Specialty Lines
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July 02, 2025
State Farm Investigation In Calif. Spotlights Adjuster Issues
A California regulatory investigation into State Farm's California subsidiary is spotlighting common issues in the insurance recovery process following major disasters, but experts also say that the insurer's high level of exposure opened it up to more consumer scrutiny.
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July 02, 2025
Life Insurer Agrees To Settle Inflated Charges Suits For $45M
A Missouri-based life insurer agreed to pay $45 million to settle a group of proposed and certified class actions accusing it of using certain nonmortality factors, contrary to policy language, to impose higher costs on policyholders, bringing the insurer's total losses for such claims to over $94.5 million.
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July 02, 2025
Q&A: Policyholder Atty On Career Win Against Calif. FAIR Plan
A major ruling last week that fire insurance offered by California's insurer of last resort doesn't meet minimum standards under state law should redefine the conversation around what constitutes insurable fire risk, according to one of the plaintiff's lawyers. Here, Law360 talks to policyholder attorney Dylan Schaffer of Kerley Schaffer LLP about the decision and case he regards as the most meaningful in his career.
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July 02, 2025
Auto Dividend Policies Can Be A Win For Drivers And Insurers
Dividend policies from auto insurers can offer carriers more premiums up front, strengthening their bottom line, while encouraging drivers to be more risk-averse once they have a vested interest in receiving significant dividends, carrier-side attorney Michael Savett of Butler Weihmuller Katz Craig LLP told Law360. Here, Savett discusses the particulars of such policies.
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July 02, 2025
Marsh Says Brokerage Poached Employees, Client
Insurance brokerage Marsh told a New York federal court that a competing brokerage orchestrated a scheme with former Marsh employees to steal clients in its surety business, noting that the competitor has faced over 70 other similar lawsuits.
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July 02, 2025
Kenyan Firm's Boeing Crash Fee-Sharing Suit Is Tossed
An Illinois federal judge has thrown out a suit by a Kenyan firm alleging that an Illinois firm wrongly pushed it out of a fee-sharing agreement stemming from a settlement with Boeing over the 2019 Ethiopian Airlines 737 Max crash, finding some of the claims fall under Illinois' litigation privilege, while the rest are unsupported by the complaint.
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July 01, 2025
Hartford Units Avoid Asbestos Settlement Coverage
Three Hartford units have no duty to cover a brake and clutch manufacturer for an asbestos injury settlement, a New Jersey federal court ruled, finding the company's late notice of the claim doomed its chances at coverage.
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July 01, 2025
Anthem Inks $13M Deal To End Mental Health Class Action
Anthem has agreed to pay about $12.9 million to end a proposed class action alleging the insurer's coverage denials for inpatient mental health and substance use disorder treatments violated federal benefits and mental health parity laws, according to New York federal court filings.
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July 01, 2025
Nationwide Launches Coverage Bid For Fatal Crash Suit
Nationwide Agribusiness Insurance Co. wants an Ohio federal court to order that a Connecticut-based insurer and a transportation company must cover wrongful death claims stemming from a tractor-trailer crash that ultimately killed a pregnant mother's unborn baby.
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June 30, 2025
Justices Decline Appeal Over State Law Question Certification
The U.S. Supreme Court on Monday declined accepting a petition for certiorari attacking the Ninth Circuit's "uniquely standardless approach" for asking state supreme courts to answer questions of state law, in an appeal over putative class action claims that two life insurers violated California statutes concerning benefit denials.
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June 26, 2025
Calif. FAIR Plan Fire Policy Is Unlawful, Court Rules
Fire insurance offered by California's insurer of last resort does not meet the minimum coverage standards laid out in the state insurance code, a California state court ruled, finding the policy's definition of "direct physical loss" and its smoke damage provision to be unlawfully restrictive.
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June 26, 2025
Iran Volatility Implicates Range Of Trade Coverages, Pros Say
A growing market for insurance meant to protect companies from trade disruptions could help a wide array of industries cover risks associated with military hostilities in Iran and Israel, but experts caution that there are important limits to such coverages.
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June 26, 2025
Insurance Litigation Week In Review
State Farm will likely face class certification in a California federal homeowners insurance case, the Ninth Circuit sought input from New York's top court over automakers' duties, and a New York federal court sided with a policyholder in coverage litigation over corporate sale and merger transactions. Here, Law360 takes a look at the past week's top insurance news.
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June 26, 2025
Insurance May Not Solve Swalwell's DOJ Concerns
U.S. Rep. Eric Swalwell’s decision to obtain liability insurance amid concerns of arrest and legal action from the Trump administration could encourage other public officials to follow suit, but questions remain over whether potential claims will fall within the scope of coverage, experts say. Here, policyholder attorneys share their thoughts on public officials shielding themselves with individual liability policies.
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June 26, 2025
NJ Water Treatment Co. Can't Avoid AIG's Rescission Bid
A water treatment product manufacturer must face an AIG unit's counterclaim seeking to rescind extensions of two policies, a New Jersey federal court ruled Thursday, saying the insurer plausibly alleged that the company made material misrepresentations in its policy application that could void coverage under the extensions.
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June 24, 2025
D&O Insurer Must Cover Investor In Merger Dispute
A directors and officers liability insurer had a duty to defend and indemnify a venture capital investor in a now-resolved lawsuit over the sale of a company immediately after a merger, a California federal court ruled, finding a dilution-of-shares exception in an exclusion applicable.
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June 24, 2025
Pollution Exclusion Applies Without Exception, AIG Unit Says
An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.
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June 24, 2025
Lewis Brisbois Opens Insurance Practice With Atty From WTW
Lewis Brisbois Bisgaard & Smith LLP has launched a practice catering to the legal needs of insurance underwriters, product leaders and managing general underwriters and agents, hiring a former executive vice president at insurance broker Willis Towers Watson PLC to co-chair it.
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June 20, 2025
Aflac Hacked In 'Campaign' Against Insurance Industry
Aflac is the latest target of an ongoing "cybercrime campaign against the insurance industry," the company said Friday, reporting that a breach has potentially exposed claims and health data, Social Security numbers and other personal information.
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June 18, 2025
Trade Atty Explores UK Insurance Ruling On Stranded Planes
In finding that major insurers are obliged to pay aircraft lessors billions over planes stranded in Russia following its invasion of Ukraine in 2022, a London court offered an interpretation of war risk loss that could set the stage for future litigation and change how carriers approach coverage, a trade law attorney told Law360. Here, Linda Jacques, a U.K.-based partner at Lester Aldridge LLP, dives into the ruling's implications and possible next steps.
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June 18, 2025
Pollution Insurer Says Cos. Not Covered In Groundwater Row
A pollution liability insurer for an oilfield services company told a Texas federal court it owes no coverage for two lawsuits accusing the company and a former subsidiary of groundwater contamination, arguing the company breached its claim reporting requirements and knew of the alleged contamination before purchasing coverage.
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June 18, 2025
Fed. AI Moratorium Proposal May Undo State Insurance Regs
A proposed federal moratorium on state regulation of artificial intelligence systems has raised alarms from state insurance regulators and practitioners, who say the broad scope of the moratorium may threaten to undo long-established practices and spread confusion across the industry.
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June 18, 2025
Insurance Litigation Week In Review
The Fourth Circuit affirmed that a homeowner isn't entitled to a premium refund under federal mortgage law, a North Carolina federal court refused to resurrect a hospitality group's pandemic-related coverage suit, and a New York federal court said an insurer can't force another to defend a property owner in an injury lawsuit. Here, Law360 takes a look at the past week's top insurance news.
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June 18, 2025
Data Center Risks Call For Close Eye During Policy Renewal
Data centers in the United States continue to grow, but the operators have an often unique portfolio of risks that may not fit squarely within the coverage provided by existing insurance products. Here, Law360 speaks with Reed Smith partner Stephen T. Raptis about the potential risks that data center operators may face and how these policyholders should approach renewals to ensure the data center is properly covered.
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
Bankruptcy Motion Marks Rising Salience Of Cyber Coverage
Unprecedented arguments in a data company's bankruptcy petition that cite a failure to maintain adequate cyberinsurance coverage underscores the growing view that this specialty coverage can represent an important, if not essential, form of risk mitigation for certain organizations. Here, Russell Squire of Reed Smith LLP's insurance recovery group spoke to Law360 about how arguments in one case represented growing recognition of the importance of cyberinsurance and the liability risks posed by data breaches.

Rep & Warranties Payouts Set Records In 2024, Aon Says
Last year represented a banner year for payouts of representation and warranties claims, a key risk management tool in mergers and acquisitions, even as dealmaking activity remained subdued compared to its pandemic peak, according to a recent report by Aon.

Fla. Death Damages Row Signals Insurers' Tort Reform Focus
Florida Gov. Ron DeSantis' veto of a bill that would have repealed limits on noneconomic damages in fatal medical malpractice cases — despite state lawmakers' overwhelming support of the measure — signals broad concerns over how tort reform legislation could impact the insurance industry.
Expert Analysis
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How Insurance Policies Are Adapting To AI Risk
While many risks related to artificial intelligence may still fit under existing commercial insurance policies, the rise of broad AI exclusions, the definitional uncertainties surrounding what qualifies as AI and the emergence of affirmative AI coverage signal a shift toward a more fragmented and complex coverage environment, say attorneys at Hunton.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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State Farm Rate Hike Portends Intensifying Insurance Crisis
The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.
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5 Insurance Claims That Could Emerge After NCAA Settlement
Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Cos. Considering DExit Should Assess D&O Insurance Effects
As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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7 D&O Coverage Areas To Assess As DOJ Targets DEI
Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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What Disparate Impact Order Means For Insurers' AI Use
A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.