Specialty Lines

  • November 21, 2024

    11th Circ. Asked To Rethink $100M Credit For John Hancock

    The Eleventh Circuit should reverse its decision allowing John Hancock Life Insurance Co. to keep $100 million in foreign tax credits that rightfully belong to the company's investors, trustees of a retirement plan said in arguing that the court overlooked a key U.S. Treasury regulation.

  • November 20, 2024

    11th Circ. Says No Coverage For Holding Co. In $11.7M Row

    The Eleventh Circuit unanimously affirmed Wednesday that an insurer doesn't have to cover underlying litigation against a holding company by investors who wanted to revoke an $11.7 million buy-in, because claims were made before the policy was active.

  • November 20, 2024

    Burger King Franchisee Escapes BIPA Coverage Counterclaim

    An Illinois federal judge has axed an AIG subsidiary's counterclaim in a Burger King franchisee's lawsuit seeking coverage for an underlying case accusing it of violating Illinois' biometric privacy law, concluding that the counterclaim is redundant and "adds nothing that will not be decided through resolution of the motions for summary judgment."

  • November 19, 2024

    UnitedHealthcare Can't Escape Patient's Proton Beam Suit

    A Florida federal judge on Tuesday refused to toss a federal benefits lawsuit from a patient who alleged that UnitedHealthcare wrongly denied him coverage for proton beam therapy to treat tongue cancer, rejecting the insurer's argument that an exclusion for unproven treatments applied.

  • November 19, 2024

    Parties Voluntarily Toss Sewer Expansion Coverage Row

    An Indiana federal court dismissed a lawsuit Tuesday from a utility company's insurer seeking to avoid covering a $5 million consent judgment and a $14 million damages claim from underlying litigation concerning a sewer expansion plan, after it was told in September the parties reached a global settlement in principle.

  • November 18, 2024

    Pa. Lab Seeks Ad Coverage For Libel Suit Over COVID Tests

    A Pennsylvania laboratory told a federal court Monday that its insurer must cover it in an underlying lawsuit brought by a COVID-19 test manufacturer in which the manufacturer alleged that the lab sent 19,000 letters to test kit users wrongfully stating that the tests were unreliable.

  • November 18, 2024

    Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit

    The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.

  • November 14, 2024

    Insurance Industry Key In Net-Zero Transition, UN Group Says

    The insurance industry must take a more meaningful approach to promoting climate-friendly underwriting and investment practices in support of the transition to a net-zero economy, the United Nations' insurance-climate initiative reported Thursday.

  • November 14, 2024

    6th Circ. Grills Home Depot Over Data Breach Coverage Fight

    Home Depot urged a Sixth Circuit panel to find that a contested electronic data exclusion in its commercial general liability excess policies was ambiguous, "tacking a crack" at persuading the appellate court that a 2014 data breach didn't involve the loss of use of electronic data.

  • November 14, 2024

    Election Highlights States' Role On Insurer Climate Risks

    Working together to understand climate change risks to insurers and their policyholders should be a priority for state regulators, as already limited federal initiatives to study those risks are set to decrease in a Trump administration, risk and climate experts say.

  • November 14, 2024

    Mortgage Co. Seeks Coverage For $30M Cyber Attack Loss

    Mortgage servicer Mr. Cooper Group Inc. accused units of AIG and Berkshire Hathaway of violating Texas' insurer deceptive trade practices and unfair claim settlement laws, telling a Texas federal court Thursday they've failed to fully cover more than $30 million in losses from an October 2023 hacking incident.

  • November 14, 2024

    Insurance Litigation Week In Review

    The First Circuit upheld a Berkley unit’s win in a construction defect coverage suit, the Ninth Circuit affirmed that an unlawful exclusion in an auto policy should be reformed and not voided, and the Third Circuit heard oral arguments in a vehicle valuation class action against Progressive. Here, Law360 takes a look at the week's top insurance news.

  • November 13, 2024

    Insurer Says Condo That Prevented Hunting Has No Coverage

    The insurer for a homeowners association asked a South Carolina federal court Wednesday to determine that a dispute over the organization's attempt to ban residents from hunting deer on their property was not owed coverage under its policy's provisions.

  • November 13, 2024

    Insurers Say Hyundai, Kia Should Pay For Combusting Cars

    A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.

  • November 13, 2024

    Perkins Coie Insurance Litigator Returns From Pillsbury

    Perkins Coie LLP is rehiring an insurance litigator from Pillsbury Winthrop Shaw Pittman LLP, as the firm's insurance recovery work has more than doubled in the past three years, that group's practice chair told Law360 Pulse on Wednesday.

  • November 12, 2024

    Freddie Mac Gets Partial Win In SEC Probe Coverage Dispute

    Government-backed mortgage buyer Freddie Mac cannot obtain coverage solely because its employees received subpoenas from the U.S. Securities and Exchange Commission, a D.C. federal court ruled while also holding that the lender's excess insurers cannot challenge a lower-layer insurer's coverage determination.

  • November 07, 2024

    Trump Election Complicates Growing Insurance Climate Crisis

    Donald Trump's election to a second term as president is a huge setback for global efforts to curb climate change, and his disregard for the environment will likely complicate efforts to better understand climate risks facing insurers and consumers, experts say. 

  • November 07, 2024

    State Farm Owes No Coverage For Exec In Fatal Crash Suit

    A repair company's president who was involved in a fatal accident while driving a truck he personally owned but also used on the job can't be covered under its commercial auto policies, an Alaska federal court ruled, noting it's undisputed he was on a personal errand at the time.

  • November 07, 2024

    Trump Win Shakes Up D&O Coverage Risks Across Sectors

    The reelection of former President Donald Trump this week promises to usher in a starkly different administration and regulatory approach, scrambling the current risk landscape for directors and officers and their insurers.

  • November 07, 2024

    Insurance Litigation Week In Review

    Insurers sought to limit coverage for Alexion Pharmaceuticals Inc. in underlying securities claims, a proposed class of Washington Airbnb users accused the company's insurers of including undisclosed fees in their travel insurance and two Hartford units said Meta isn't owed coverage for numerous public nuisance lawsuits. Here, Law360 takes a look at the past week's top insurance news.

  • November 07, 2024

    Insurance Industry Biodiversity Push Comes Down To Funds

    The insurance industry could lend crucial support in preventing biodiversity loss through novel risk-sharing instruments, but its effectiveness will depend on the ability to finance coverage costs, and understand the risks to biodiversity in a variety of ecosystems.

  • November 07, 2024

    6th Circ. To Mull CGL-Cyber Line In Home Depot Hack Fight

    The Sixth Circuit's consideration of whether an electronic data exclusion relieves commercial general liability insurers for Home Depot of $50 million in data breach coverage obligations could provide some clarity on when, or if, CGL and cyber coverage overlap.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    Del., NC Insurance Commissioners Hold Their Seats

    Incumbent insurance commissioners successfully defended their positions on Election Day, with Mike Causey winning in North Carolina, Trinidad Navarro securing his position in Delaware and Jon Godfread running unopposed in North Dakota. Washington voters elected a new commissioner for the first time in 24 years, with state Sen. Patty Kuderer assuming the position.

Expert Analysis

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Leveraging Insurance Amid Microplastics Concerns

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    A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.

  • Examining Illinois Genetic Privacy Law Amid Deluge Of Claims

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    After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.

  • An American Policyholder's Guide To UK Insurance Arbitration

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    No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Top 10 Queries For Insurers Entering Surplus Lines Market

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    John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • What New Conn. Insurance Bulletin Means For Data And AI

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    A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney. 

  • High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • 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.