Specialty Lines

  • 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.

  • May 09, 2024

    A Mother's Fight To Secure Insurance Benefits For Autism

    After Lorri Unumb's son was diagnosed with autism, she spent over a decade drafting and securing legislative mandates for autism insurance benefits across the country. With Mother's Day on May 12, Law360 spoke with Unumb about how for her, motherhood included a calling to advocate for autism therapy coverage.

  • May 09, 2024

    Driver Class Certified In Progressive Total Loss Value Suit

    A South Carolina federal judge has granted class certification to a group of drivers who suffered "total loss" accidents and allegedly had the value of their totaled cars lowballed by Progressive Direct Insurance Co., rejecting the insurer's arguments that the proposed class representative was unfit.

  • May 07, 2024

    Cashless Pay Co., Axis Toss Securities Action Coverage Row

    An electronic payments company and Axis Insurance Co. voluntarily tossed their dispute Tuesday over coverage for a consolidated securities action and other claims alleging that certain company executives breached their fiduciary duties through financial reporting and accounting failures.

  • May 07, 2024

    Insurer Seeks Hearing Cancellation In Arbitrator Bias Dispute

    An insurer seeking the removal of an arbitrator in a Bermuda reinsurance coverage dispute told the Second Circuit on Tuesday that a hearing on the issue should be canceled as an award was issued in the arbitration, rendering the dispute moot.

  • May 07, 2024

    Title Insurer Gets Partial Win Against Lender In Lien Dispute

    A lender seeking coverage from its title insurer for mechanic's lien claims after the owner of a senior living community defaulted on its $26 million construction loan can only potentially get coverage under a disbursement endorsement in its policy, a Colorado federal court ruled, finding an exclusion applicable.

Expert Analysis

  • 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.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

    Author Photo

    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • 4th Circ. Ruling Continues Trend Of Insurer Bump-Up Wins

    Author Photo

    The Fourth Circuit's recent decision in Towers Watson v. National Union Fire Insurance, finding no directors and officers insurance coverage for underpayment in a reverse triangular merger, supports an emerging consensus that "acquisition" encompasses a variety of transaction types for the purposes of D&O bump-up exclusions, say Joshua Polster and Charlotte McCary at Simpson Thacher.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

    Author Photo

    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • Greenwashing Suits May Implicate D&O Policies

    Author Photo

    As consumers, regulators, and state and local governments seek to use litigation to hold companies responsible for alleged greenwashing, businesses facing such claims have a number of approaches available for seeking insurance coverage under directors and officers policies, say attorneys at Haynes Boone.

  • ALI, Bar Groups Need More Defense Engagement For Balance

    Author Photo

    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • Private Equity Firms Shouldn't Overlook Cybersecurity Risks

    Author Photo

    Given the operational, financial and reputational costs at stake, and the growing threat of cybercrime, cybersecurity should be central to deal making, internal governance and post-acquisition management for private equity firms, say Ray Bogenrief and William Ridgway at Skadden.

  • ​​​​​​​BIPA Ruling Furthers Mixed Signals On Insurance Coverage

    Author Photo

    A recent Illinois appellate ruling in Remprex provides another perspective on the issue of insurance coverage for Biometric Information Privacy Act lawsuits, but its reach will be limited, as it did not cover the three exceptions that have been the focus of related federal court decisions, says Charles Insler at HeplerBroom.

  • What Texas Misrepresentation Ruling Means For Insurers

    Author Photo

    The Texas Supreme Court's recent decision in American National Insurance v. Arce, confirming that insurers must prove intent to deceive in order to rescind coverage based on material misrepresentation, solidifies additional burdens for insurers to consider during both the underwriting and claims adjudication processes, say Josh Pedelty and Javon Johnson at Husch Blackwell.

  • Less Cyber Coverage, More Compliance Risk For Cos.

    Author Photo

    Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.

  • Climate Reporting Regs Mean New Risks To Insure

    Author Photo

    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

    Author Photo

    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • FTX Proceedings Highlight D&O Issues Amid Bankruptcy

    Author Photo

    A Delaware bankruptcy judge’s recent refusal of Samuel Bankman-Fried's request to access FTX's directors and officers coverage serves as a reminder of the interplay of bankruptcy law and D&O insurance policies, and some best practices for policyholders when pursuing D&O coverage during bankruptcy, say Geoffrey Fehling and Justin Paget at Hunton.