Specialty Lines

  • September 27, 2021

    Insurance Costs And Climate Change: Regulatory Roundup

    California's and Washington's insurance regulators took big steps they argue are designed to help policyholders secure affordable coverage, while several other states said businesses can expect decreases in their workers' compensation insurance rates. Here's a look at what happened in insurance regulation last week.

  • September 27, 2021

    Judge Lets Insurers Off The Hook For BIPA Class Action

    Hanover Insurance Group has no duty to defend a logistics services company in a suit alleging it violated Illinois' Biometric Information Privacy Act, a North Carolina federal judge ruled, saying the policy's information-recording exclusion bars coverage.

  • September 27, 2021

    Insurer's Bid To Dodge Sewer Expansion Row Must Go On

    A water utility's insurer can continue with its lawsuit claiming it need not cover the utility in a web of litigation resulting from a controversial sewer expansion plan, an Indiana federal court said Monday, while also allowing the utility's counterclaims that the insurer conspired against it to go forward.

  • September 27, 2021

    9th Circ. Punts Insurance Tables Of Contents To Mont. Justices

    The Ninth Circuit agreed to certify to the Montana Supreme Court a question of whether insurers can rely on unambiguous exclusions to limit coverage if those provisions aren't noted in a policy's table of contents or other section of notice.

  • September 27, 2021

    Ex-CEO Of NJ Bank Enters Guilty Plea In Fraud Scheme

    The onetime head of the now-defunct First State Bank has pled guilty to one count of conspiring to create sham documents as part of a scheme to deceive regulators and the bank about its financial health, for which he faces a fine and a maximum sentence of five years in prison.

  • September 24, 2021

    Mortgage Co. Demands Coverage Of Wire Fraud Scam

    A mortgage company told a Maryland federal court that First American Title Insurance Co. must cover its losses stemming from a wire fraud scam that occurred during a mortgage refinancing deal insured by First American, saying the insurer's agent was responsible because it fell for the scam.

  • September 24, 2021

    Insurers Exert Control Over Cyber Defense Counsel Choice

    Insurers are increasingly asserting control over the choice of defense counsel in cyber policy litigation — a trend attorneys expect to continue as cyberinsurance lines become more expensive amid a surge of ransomware and cyber claims.

  • September 24, 2021

    Faegre Drinker Facing DQ Bid In Del. Insurance Row

    Specialty insurance distributor Amwins Group is urging a Delaware federal judge to disqualify Faegre Drinker Biddle & Reath LLP from representing carriers it has sued for alleged breach of contract, saying the law firm may have a potential conflict of interest.

  • September 24, 2021

    Hartford Unit Wants 5th Circ. To Rethink Transfer Fraud Fight

    A Hartford unit asked the Fifth Circuit to rethink its finding that an investment firm is entitled to $470,000 from the insurer that it paid to settle threatened claims that one of its officers transferred money to a fraudster posing as a client of the firm. 

  • September 23, 2021

    Chubb Unit Off The Hook For Bank's $14M Scam Loss

    A Chubb insurance unit does not need to cover Banc of California's $14 million loan loss after a woman allegedly scammed the bank by pretending to be the daughter of an heir to aerospace giant McDonnell Douglas Corp, a California federal judge said Thursday.

  • September 23, 2021

    Insurer Drops Suit Against Spa Doc Over Nurse Qualifications

    Hudson Specialty Insurance Co. is dropping its suit against a doctor it had accused of misleading the insurer about verifying his staff's credentials, the company told an Illinois federal court Thursday.

  • September 23, 2021

    No Quick Win For Insurer In Medical Spa Injury Dispute

    A Connecticut federal judge has rejected Admiral Insurance Co.'s request for a quick win in a coverage dispute with a medical spa, saying the insurer failed to establish what constitutes a claim in the policy language.

  • September 23, 2021

    West Virginia Reappoints Former Insurance Commissioner

    West Virginia Gov. Jim Justice reappointed an insurance commissioner who previously held the post for two years starting in 2017, according to a letter issued by the governor's office.

  • September 23, 2021

    Insurers Settle Dispute Over Coverage Of Trade Secrets Suit

    Travelers and an AIG unit agreed to settle a dispute over sharing coverage costs for an underlying trade secrets suit between two health care technology companies, according to a New York federal court order dismissing the suit.

  • September 22, 2021

    Court Says Travelers Can't Trim Tool Co.'s Coverage Suit

    A Texas federal judge declined Wednesday to strike a toolmaker's accusations that Travelers wrongly refused to pay coverage benefits for a suit accusing the toolmaker and one of its directors of transferring more than $40 million to dodge a court judgment.

  • September 22, 2021

    AIG Unit Must Cover Subpoena Costs, Conn. Utility Tells Judge

    A Connecticut utility said a federal judge overlooked evidence when she freed an AIG unit from having to cover two federal subpoenas against it, asking the court to reconsider the recent ruling.

  • September 22, 2021

    Some Film Cos. Hesitant To Litigate Virus Coverage Disputes

    Production shutdowns and delays have led to devastating losses for the film and television industry during the COVID-19 pandemic, but the limited insurance market for entertainment companies has left them with the difficult choice of whether to litigate these disputes or pursue mediation to avoid disrupting relationships with their insurers.

  • September 21, 2021

    Calif. Assemblymember Levine To Run For Top Insurance Spot

    California Assemblymember Marc Levine kicked off his campaign for state insurance commissioner Monday, becoming the first Democrat to officially challenge incumbent Ricardo Lara for the top regulatory spot in the June 2022 primary.

  • September 21, 2021

    5th Circ. Tosses Oil Co.'s Bid For Class Action Coverage

    The Fifth Circuit has freed a Chubb unit from having to cover Martin Resource Management Corp.'s defense costs in two class actions, agreeing with a lower court that underlying litigation didn't trigger the Texas oil company's fiduciary liability coverage.

  • September 21, 2021

    Exxon Can't Tap Excess Policies In $20M Injury Coverage Row

    A Texas appeals court on Tuesday overturned a ruling that allowed ExxonMobil Corp. to recover $20 million from a refinery insurer's umbrella policy to settle claims brought by two injured workers, finding Exxon's agreement with the workers' employer didn't allow it to tap coverage under the policy.

  • September 21, 2021

    Virtu's Access To Insurer's Files Curbed In $11M Hacking Fight

    A New York federal court barred Virtu from seeking documents from a third party that the court has already determined are irrelevant to the financial services provider's claims that Axis Insurance wrongly refused to cover $11 million it lost in a hacking incident.

  • September 21, 2021

    Insurer Wants Out Of Covering Day Care Wrongful Death Suit

    Mount Vernon Fire Insurance Co. told an Illinois federal judge that a day care's failure to abide by a commercial general liability policy's staff-to-child ratio relieves the insurer from providing coverage for a wrongful death suit against the facility over the suffocation of a 3-month-old in August 2019.

  • September 21, 2021

    Mound Cotton Adds Ex-Kiernan Trebach Insurance Partner

    Mound Cotton Wollan & Greengrass LLP expanded its Fort Lauderdale, Florida, office this month with the addition of a litigation partner with a focus on insurance, malpractice defense and health law.

  • September 20, 2021

    Cyberinsurance Market Evolving With Risks, Beazley Pro Says

    Businesses are increasingly turning to cyberinsurance to fend off unpredictable cyberattacks, as insurance companies are trying to stay competitive in the growing market while grappling with the risks of paying multimillion-dollar ransom demands.

  • September 20, 2021

    6th Circ. Says Health Co. Not Covered For Subpoena Probe

    The Sixth Circuit freed Hiscox Insurance Co. from having to cover a behavioral health company's costs to respond to a federal subpoena probing false billing accusations, siding with the lower court that the subpoena was not a covered claim under the company's directors and officers policy.

Expert Analysis

  • 5 Buyers' Counsel Tips For R&W Insurance Underwriting Calls

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    With representations and warranties insurance becoming more popular than ever, buyers' counsel participating in underwriting calls for such insurance should follow certain best practices to secure contracts with minimal exclusions, say Bryan O'Keefe and Gena Usenheimer at Seyfarth.

  • When A Denial Of Recovery-Based Insurance Claim Is Invalid

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    Two recent court decisions show that policyholders should not accept denials of coverage based on the uninsurability of restitution or disgorgement-based losses without a detailed, two-part analysis of the specific state's law and the particular facts of the loss, say Stephen Raptis and Emily Buchanan at Haynes and Boone.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Key Takeaways From The NAIC Summer National Meeting

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    Stephanie Duchene and Kara Baysinger at Willkie highlight what insurance practitioners should know about top industry priorities from the National Association of Insurance Commissioners’ recent national meeting, including climate-related risk, diversity and inclusion, and technological innovation.

  • Considerations In Structuring Private Equity D&O Coverage

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    With the surge in investment activity driven by the ongoing pandemic recovery, private equity firms should carefully consider the scope of protection afforded by their directors and officers and general partnership liability programs, and how that coverage fits into their overall risk mitigation strategy, say Geoffrey Fehling and Syed Ahmad at Hunton and Rachel Beck at CAC Specialty.

  • The Complex State Of Insurance In The Cannabis Business

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    Jan Larson and Philip Sailer at Jenner & Block outline the complex cannabis regulatory schemes perplexing courts faced with insurance coverage cases and discuss legislative solutions that could at least begin to reduce the challenges for both policyholders and insurers.

  • D&O Coverage Considerations Amid Increasing SEC Scrutiny

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    With all signs pointing to heightened U.S. Securities and Exchange Commission oversight and enforcement, policyholders should be asking four questions to ensure their directors and officers insurance provides the protection they expect and to avoid coverage disputes, say Robin Cohen and Orrie Levy at Cohen Ziffer.

  • Policyholder Best Practices As Cyberattacks Escalate

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    As ransomware attacks increasingly target corporate victims, policyholders should enhance cybersecurity and privacy efforts to avoid regulatory hot water and mitigate the effects of rising insurance premiums and coverage restrictions, say Lee Epstein and Krishna Jani at Flaster Greenberg.

  • Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

  • Insurer Considerations For Post-Pandemic Virtual Mediation

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    To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Key Considerations For D&O Policy Related-Claims Clauses

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    A California federal court's decision in Stem v. Scottsdale Insurance — which found that multiple claims were subject to a single policy limit under the related-claims provision in a directors and officers insurance policy — highlights areas of consideration, such as policy language and choice of law, for businesses shopping for D&O policies, say attorneys at Hunton.

  • NY Ruling Should Make Counsel More Cautious In Emails

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    A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.