Specialty Lines
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October 30, 2025
Insurance Litigation Week In Review
The Second Circuit upheld Citgo's $54.2 million judgment against insurers over seized Venezuelan oil cargo, a California federal court officially approved an $80 million class settlement over life insurance terminations and a New York federal court sent the state's data breach lawsuit against Allstate entities back to state court. Here, Law360 takes a look at the past week's top insurance news.
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October 29, 2025
NY's Allstate Data Breach Case Sent Back To State Court
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in the litigation are not created by federal law.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Insurer Can't Avoid Massage Therapist's Coverage Claims
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach of contract, a Minnesota federal court ruled.
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October 28, 2025
2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err or abuse its discretion in rulings on summary judgment, judicial notice and jury instructions.
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October 27, 2025
Title Insurer Avoids Coverage For Road Ownership Dispute
A property owner's title insurer owes no coverage for an underlying quiet title action over ownership of a private road between two separate properties, a New York federal court ruled, finding coverage exceptions in two policies relating to the rights of parties "in possession" were applicable.
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October 27, 2025
Tricolor Ch. 7 Trustee Gets OK To Pay Debtor's Insurers
The Chapter 7 trustee for subprime car lender and seller Tricolor Holdings can access about $275,000 in deposited checks at its headquarters to make late insurance payments, a Texas bankruptcy judge said at an emergency hearing Monday.
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October 27, 2025
Baldoni Says Insurer Must Join Calif. Lively Coverage Dispute
Justin Baldoni, the "It Ends With Us" lead and director facing sexual harassment claims from co-star Blake Lively, asked a New York federal court to dismiss an insurer's lawsuit seeking to avoid coverage, noting that he and other insureds have already filed a similar coverage action in California state court.
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October 24, 2025
USAA Defends Medical Reimbursement Cuts In Coverage Row
Two USAA units sought to toss two insureds' proposed class action accusing the companies of under-reimbursing their medical providers via claim handling software, telling a Washington federal court "there is no admissible evidence that plaintiffs' treatments were medically necessary and related to their auto accidents."
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October 23, 2025
Louvre Heist Exposes Coverage Gaps For Art Collections
The theft of approximately $102 million worth of historic artifacts from the Louvre Museum in Paris provided a stunning example of the risks that major cultural institutions can face and the often limited insurance options available to cover financial losses.
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October 23, 2025
Illinois Seeking Transparency With State Farm Suit, Pros Say
In suing State Farm for homeowners insurance data, the state of Illinois is taking an approach to regulating carriers with transparency in mind that could be replicated elsewhere, but lowering climate-influenced costs will be a challenge, experts said.
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October 23, 2025
Deposit Insurance Increase Needs More Analysis, Experts Say
Deposit insurance coverage could increase for the first time since 2010 due to a bipartisan proposal to expand the limit to $10 million per depositor for certain transaction accounts, but banking and insurance experts say legislators should conduct further cost-benefit analyses to ensure safeguards are in place for high-insured deposits.
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October 23, 2025
Insurance Litigation Week In Review
New Jersey's top court agreed to consider the Third Circuit's underinsured motorist coverage questions, the Fifth Circuit revived an oil company's suit seeking coverage for a faulty cement settlement and the Eighth Circuit affirmed that a cleaning equipment manufacturer didn't obtain adequate coverage under its lease with a warehouse owner. Here, Law360 takes a look at the past week's top insurance news.
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October 22, 2025
4th Circ. Seems Wary Of Under Armour's $100M Coverage Win
The Fourth Circuit didn't seem convinced Wednesday that it should affirm a lower court's finding that government investigations into Under Armour are unrelated to a securities class action against the sportswear company and thus trigger an additional $100 million in directors and officers coverage from Under Armour's excess insurers.
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October 22, 2025
NJ Justices To Hear 3rd Circ.'s UIM Coverage Questions
New Jersey's justices will help the Third Circuit consider whether a resident can recover up to the full $2 million limit in his employer's auto policy with Zurich rather than its $15,000 limit for underinsured motorists, the New Jersey Supreme Court announced Wednesday, taking up two certified questions.
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October 21, 2025
5th Circ. Revives Oil Co.'s Faulty Cement Coverage Suit
The Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London.
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October 21, 2025
Finance Co. Says Chubb Must Pay Its Part Of $5M Wire Loss
Financial services company Robert W. Baird & Co. told a Wisconsin federal court that a Chubb unit has wrongly refused to cover any of the company's more than $5 million loss stemming from fraudulent wire instructions, noting that AIG, its primary insurer, already paid a $2.5 million sublimit.
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October 20, 2025
Surfacing Co. Says AIG Must Cover Acquisition Losses
A decorative surface manufacturer told a Delaware state court that an AIG unit must cover losses incurred after the chemical company it acquired allegedly misrepresented the state of its relationship with the company's top customer.
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October 20, 2025
$2.5M Insurance Premium Row Headed To Trial
An insurer's claims that a policyholder owes nearly $2.5 million in unpaid premiums across three separate policies must go to trial, a West Virginia federal court ruled, noting that the policyholder already disputed the existence of one of them.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 17, 2025
Judge Ends $4.6M Goodyear, Michelin Rubber Damage Suit
A Louisiana federal court officially dismissed a $4.6 million dispute involving Goodyear Tire & Rubber Co., Michelin North America Inc. and the companies' insurers over water damage to bales of rubber, saying the parties have fully settled their claims against CEVA Logistics companies and a New Orleans port operator.
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October 17, 2025
Broker Not Covered In Fire Policy Dispute, Insurer Says
An insurance broker accused of mishandling a furniture retailer's insurance procurement, which left the retailer without coverage for a fire, is not entitled to defense or indemnity under its professional liability policy, the broker's insurer told a California federal court.
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October 16, 2025
Future Of 'Ambiguous' Defect Exclusion Remains To Be Seen
The LEG-3 exclusion, a defect exclusion developed by the London Engineering Group, stood largely untested for nearly three decades, but just two years after a Washington, D.C., federal court found the exclusion to be ambiguous, policyholder attorney Angelia Wesch tells Law360 that whether the underwriting group tightens the exclusion's language remains to be seen.
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October 16, 2025
NH Youth Centers Seek Coverage In Hundreds Of Abuse Suits
Two youth treatment centers accused an insurer Thursday of refusing to provide full coverage for hundreds of suits claiming that the centers mistreated children in their care, telling a New Hampshire federal court that the insurer wrongfully limited coverage to $1 million.
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October 16, 2025
Travelers Seeks Over $1M In Camera Theft Subrogation Suit
Travelers is seeking to recoup around $1 million in costs from a shipping logistics company that it says failed to verify to whom it was providing a shipment of cameras, resulting in their theft, according to a complaint filed in California federal court.
Expert Analysis
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Better Crypto Insurance Is Attainable Amid Regulatory Shifts
With regulatory clarity improving and insurance carriers taking an increasingly constructive approach, crypto industry participants can improve their insurance coverage and pricing if finance, legal and compliance teams take specific steps, say Walker Newell and Jacob Sawyer at Woodruff-Sawyer.
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NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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Montana Federal Ruling Takes Broad View Of 'Related Claims'
A Montana federal court recently took a broad view of related claims, ruling that claims brought by different plaintiffs in different states alleging different legal theories were nevertheless under a directors and officers insurance policy, illustrating the range of interpretations courts may give these clauses, say attorneys at Hunton.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Why Early Resolution Of Employment Liability Claims Is Key
A former Los Angeles fire chief's recent headline-grabbing wrongful termination suit against the city is a reminder that employment practices liability disputes can present risks to the greater business, meaning companies need a playbook for rapid, purposeful action, says Karli Moore at Intact Insurance Specialty Solutions.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Notable Developments At The NAIC Summer Meeting
Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer meeting last month, including developments on risk-based capital requirements and the evolving use of artificial intelligence in insurance practices.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Insuring Against FCA Risk In Shifting Trade Landscape
In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.