Specialty Lines
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November 28, 2023
Late Notice Does Not Excuse Coverage Denial, Court Told
An insurer for a property appraiser was wrong to deny defense coverage for an underlying licensure action, stemming from a consumer complaint, for untimeliness when a late notification did not prejudice the insurer in any way, the appraiser told an Indiana federal court.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Pharma Co., Insurer Settle Fight Over Market Fraud Suits
A pharmaceutical company and its insurer have settled a dispute over coverage of several suits brought against the company by stockholders following a subpoena and investigation by the U.S. Securities and Exchange Commission.
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November 27, 2023
Insurer Seeks $17.4M For Failed La. Dredging Projects
An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.
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November 27, 2023
Brine Co. Says Pollution Suit Coverage Denial Is 'Egregious'
A brine supplier asked a Louisiana federal court to determine that its insurer does owe defense and indemnity coverage for an underlying suit alleging the supplier leaked toxic chemicals from a salt mine onto nearby property, calling the insurer's position against covering the action "egregious."
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November 27, 2023
Hanover Drops BIPA Coverage Spat With Plastics Co.
The Hanover Insurance Co. on Monday voluntarily dropped its Arkansas federal court lawsuit seeking to escape paying for a plastics company's defense and indemnity in a biometric data collection class action, claiming its insured is no longer seeking coverage.
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November 27, 2023
Investment Co. Can't Send Coverage Suit Back To State Court
A Connecticut federal court refused to send an investment firm's suit seeking coverage for an employment discrimination action back to state court, finding that the firm's insurer satisfied the requirements for removal.
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November 27, 2023
Bankruptcy Court OKs Camden Diocese $4.6M Insurance Loan
A New Jersey bankruptcy court on Monday gave its blessing to a $4.6 million financing agreement that will allow the Roman Catholic Diocese of Camden, New Jersey, to renew insurance policies as it continues its Chapter 11 bankruptcy.
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November 27, 2023
Insurer Must Unveil Secret Settlement Terms, Court Told
A construction company told a Utah federal court that an insurer must reveal details of a confidential settlement with the company's former CFO in order to determine if the settlement should be used to offset a $7 million judgment, saying the insurer has provided no meaningful information.
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November 27, 2023
Insurer Seeks Quick Win In Real Estate Atty's Hacking Claim
Arguing that a broad exclusion expressly prevents a payout, the National Liability & Fire Insurance Co. has told a Connecticut state court judge that it should win a feud over whether a professional liability policy protects an attorney allegedly tricked into wiring real estate closing payments to a hacker.
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November 22, 2023
What Insurance Pros Are Grateful For This Thanksgiving
Insurance professionals are thankful this holiday season for the U.S. Supreme Court's interest in insurance issues, a Hawaii Supreme Court ruling on recoveries for defense costs, and the opportunity to make career changes. Here, Law360 looks at what insurance attorneys are grateful for this Thanksgiving.
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November 22, 2023
Target Settles Trademark Damages Suit With Insurer
Target has settled its lawsuit against its insurer over coverage of a trademark infringement suit with fashion company Universal Standard Inc., a Minnesota federal court was notified.
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November 22, 2023
Judge Recommends Axing Suit Over Texas Firm's Solicitation
Troubled Houston law firm McClenny Moseley & Associates PLLC won a preliminary victory on Wednesday as a federal magistrate judge recommended dismissing a putative class action over its allegedly illegal efforts to solicit clients in hurricane-related property damage cases.
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November 22, 2023
La. School Says Insurers Permitted To Recover Fire Costs
A Louisiana high school told a federal judge its insurers can pursue recovery of $2.8 million in property damages from a fire the insurers said was caused by a flooring company's failure to properly discard chemical-stained towels, disputing the company's argument that the insurers improperly filed suit.
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November 22, 2023
Reinsurer Again Seeks To Exit Metal Co.'s Cleanup Cost Suit
An AIG unit's reinsurer urged a Kentucky federal court to toss all claims by an alloy producer over coverage for cleanup costs incurred at a site near the Tennessee River, arguing it only has liabilities to the AIG unit, which "remains ultimately responsible for all obligations under the policy."
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November 22, 2023
Judge Grants Class Cert. In Travel Refund Coverage Row
A California federal judge granted a travel insurance policyholder's bid for class certification in a suit against a pair of insurers over unreturned premiums for canceled trips.
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November 21, 2023
Aviation Repair Co. Seeks Coverage For Totaled $950K Plane
An airplane repair company asked its insurer to pay for a $950,000 plane that it says was accidentally destroyed during the functional testing of a fuel tank fix, in a case removed from Florida state court to federal court Tuesday.
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November 21, 2023
Firm's Primary Insurer Must Repay Excess Costs, Carrier Says
A law firm's primary policy was not exhausted by payments its insurer made to mitigate its extracontractual liability in a legal malpractice suit, the firm's excess carrier told a California federal court, saying it is owed reimbursement for all amounts paid related to the underlying action.
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November 21, 2023
Insurer Seeks Over $365K In Neb. Construction Bonds Default
An insurer who issued bonds for a dredging company responsible for a delayed Omaha marina project told a Nebraska federal court that the company's assets should be seized as collateral to reimburse over $365,000 in costs for project failures.
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November 21, 2023
Insurance Exec Agrees To Fines In Multibillion-Dollar RICO
A North Carolina insurance mogul's former chief investment officer agreed to pay $75,000 in damages to insurers in a federal racketeering lawsuit concerning his role in a multibillion-dollar insurance scheme.
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November 21, 2023
UK Reinsurance Brokers Settle DOJ Ecuadorian Bribery Probe
Two British reinsurance brokers have admitted taking part in a scheme to bribe corrupt Ecuadorian government officials and secure multimillion-dollar contracts, the U.S. Justice Department said.
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November 20, 2023
Insurers Say 8th Amended NJ Diocese Ch. 11 Plan Still Flawed
Insurers for the bankrupt Roman Catholic Diocese of Camden asked a New Jersey bankruptcy judge Monday to reject the latest in a succession of proposed Chapter 11 plans, saying it didn't remedy the flaws in previous attempts, even as the debtor said the objections were just a litigation tactic.
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November 20, 2023
Insurer, Chicago Restaurant Chain Drop BIPA Coverage Row
An insurer and the owner of a Chicago restaurant chain notified an Illinois federal court Monday that their coverage dispute over an underlying state court class action accusing the chain of violating the state's Biometric Information Privacy Act should be dismissed, citing a settlement reached in the underlying lawsuit.
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November 20, 2023
Crum & Forster Can't Escape Ransomware Coverage Suit
Crum & Forster's attempt to escape a Seattle logistics company's suit seeking $1 million in coverage for a ransomware attack was denied by a Washington state judge, who found there were disputed issues of material fact.

Insurer Needn't Cover $100M Lab Theft Row, Ill. Judge Rules
An insurer has no obligation to cover an underlying suit against the sole proprietor of a medical lab accused of committing fraud and stealing $100 million from the company, after an Illinois federal judge ruled Monday that there was no duty to defend.

Policyholders Grateful For Cyber Wins, Maturing Market
Cyberinsurance policyholders are thankful this year for a number of favorable rulings that offered crucial clarity on coverage and a maturing market that is increasingly driving enhanced protections to better match client needs.

NY Firm's Intervention In Ozy Coverage Fight Gets Upheld
A California federal court refused to reconsider its decision allowing a New York law firm to intervene in a coverage suit against Ozy Media Inc. and its CEO, holding that the firm is entitled to recover unpaid legal fees from the CEO under a charging lien.
Expert Analysis
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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How Shareholder Activists Are Targeting Insurers
As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.
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Unlocking Value In Carve-Out M&A Transactions
Some of the largest mergers and acquisitions in 2023 were carve-out transactions, and despite their unique intricacies and challenges, these transactions offer both buyers and sellers the opportunity to generate outsized returns in an otherwise vigorously competitive landscape, when carefully planned and diligently executed, say Kevin Crews and Rami Totari at Kirkland.
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Tips For Negotiating Strong D&O Insurance Protection
Excerpt from Practical Guidance
D&O insurance is often the last line of defense for the personal assets of a director or officer, so taking the time to negotiate improvements to their D&O policies and ensuring that the coverage is appropriate for the insureds' risk profile can greatly improve the chances that their policies will protect them when they need coverage the most, says Thomas Bentz at Holland & Knight.
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Insurers Should Prepare For 'Black Swan' Climate Disasters
As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.
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3 Quirks Of New Jersey Insurance Coverage Law
There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.
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How Del. 'Arising Out Of' Ruling May Affect Insurance Cases
The Delaware Supreme Court decision in Ace American Insurance v. Guaranteed Rate focused on a professional services exclusion, but the ruling has wide-ranging application in insurance coverage disputes involving any exclusions that employ "arising out of" or similar prefatory language, say Keith McKenna and Maria Brinkmann at Cohen Ziffer.
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Assessing D&O Coverage Amid Challenges To DEI Policies
As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.
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Potential Relief For Nevada Insureds Is On The Horizon
A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.
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How Reps And Warranties Insurance Can Aid Sellers In M&A
Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.
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1st Circ. Harvard Ruling Provides Primer On Policy Provisions
In its recent finding of no coverage for Harvard due to the school's failure to give Zurich American Insurance timely notice of its claim, the First Circuit provides a good analysis of the distinctions between occurrence and claims-made policies, including the rationale for differences in notice provisions, says Andrew Paliotta at Cozen O'Connor.
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Nev. Insurance Law May Mean Turmoil In Liability Market
Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.
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SEC's New Rules Likely Will Affect Cyber, D&O Insurance
The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.