Specialty Lines

  • January 02, 2024

    Insurer Can't Sue Over Moldy Forever 21 Clothes, Court Told

    A China-based freight logistics business urged a California federal court Tuesday to reject an insurer's bid for an early win in a lawsuit concerning a shipment of Forever 21 clothes that were purportedly damaged, saying the insurer hadn't shown that the cargo was actually marred.

  • January 02, 2024

    Lawyer's Liability Coverage Suit Sent Back To State Court

    A Pennsylvania federal judge overruled objections to a magistrate judge's recommendation that a dispute over coverage of an attorney accused of abuse of process be remanded to the state court from whence it came.

  • January 02, 2024

    Court Rejects Wells Fargo's Bid To Drop 'Human Wager' Suit

    Wells Fargo must continue facing a lawsuit accusing it of attempting to collect from a $4 million life insurance policy the insurer calls an "illegal human life wager," a New Jersey federal court ruled, also agreeing with the insurer that New Jersey law applies, not New York law.

  • January 02, 2024

    Insurer Drops Coverage Suit Over Firm's $459K Fraud Claim

    ALPS Property & Casualty Insurance Co. has dropped its suit against one of its insureds, a Vermont law firm, that was seeking coverage for a state court lawsuit claiming it lost a $459,000 mortgage payment to a scammer.

  • January 01, 2024

    Top Specialty Lines Rulings From The 2nd Half Of 2023

    The pivotal specialty lines decisions of 2023 tackled the nuances of policy language addressing the limits of exclusions, directors and officers coverage and coverage issues related to government investigation. Here, Law360 breaks down some of the most consequential specialty lines cases that wrapped up the year.

  • January 01, 2024

    Illinois Cases To Watch In 2024

    One of the biggest players in Illinois politics faces a criminal racketeering trial, a host of lawsuits filed under a decades-old genetic information privacy law will advance and the state's high court is expected to further weigh in on insurance coverage for litigation under the state's biometric privacy statute in some of the Illinois cases to watch in 2024.

  • January 01, 2024

    Insurance Legislation And Regulation To Watch In 2024

    The insurance industry is entering 2024 with a full plate of hot topic issues for legislation and regulation, including climate risk and data privacy, as rulemakers attempt to keep up with developing technologies and tackle home insurance challenges in vulnerable states. Here, Law360 looks at legislation and regulation topics the insurance industry will watch in the new year.

  • January 01, 2024

    The 5 Strangest Insurance Cases Of 2023

    Insurance protects policyholders from unforeseen situations, but some circumstances are so strange that even insurers couldn't have predicted them. Here, Law360 looks back on the strangest insurance cases of 2023.

  • January 01, 2024

    Top Specialty Lines Insurance Cases To Watch In 2024

    The new year promises to bring major decisions from the U.S. Supreme Court down to the district court level on issues affecting key questions in specialty lines of insurance coverage. Here, Law360 looks at specialty lines cases to watch in the first half of 2024.

  • December 21, 2023

    Manufacturer Says State Farm Stole Safe Driving Technology

    A New Mexico device manufacturer told a Texas federal court that State Farm is infringing two of its patents for safe driving technology that authenticates drivers and monitors vehicle operations via GPS through the insurer's "Drive Safe & Save" technology.

  • December 21, 2023

    Ky. Horse Breeder Files Motion For Dead Stud Coverage

    A stallion breeder tried to move toward a speedy victory in a dispute over insurance coverage for the death of a horse, telling a Kentucky federal court Thursday that the stud was undergoing legitimate treatment for lacking libido when a vitamin injection killed him.

  • December 21, 2023

    Taxpayer Group Seeks Revival Of San Jose Gun Law Fight

    A California taxpayers association urged the Ninth Circuit to revive its challenge to the city of San Jose's ordinance requiring gun owners to pay an annual gun harm reduction fee to a designated organization, saying a compelled donation to a private nonprofit violates gun owners' First Amendment rights.

  • December 21, 2023

    Crum & Forster, Contractor Settle Sewer Damage Dispute

    Crum & Forster and a general contractor accusing the insurer of failing to provide a "prompt and proper" defense in an underlying lawsuit over a damaged sewer line reached an agreement to resolve their dispute, the pair told a Washington federal court.

  • December 21, 2023

    Insurer Says No Coverage For Flight School Training Row

    A flight school doesn't have coverage for an underlying suit alleging misrepresentations were made about a program's certification and accreditation, its insurer told a North Carolina federal court, saying the flight school waited about two years too long to notify the insurer of the claims.

  • December 21, 2023

    Legal Marketing Biz Wants Hurricane Solicitation Suit Tossed

    A legal marketing company is urging the Southern District of Texas to accept a magistrate judge's recommendation to toss a proposed class action over troubled Houston law firm McClenny Moseley & Associates PLLC's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • December 20, 2023

    Vague Policy Language Should Net Win In BIPA Suit, Co. Says

    A medical device manufacturer told an Illinois federal court it should be granted a win over two Hanover units in connection with an underlying class action alleging biometric privacy violations, claiming the vague language in certain exclusions means they can't apply to bar coverage.

  • December 20, 2023

    Insurers Settle Dispute Over 'Trashed' Art Suit Coverage

    A commercial liability insurer and a museum collections and loan insurer settled a suit in California federal court over defense and indemnity obligations owed in an underlying suit in the same court over supposedly "trashed" art.

  • December 20, 2023

    Marsh Failed To Secure Proper Coverage, Court Told

    The insurer for a trucking company accused insurance broker Marsh USA Inc. of failing to obtain the proper insurance coverage for the company, telling a New York federal court Wednesday that the trucking company wanted to waive underinsured motorist coverage in Pennsylvania.

  • December 20, 2023

    Reinsurer Maiden Holdings Beats Investor Suit On $309M Loss

    A New Jersey federal judge has granted summary judgment to reinsurance company Maiden Holdings Ltd. in a shareholder suit claiming that it misrepresented its underwriting and risk management practices, ruling that the evidence presented shows that the company engaged in a "complex actuarial process" to set loss reserves.

  • December 20, 2023

    Dispute Between BofA, Title Insurer Dropped After Court Stay

    Bank of America dropped its HOA foreclosure title coverage suit against a title insurer, ending the dispute more than a month after asking a Nevada federal court to stay proceedings while the state high court considers rehearing a similar case.

  • December 20, 2023

    Air Carrier, Insurer Settle Fight Over Damaged Delivery Payout

    An insurer told a New York federal court that it has reached a settlement in principle to end its claims against an international air carrier for a damaged shipment that cost the insurer more than $122,000 in resolving a claim from the cargo's owner.

  • December 19, 2023

    Fla. Siblings Charged With Receiving $9M In Medicare Scheme

    Two Florida siblings were arrested Tuesday on charges of accepting $9 million in payments as part of a scheme to fraudulently bill Medicare, according to a U.S. Department of Justice statement. 

  • December 19, 2023

    NY Panel Upholds Rental Airplane Owner's $5M Coverage Win

    A New York appeals panel on Tuesday upheld a more than $5 million verdict in favor of the owner of a rental airplane that was seized by the Brazilian government, finding a jury had adequately determined the company's insurers should cover the loss.

  • December 19, 2023

    'Soft And Dicey' Testimony To Stay In Concrete Coverage Row

    A Florida federal judge rejected a Chubb unit's request to exclude a material expert's testimony in a defective concrete coverage dispute, saying Tuesday that although the insurer "will have a substantial amount of legal ammunition to fire," the challenges to his views are best suited for trial.

  • December 19, 2023

    7th Circ. Got BIPA Insurance Ruling Wrong, Ill. Judges Say

    An Illinois appellate court ruled Tuesday that two insurers are not responsible for part of a $19 million settlement in underlying biometric privacy litigation based on a broad violation-of-law policy exclusion, saying the Seventh Circuit's recent analysis of nearly identical language is not "an accurate reflection of Illinois law."

Expert Analysis

  • 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.

  • State Ransomware Payment Laws Raise Insurance Questions

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    Recent Florida and North Carolina statutory prohibitions on government agencies' ransomware payments will not just affect public entities' response to ransomware incidents, but also require consideration from insurers whose policies may cover ransom payments, say Ted Brown and Mallory Meaney at Wiley.

  • Anti-Kickback Circuit Split Holds Implications For Defendants

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    The Eighth Circuit's recent decision in U.S. v. D.S. Medical represents a significant step toward holding plaintiffs to more exacting burdens of proof in Anti-Kickback Statute False Claims Act suits, and the outcome of the resulting circuit split could decrease estimated damages for defendants, say attorneys at Gibson Dunn.

  • 8th Circ. Ruling Raises Bar For Anti-Kickback FCA Claims

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    The Eighth Circuit's decision in U.S. v. D.S. Medical makes it more difficult for plaintiffs to claim that a violation of the Anti-Kickback Statute supports False Claims Act liability, but an emerging circuit split and uncertainty regarding evidentiary requirements must be considered when developing a defense strategy, say attorneys at Winston & Strawn.

  • Insurance Tips For Cos. Offering Reproductive Health Benefits

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    Post-Dobbs state laws allowing legal action against anyone who facilitates an abortion could lead to claims against employers providing reproductive health benefits, so companies must ensure their insurance policies afford sufficient protection for any novel claims, say Heather Habes and Gretchen Hoff Varner at Covington.

  • Texas Tax Talk: Ruling May Erode Pro-Taxpayer Presumption

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    Following the recent Texas Supreme Court opinion in Hegar v. Health Care Service, the state comptroller may try to limit the utility of a long-standing presumption that ambiguous tax statutes must be construed strictly against the taxing authority and liberally for the taxpayer, say attorneys at Baker Botts.

  • Understanding Legal Considerations In Cannabis M&A Deals

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    Zachary Turke and Peter Park at Sheppard Mullin discuss the unique set of challenges for both buyers and sellers in cannabis industry merger and acquisition deals, given the rapidly changing economic conditions, the ever-changing regulatory landscape and new market entrants.

  • Cybersecurity Basics Are Key to Combating Ransomware

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    Recent prohibitions on ransom payments and other public policy measures vastly underestimate the breadth and complexity of the ransomware problem and will only work if organizations adopt basic cyber defenses, says Kate Margolis at Bradley.

  • How M&A Insurers Can Increase Smaller Deal Servicing

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    As the number of M&A deals in the $50 million to $200 million range continues to grow, lawyers, insurance brokers and clients must address the trend away from covering these smaller transactions by working together to make it easier for carriers to consider submissions and to insure these types of risks, says Hilary Weiss at Liberty Global.

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • Bankruptcy Case May Help Define Surety Executory Contract

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    Next week’s Fifth Circuit oral argument in Argonaut Insurance v. Falcon V is of great interest to the surety industry as this case presents an opportunity for the court to address several unsettled questions on whether a tripartite arrangement, such as a surety bond program, is an executory contract for bankruptcy purposes, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.