Specialty Lines

  • 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.

  • May 06, 2024

    Party Co.'s Trackless Train Claims Not Covered, Judge Says

    An underwriter doesn't owe coverage to a Las Vegas-based party rental business for claims stemming from an overturned trackless train at a birthday party, a Nevada federal court has ruled, saying the company failed to maintain its business license at the time of the accident as required by the policy.

  • May 06, 2024

    Meet The Attys For NC Insurance Mogul Facing Bribery Retrial

    Nearly two years after the Fourth Circuit exonerated Greg E. Lindberg on bribery and wire fraud charges, a team of Katten Muchin Rosenman LLP partners with prosecution experience has joined forces with prominent white collar defense lawyer James F. Wyatt lll in hopes of staving off a second conviction for the embattled insurance tycoon.

  • May 06, 2024

    Cheese Supplier, Chubb Unit Settle Salad Recall Coverage Suit

    A New York federal court tossed a cheese supplier's suit seeking coverage from a Chubb unit for costs associated with the recall of tainted salad kits sold to Sam's Club, saying the parties have settled all claims.

  • May 03, 2024

    Freddie Mac, Insurer Settle $32M SEC Probe Coverage Dispute

    Government-backed lender Freddie Mac told a Washington, D.C., federal court Friday that it has settled with an insurer in a $32 million coverage suit stemming from civil actions and federal probes around its collapse during the 2008 global financial crisis.

  • May 03, 2024

    How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

    Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal. 

  • May 03, 2024

    Berkshire Hathaway Countersuit Tossed From Contractor Spat

    A California federal judge tossed Berkshire Hathaway's counterclaims in a $17 million coverage dispute with a fiber optic network developer over an unfinished project, ruling that the insurer failed to meet heightened standards after claiming the developer conspired to prevent the contractor from performing its work.

  • May 02, 2024

    Farmers Face Uphill Fight In 5th Circ. Silo Coverage Row

    A Texas farming cooperative faces an uphill battle in persuading the Fifth Circuit to undo a ruling that denied it coverage for a $1.3 million arbitration award for construction defects in their grain silos, experts told Law360.

  • May 02, 2024

    Insurers Are Covering Litigation Funders. Will It Catch On?

    Insurers have started to cover losses from a third-party litigation funder's portfolio of plaintiff-side investments, experts tell Law360, calling into question the insurance industry's broader position that third-party litigation finance hikes carriers' litigation costs, thus requiring them to raise premiums for consumers.

  • May 02, 2024

    Coral Bleaching Highlights Value Of Reef Insurance

    An ongoing bleaching event expected to weaken coral reefs worldwide should emphasize the importance of novel insurance products in helping to restore critical marine life following major storms, climate and insurance experts say.

  • May 02, 2024

    Insurance Litigation Week In Review

    A treasure hunter got no coverage for his thwarted quest, LexisNexis was sued again for spying on drivers, a fatal drag race had its win reversed, a Chicago general contractor split the Seventh Circuit, and the Fifth Circuit wondered if a healthcare company's mistake was a claim. Here, Law360 takes a look at this week's top insurance news.

  • May 02, 2024

    Lloyd's Unit Gets Oil Well Repair Co.'s $4.5M Claim Tossed

    A Texas federal court tossed an oil well repair company's claim seeking over $4.5 million in additional insured coverage for costs incurred from controlling a blown-out well, finding that the company doesn't have standing to bring an independent claim against the well owner's carrier.

  • May 02, 2024

    Atty In $119M Bad Faith Win Seeks Justice In And Out Of Court

    Policyholder attorney Benjamin W. Massarsky of Miller Friel is part of a team that won over $119 million from insurers in a case thought to have garnered among the largest bad faith wins in the past 30 years. He also works pro bono to fight for accommodations for students with disabilities. Here, he shares where his passions for justice converge.

  • May 02, 2024

    2nd Circ. To Weigh Court's Role In Bermuda Arbitration Row

    The Second Circuit will review Wednesday whether a New York federal court has the authority to remove an allegedly biased arbitrator in a Bermuda reinsurance arbitration, addressing the question of the federal court's limited role in international arbitration. Here, Law360 breaks down the case in advance of oral arguments.

Expert Analysis

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Cos. Seeking Cyber Coverage Can Look To Key Policy Terms

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    As cyberattacks increasingly threaten business operations, including one last month that partially paralyzed UnitedHealth's services, expanded interpretations of several key policy terms may allow affected companies to recover under cyber business interruption policies or other coverage, even if their business hasn't completely shut down, say attorneys at Kasowitz.

  • Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

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    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.

  • Understanding Insurance Is Key To Limiting Antitrust Liability

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    As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.

  • High Court Should Endorse Insurer Standing In Bankruptcy

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    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • Lessons For D&O Policyholders From Pharma Co. Ruling

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    A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone. 

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.