Specialty Lines

  • 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.

  • May 16, 2024

    Insurance Litigation Week In Review

    An Arizona judge issued an apparently novel ruling over a foreign discovery statute's applicability to a Canadian arbitration, the U.S. Supreme Court declined to take up a $3.5 billion underwriting surplus class action and policyholders accused UnitedHealth of covering up a U.S. Department of Justice antitrust investigation.

  • May 15, 2024

    UnitedHealth Concealed DOJ Merger Investigation, Suit Says

    UnitedHealth Group has been hit with a proposed shareholder class action alleging that it failed to disclose that the U.S. Department of Justice had reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company, and that top executives had sold more than $120 million of shares knowing about the investigation before a news report revealed it to the public.

  • May 15, 2024

    3rd Circ. Says Pa. City Isn't Covered In Cop's Employment Suit

    A Pennsylvania city cannot obtain coverage for underlying litigation brought by a police officer who has repeatedly sued the city, as his present suit is related to previous ones and is therefore excluded by the policy, the Third Circuit said Wednesday.

  • May 15, 2024

    Kaufman Dolowich Lands Insurance Duo From London Fischer

    Kaufman Dolowich LLP has added two professional liability partners from London Fischer LLP, the firm said Wednesday.

  • May 15, 2024

    No Coverage For Day Care In Toddler Death Suits, Judge Says

    A Progressive unit has no duty to defend or indemnify a now-defunct day care and its former owner in two suits over the death of a toddler who was left in a hot car, a Tennessee federal court has ruled, saying the vehicle involved wasn't covered under the day care's policy.

  • May 14, 2024

    Insurer Wants Tainted Wine Coverage Suit Axed For Good

    A Nationwide unit asked a California federal court to permanently toss a wine bottling company's suit seeking reimbursement for costs incurred in defending and settling an underlying suit claiming the bottler damaged nearly $1.2 million of wine, saying the company failed to allege facts that would trigger coverage.

  • May 14, 2024

    Insurer Says Miami Retaliation Scheme Not Covered

    An insurer for the City of Miami is seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, telling a Florida federal court that the allegations fall outside the scope of its policies.

  • May 14, 2024

    Legal Insurers See 'All-Time High' In Price Tag Of Claims

    Some of the nation's largest legal insurance companies are reporting an unprecedented rise in "claim severity," according to survey data released Tuesday, with 11 of 13 insurers reporting paying claims in excess of $100 million in the past two years.

  • May 13, 2024

    AIG Unit Decries Bank's 'Eleventh Hour' Fraud Claims

    A bank owner's amended claims accusing an AIG unit of violating the Texas Insurance Code by refusing to cover certain defense costs must be tossed, the insurer told a Texas federal court, arguing that the bank made an "eleventh hour" attempt to expand the case beyond a simple contract dispute.

  • May 13, 2024

    Insurer's Countersuit Pared In $1.85M Boat Fire Coverage Row

    A Florida federal judge has allowed part of an insurer's countersuit to continue in a yacht owner's dispute over coverage for a 2023 boat fire after the insurer denied the company for allegedly misrepresenting boat prices.

  • May 13, 2024

    Justices Decline To Hear $3.5B Insurance Surplus Case

    A proposed class action accusing an insurer of failing to return an over $3.5 billion surplus of underwriting profits back to policyholder members will be litigated in Illinois state court, the U.S. Supreme Court ruled Monday, denying the company's bid for certiorari.

  • May 13, 2024

    Justices Won't Touch Insurer's Win In 401(k) Exit Fee Suit

    The U.S. Supreme Court declined Monday to hear a dental office's case accusing an insurance company of unlawfully charging fees to 401(k) plans that left its platform, leaving in place a Fifth Circuit ruling that found the insurer was under no obligation to waive the charges.

  • May 10, 2024

    4th Circ. Tosses Driver's Allstate UIM Appeal As Untimely

    The Fourth Circuit dismissed a South Carolina woman's appeal seeking underinsured motorist coverage from Allstate for injuries she suffered in a car accident, finding Friday that the appellate court lacked jurisdiction over the issue because outstanding, competing claims in the action remained.

  • May 09, 2024

    10th Circ. Appeal May Expand Pollution Coverage In NM

    The Tenth Circuit will hear oral arguments May 20 to determine whether absolute pollution exclusions doom a New Mexico property owner's quest for $120,000 in defense coverage in a case attorneys say could determine the future of such environmental coverage in the state.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    4th Circ. Chides Insurer For Bid To Escape $5.8M Payout

    A Fourth Circuit judge scolded an insurance company in its attempt to get out of a $5.8 million verdict through an exclusion in a general contractor's policy that it tried to trigger for mold cleanup, leaving little doubt Thursday that the panel will uphold the award.

  • May 09, 2024

    Md. Insurance Chief On Keeping Up With AI Regulation

    The insurance industry is exploring artificial intelligence technology use in its business as regulators like Maryland Insurance Commissioner Kathleen Birrane work to keep up and protect consumers from the risks of the evolving technology. Here, Law360 checks in with Birrane on the subject.

  • May 09, 2024

    DEA Cannabis Proposal Likely To Keep Insurers Sidelined

    Federal drug enforcers' recent proposal to remove cannabis' designation as a high-risk drug with no accepted medical use could portend insurance benefits, but experts say uncertainties over the drug's mixed legal status will keep insurers sidelined for now.

  • May 09, 2024

    Insurance Litigation Week In Review

    Michigan's top court mulled the effect of new liability coverage mandates on older auto policies, a group of insurers escaped arbitration in an airport terminal defect dispute, and South Carolina drivers were granted class certification in a suit over Progressive's total loss vehicle valuation methods.

Expert Analysis

  • 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.

  • Insurance Considerations For State Biometric Privacy Claims

    Author Photo

    As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.