Expert Analysis

Calif. Case Could Lead To A Redefined Pollution Exclusion

In recently agreeing to hear Montrose Chemical v. Superior Court, the California Supreme Court will decide whether... (more story)

PFAS Risks In M&A Amid Litigation, Legislative Developments

Per- and polyfluoroalkyl substances have become a significant M&A concern amid new trends in settlements and state... (more story)

How To Counter 7 Logical Fallacies In Legal Arguments

Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, b... (more story)

Property More

Insurance Pool Says No Extra Coverage For City's Hail Claim

A municipal self-insurance pool has filed suit in Colorado state court seeking a finding that it owes no additional coverage beyond the nearly $1 million it already paid for hail damage claimed by a Yuma Count... (more story)

Fla. Court Allows Chubb's Salvage Claim On Stolen Planes

Chubb European Group SE can move forward with a counterclaim against an aircraft leasing company that alleges the insurer can claim 23 Boeing and Airbus aircraft stolen by Russia at the start of the Ukraine wa... (more story)

Insurance Litigation Week In Review

Law360 Insurance Authority looks at the past week's top insurance news.

Chubb, BJ's Wholesale Sued Over Proxy Ballot Exclusions

Chubb Ltd. and BJ's Wholesale Club Holdings Inc. have been hit with shareholder suits over their moves to exclude certain proposals from their proxy ballots this year after other corporations facing similar li... (more story)

Insurer, Fla. Condo Owners Settle Hurricane Coverage Dispute

Westchester Surplus Lines Insurance Co. and multiple Florida homeowners associations have ended their dispute in Florida federal court over the associations' more than $230 million insurance claim for Pensacol... (more story)

False Positive Blocks $50M COVID Coverage Bid, Court Told

An insurer said an auto parts manufacturer can't get $50 million in coverage for COVID-19 losses, telling a North Carolina federal court the company concealed that an employee's positive test result was false ... (more story)

Insurer Challenges Hail Damage Claim Timing

An insurer said in Colorado federal court Friday that the Denver-area homeowners association accusing it of delaying and not properly covering losses following a hailstorm hasn't proved that the claimed damage... (more story)

$95M Kaiser Row Tees Up Challenge For Fund Returns

Kaiser Foundation Health Plan’s lawsuit seeking $95 million in coverage for a recently settled whistleblower action raises an important challenge to policy language that limits coverage for claims related to r... (more story)

Insurance Litigation Week In Review

A North Carolina church is entitled to $1.1 million in coverage for a roof damage claim, a semiconductor manufacturer was owed a defense against an employee's birth defect suit, and a CNA unit need not defend ... (more story)

Exploring Good Faith And Bad Faith, From Dock To Doorstep

Evolving in different contexts, property and maritime insurance take almost opposite views on the foundational concepts of good faith and bad faith, but, as evidenced by two recent decisions, they dovetail on ... (more story)

General Liability More

4th Circ. Allows Insurer To Seek Arbitration In Foam Case

The Fourth Circuit on Wednesday overturned an order barring Illinois Union Insurance Co. from seeking to arbitrate in London a dispute within multidistrict litigation over alleged contamination from firefighti... (more story)

Overhauled IRS Microcaptive Rules Pass Muster With Judge

Revamped rules requiring taxpayers to disclose certain microcaptive insurance arrangements to the Internal Revenue Service do not violate the Administrative Procedure Act, a Tennessee federal judge found Thurs... (more story)

Terminix Wins Coverage For $8M Pesticide Exposure Award

An excess insurer must cover part of an $8 million judgment entered against Terminix in a pesticide exposure suit, the Ninth Circuit said Tuesday, affirming that the underlying injury arose out of Terminix's p... (more story)

Travelers Can't Exit $6M Construction Defect Coverage Suit

A construction manager's suit seeking coverage for a $6 million construction defect dispute may proceed after a New York federal court found there were fact issues concerning the company's status as an additio... (more story)

Cannabis Depository Can Fight $9.5M Coverage Denial

A New Jersey cannabis dispensary depository can challenge an insurer's bid to deny coverage for a $9.5 million judgment against an armored car cash delivery service for an ex-employee's alleged embezzlement, a... (more story)

States Can't Duck Regeneron Counterclaims In FCA Case

Eleven states pursuing a False Claims Act case against Regeneron Pharmaceuticals over what they say were inflated reimbursements for an eye drug can't block counterclaims by the drugmaker on sovereign immunity... (more story)

6th Circ. Upholds 12-Year Stint For Mich. Doc In 'Pill Mill' Case

The Sixth Circuit affirmed the convictions and 12-year prison sentence of a Michigan doctor accused of operating a cash-only "pill mill" that wrote thousands of opioid prescriptions, holding that the trial jud... (more story)

Meta Loses Coverage For Social Media Addiction Suits

A group of insurers have no duty to defend Meta Platforms Inc. against thousands of lawsuits accusing the social media giant of designing its platforms to be addictive to adolescents, a Delaware state court ru... (more story)

Court OKs Policy Rescission In Hotel Shooting Coverage Suit

An insurer for a Tulsa, Oklahoma, hotel was entitled to rescind its policy after the hotel was sued in connection with the fatal shooting of a guest by a security guard, a New York federal court ruled, saying ... (more story)

Insurer Sued For Denying Life Insurance Claim Over Kratom Use

An Ohio woman sued Lincoln National Life Insurance Co. in federal court Friday, alleging that the insurer wrongly denied her life insurance claim because her late husband used kratom, even though kratom is not... (more story)

Specialty Lines More

Insurer Seeks Win In $6.3M Coverage Row With Pot Tester

James River Insurance Co. is asking a Mississippi federal court to grant it a win in its suit to deny coverage of a $6.3 million default judgment against a cannabis testing company, saying the company breached... (more story)

NC Judge Trims Co.'s $116M Investment Coverage Dispute

A North Carolina state court has trimmed a company's suit claiming that its insurer obstructed its recovery of more than $116 million in coverage for an investment that didn't pay out on time, tossing a breach... (more story)

Insurance Execs' Coverage Bid 'Not Plausible,' Judge Says

Berkley Assurance Co. doesn't owe any coverage duties to insurance executives who were sued over allegations they sabotaged their former company on their way out the door to start a rival firm, a Georgia feder... (more story)

Insurer Dodges Spinoff Coverage Suit From 'Maya' Verdict

A professional liability insurer does not have to defend the law firm that secured a $213 million award for the woman at the center of the documentary "Take Care of Maya" in a dispute over trial consultant fee... (more story)

Insurer Can't Cap Pizza Chain's Cyberattack Payout At $250K

A cyber insurer can't rely on a ransomware endorsement to limit Cicis Pizza's claim for coverage of a cyber extortion event to $250,000, a Texas federal court has ruled, saying the policy's $3 million limits a... (more story)

NC Firm Says Insurers Shirked Coverage For Forgery Loss

A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despi... (more story)

Insurer Owed Defense In Birth Defect Suit, 9th Circ. Says

A commercial general liability insurer had a duty to defend a semiconductor manufacturer against an employee's suit claiming that his exposure to chemicals at work caused birth defects in his son, the Ninth Ci... (more story)

Reel Justice: 'Sentimental Value' And Witness Anxiety

"Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to... (more story)

Mind The Gap: Crafting D&O Straddle Coverage For M&A

A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle cl... (more story)

Kaiser Sues Insurers To Tap $95M D&O Policy For Fraud Deal

Kaiser Foundation Health Plan sued Chubb and other insurers in California federal court Friday seeking to tap $95 million in directors and officers liability coverage for a recently settled whistleblower actio... (more story)