesday that it had settled a dispute with its insurers over coverage of more than $3 million in losses from the production and recall of surgical gowns made with inadequate material.

  • January 09, 2024

    Conn. Dealership's Arson Coverage Suit Pared To Single Claim

    A Connecticut federal judge has tossed most claims lodged against two insurers in a used car dealership's coverage suit stemming from a 2019 fire caused by arson, allowing only one breach of contract claim against an insurer to continue.

  • January 09, 2024

    Insurers Must Cover Loss Of 500K Bushels Of Soybeans

    A New York state judge said three insurers must cover a commodity company's loss of over 500,000 bushels of soybeans resulting from a Mississippi-based warehouse's entrance into bankruptcy in September 2021, finding the loss occurred during the policy period.

  • January 09, 2024

    Hinshaw Adds 6-Atty Insurance Team In LA, San Francisco

    Hinshaw & Culbertson LLP announced Tuesday that it has brought on six insurance attorneys in San Francisco and Los Angeles, including three partners and three senior counsel, from now-closed Coddington Hicks & Danforth.

  • January 09, 2024

    Car Care Provider Wants 'Fact-Phobic' Class Action Tossed

    A vehicle care protection provider and its insurer urged a Washington state federal court to toss a "fact-phobic" proposed class action accusing the provider of illegally selling noncompliant service contracts, saying the agreement at issue is not a service contract.

  • January 09, 2024

    Insurance Boutique Co-Founder Joins McGuireWoods

    A founding partner of insurance boutique Pasich LLP and former adviser at consultancy AECOM is joining McGuireWoods LLP's national insurance recovery team, the firm said Monday.

  • January 08, 2024

    Claims Against LA Ad Firm Trimmed In $10M Fraud Row

    An Ohio federal judge trimmed claims of fraudulent misrepresentation and conversion against a Los Angeles-based advertising firm and its chief executive officer, leaving intact seven other counts in an insurer's $10 million racketeering fraud suit against an ex-executive and, the suit says, his co-conspirators.

  • January 08, 2024

    Store Says Insurers Owe $2.7M In Jewelry Heist Coverage Row

    A California jewelry store that won a $2.7 million judgment against a security company it accused of negligence after the store was burglarized said the security company's insurers must pay the judgment, arguing the insurers wrongly denied coverage for the security company.

  • January 08, 2024

    Fidelity National Financial Faces Data Breach Class Action

    Fidelity National Financial and a subsidiary are facing a proposed class action in Florida federal court that accuses the title insurer and mortgage lender of failing to protect the personal information of roughly 1.3 million customers from a November cyberattack.

  • January 08, 2024

    NJ Atty Settles With Insurer, Broker On Malpractice Coverage

    An attorney asked a New Jersey federal judge Monday to dismiss his suit seeking coverage for an underlying malpractice case, having settled his claims with his former insurer and broker through mediation.

  • January 08, 2024

    Insurance Broker Denies Fault In Harvard Admissions Case

    Harvard University's insurance broker said the school was more than a year late in complaining that the broker was tardy in telling Zurich American Insurance Co. about the anti-affirmative action suit that eventually ended race-conscious admissions in higher education.

  • January 05, 2024

    Insurance Mogul Fights Bid To Clarify Fraud Case Review

    An embattled insurance mogul has urged the North Carolina Supreme Court to resist a bid by a group of allegedly defrauded insurers to explain the terms of the court's agreement to review a potential $420 million judgment, arguing that it would be an "unprecedented" move.

  • January 05, 2024

    Drunken Driver Says Geico Forced $14M Settlement On Him

    A drunken driver accused of causing two deaths claimed Geico failed to settle a wrongful death claim against him for a reasonable value, forcing him to take a $14 million settlement deal one day before trial, according to a suit removed to Nevada federal court.

  • January 05, 2024

    Title Insurer Says Agent Schemed To Keep Property Deal Cash

    A title insurance underwriter told a Washington, D.C., federal court Friday that its agent for managing the sale of a local property schemed to misappropriate nearly $200,000 in funds from the sale, which were reserved to pay off the property's deed of trust, for the agent's own personal use.

  • January 05, 2024

    Insurers Can't Reargue In Ex-Xerox Unit Coverage Row

    A Delaware court remained steadfast Thursday in its decision to set aside a verdict finding an ex-Xerox unit that paid Texas a $236 million Medicaid fraud-related settlement tried to defraud its insurers into providing coverage, rejecting the insurers' request for a reargument.

  • January 05, 2024

    Hospital Says Travelers Owes Coverage For Physicians' Suit

    A Mississippi hospital said Travelers wrongfully denied coverage for a suit by two former physicians accusing the hospital of "malicious" and "outrageous" conduct, saying because the alleged wrongful acts occurred after the two were no longer hospital employees, a directors and officers exclusion does not apply.

  • January 04, 2024

    Geico Alleges Clinic Billed $2.5M In Fraudulent PIP Claims

    Seeking to recover more than $2.5 million, Geico has accused a pair of physicians of scheming to exploit the personal injury protection, or PIP, benefits of New York's no-fault insurance statute.

  • January 04, 2024

    Hanover Partially Settles Ga. Shooting Death Coverage Row

    The Hanover Insurance Co. settled its dispute with a trio of real estate companies over a shooting death at an apartment complex they manage in Georgia federal court Thursday, but maintained its ongoing dispute with the victim's estate.

  • January 04, 2024

    Md. Atty Not Owed Defense Coverage, 4th Circ. Finds

    A Maryland attorney is not entitled to defense costs under his law firm's insurance policy after he was indicted on allegations that he fraudulently seized control of $13 million in Somalian government funds, the Fourth Circuit has ruled, affirming in full a district court's summary judgment.

  • January 04, 2024

    Merck And Insurers Settle $1.4B Cyberattack Coverage Case

    Merck has reached a settlement with its insurers over whether the pharmaceutical giant's "all-risk" property insurance covered $1.4 billion in losses stemming from the 2017 NotPetya attack or if its "hostile/warlike" exclusion applies.

  • January 03, 2024

    No Coverage For Law Firm In Malpractice Suit, Insurer Says

    A law firm does not have coverage for a lawsuit accusing the firm of failing to bring a client's case against Johnson & Johnson to a new trial after the client's $48.2 million win was reversed, an insurer told a California court, saying a policy's retroactive date precludes coverage.

  • January 03, 2024

    Bulk Of Allegations Dismissed In Geico No-Fault Fraud Suit

    A New Jersey federal judge dismissed the bulk of fraud and racketeering allegations brought by Geico against a spine clinic and its medical director, concluding that the state's no-fault insurance statute requires arbitration for disputes over personal injury protection claims.

  • January 03, 2024

    Insurer Settles With Some Defendants In Virus Delay Cost Suit

    Four individual defendants settled with an insurer in its Florida federal court dispute against a construction company over claims on surety bonds during the COVID-19 pandemic, leaving the construction company as the sole active defendant in the case.

  • January 03, 2024

    Insurer Scores Partial Win In Contractor Project Cost Suit

    A Tennessee federal judge gave an insurer a partial win in its suit claiming a contractor owes more than $500,000 after the insurer paid to settle claims brought by two subcontractors regarding two separate projects, but denied its summary judgment bid against the contractor's related company.

  • January 03, 2024

    Detroit Condo Insurer Escapes Covering Underlying Clashes

    An insurer doesn't have to cover a Detroit condo facing suits over damaged fences, defamation and legal fees, a Michigan federal judge ruled, finding exclusions in the directors and officers policy doomed the claims.

Expert Analysis

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • 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.