Specialty Lines

  • January 27, 2022

    State Farm Says No Coverage Due For Excavator Accident

    State Farm has told a Missouri federal judge it has no duty to defend a telecom company accused of hitting a woman's car during excavation work, arguing that the company's excavator is not a covered car under its policy.

  • January 27, 2022

    Climate Change Swells Crop Insurance Payouts, Report Says

    Crop insurance payouts for drought and excess precipitation have increased dramatically since 1995, according to an analysis released Thursday of U.S. Agriculture Department data from the Environmental Working Group, which is advocating for climate change-related reforms in Congress' next farm bill.

  • January 27, 2022

    Travelers Can't Duck Heparin Suit Coverage Bid, Court Told

    Private equity firm ACAS LLC told a Maryland federal court Thursday that Travelers cannot rely on a previous settlement to escape coverage for a lawsuit connected to a tainted batch of the blood thinner heparin because the disputed claims accrued only after that settlement.

  • January 27, 2022

    2 Title Insurance Suits To Proceed After Judge Denies Stays

    Two suits over whether a group of title insurers wrongly denied mortgage holders coverage in property ownership disputes can proceed, a Nevada federal judge ruled, saying an awaited Ninth Circuit ruling didn't give useful guidance in the two cases.

  • January 27, 2022

    Calif. Talent Agency Denied Coverage Of Agent Poaching Suit

    Markel American Insurance has no duty to defend or indemnify United Talent Agency in a lawsuit alleging it unlawfully poached agents and clients from a competitor, a California federal judge ruled, saying no coverage existed under the insurance policy.

  • January 26, 2022

    Insurer Must Turn Over Underwriting Manuals In Fla. Case

    A Florida-based insurance company must turn over some of its underwriting manuals in a property damage suit, a state appeals court ruled Wednesday, saying it had no reason to believe the documents weren't relevant to the dispute.

  • January 26, 2022

    Chubb Must Help Defend Bankrupt Co.'s Board, Insurer Says

    A Nationwide unit told an Arizona federal court a Chubb unit must contribute to defending a medical company's board and other officers in an underlying lawsuit alleging they caused the company's bankruptcy, saying Chubb cannot claim its policy is excess to the Nationwide policy.

  • January 26, 2022

    9th Circ. Revives Suit Seeking Crime Insurance Coverage

    The Ninth Circuit on Wednesday resurrected a Long Beach, California, property management company's fight over crime insurance coverage, finding that a lower court incorrectly ruled that a bamboozled employee who wired money to a fraudster, not the fraudulent email itself, caused its $200,000 loss. 

  • January 26, 2022

    Insurer Must Cover Chiropractor In Suit Alleging Fake Notes

    The insurer for a chiropractic practice accused of writing fake excuse notes is obliged to indemnify it for claims that it was careless in examining patients seeking the notes because such behavior does not fall within exclusions for fraud, a Minnesota federal court said.

  • January 26, 2022

    Gun Rights Group Says San Jose Insurance Edict Is Unlawful

    The National Association for Gun Rights has sued the city of San Jose, California, in federal court, arguing that a newly passed ordinance requiring gun owners to purchase insurance and pay an annual "gun harm reduction fee" violates their constitutional rights.

  • January 26, 2022

    Insurer Says Dairy Isn't Covered In Biometric Privacy Suit

    A Nationwide unit said it has no duty to defend or indemnify Oberweis Dairy in a proposed class action claiming the company violated employees' biometric data rights, saying coverage does not exist under its commercial general liability policy, according to a complaint in Illinois state court.

  • January 25, 2022

    NY Senate OKs Ex-Obama Adviser To Be Top Financial Cop

    Adrienne Harris was confirmed Tuesday to serve as permanent head of New York's banking and insurance regulatory agency, easily overcoming opposition that her nomination had received from progressive groups over her past fintech industry ties.

  • January 25, 2022

    How Vaccine Mandates Impact Employment Insurance Policies

    The U.S. Supreme Court recently blocked the Biden administration's vaccine mandates for large employers, but mandates by local governments and companies themselves could still lead to increased exposure for employers' employment practices liability insurance carriers, experts say.

  • January 25, 2022

    Bar On Its Own In Patron's Assault Lawsuit, Insurer Says

    An Illinois bar's insurer told a federal court it does not need to cover the bar in an underlying lawsuit by a patron claiming its negligence led to his assault by another patron, arguing that the bar's liquor liability policy precludes coverage for assault and battery.

  • January 25, 2022

    Security Deposit Insurer To Issue Refunds, Md. AG Says

    A security deposit insurance company will issue refunds to Maryland tenants as part of a settlement to resolve accusations that it violated state law by not returning deposits at the end of leases, the state's attorney general announced Monday.

  • January 25, 2022

    Insurer Says No More Coverage Available For W.Va. Hospital

    RSUI Indemnity Co. told a West Virginia federal judge Monday that it has no obligation to indemnify the owner of a Mountain State hospital on remaining claims in an underlying class action, arguing that a $23.1 million settlement released the hospital from further losses.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Coverage Claim Not Time-Barred, Insurer Tells 2nd Circ.

    A sports insurer told the Second Circuit its claim that its insurer breached its contract by denying it coverage for embezzlement losses should not be time-barred because the contract's time limit was unreasonable.

  • January 24, 2022

    Elevator Co. Wants Hospital's Policies To Cover It In Injury Suit

    An elevator company that serviced a hospital's elevators asked a Pennsylvania federal court Monday to find it should be covered by the hospital's insurance policies in an underlying case against it by a worker injured by one of the hospital's elevators.

  • January 24, 2022

    Texas Gas Co. Can Proceed With Coverage Suit Over Spill

    A Travelers unit lost its bid Monday to toss a Texas oil and gas company's suit over denied coverage of a saltwater spill that occurred at one of its well sites.

  • January 24, 2022

    USC Must Face Insurer's Bid To Rescind Excess Policy

    Ironshore Specialty Insurance Co.'s bid to rescind its excess policy with the University of Southern California over sex abuse allegations against one of its former gynecologists can survive for now, a California federal judge ruled.

  • January 24, 2022

    COVID Fuels Top Firms' Priorities In 2022

    As firms set their goals for 2022, it seems that the COVID-19 pandemic is once again embedded in where the legal industry is going next. Here are three key priorities for firms as they move into yet another year shaped by COVID-19.

  • January 24, 2022

    The Leaderboard: Tracking A Firm's Litigation Footprint

    Follow a firm’s litigation footprint in federal district courts across the country with our interactive chart.

  • January 21, 2022

    Ex-Surfside Building Official Can't Duck Deposition

    The Florida judge overseeing the litigation over the collapse of Surfside's Champlain Towers South condominium building denied a request Friday by the town's former building inspector for a protective order, requiring him to show up for a deposition requested by victims of the collapse.

  • January 21, 2022

    Justices Decline Review Of Calif. Fraud Coverage Ruling

    The U.S. Supreme Court won't consider the constitutionality of a California law that allowed a Starr Indemnity unit to back out of a suit against a retail chain accused of violating the Golden State's unfair competition and false advertising laws and seek recoupment of its defense costs.

Expert Analysis

  • What Cos. Should Know About D&O Policy Landscape In 2022

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    Directors and officers liability insurance issues are likely to evolve this year against the backdrop of a new COVID-19 variant, rising inflation and other developments, particularly with regard to antitrust-related enforcement, special purpose acquisition companies, pandemic-related liability and cybersecurity, says Christina Lincoln at Robins Kaplan.

  • Securing Coverage For Investors' Political Risk Claims In 2022

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    While recent world events highlight the need for foreign investors to protect themselves from losses related to political instability, businesses should be aware of the ways political risk insurers may seek to deny or delay payment of claims, say attorneys at McGuireWoods.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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    While an Ohio appellate court's recent decision allowing the insured's ransomware attack claim to proceed in EMOI Services v. Owners Insurance may seem significant for insurance jurisprudence, it should not have implications beyond policies specifically insuring damage to software, says Jane Warring at Zelle.

  • D&O Insurance Lessons From The Rise And Fall Of Theranos

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    After the fall of Theranos and the recent criminal conviction of founder Elizabeth Holmes, startups seeking to protect their directors and officers from exposure to personal liability should consider how eye-popping company valuations and other changes to the startup landscape will affect their D&O policies, say Lilit Asadourian and Kathryn Bayes at Reed Smith.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Beyond Insurance: Mitigating Cyber Risk In 2022

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    As insurers move to higher premiums and less coverage for cyberattacks, companies should consider restructuring their risk mitigation strategies for the upcoming year to lessen their reliance on insurance support for data security issues, say professionals at StoneTurn.

  • Justices May Hesitate To Review Calif. Fraud Coverage Case

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    In Adir International v. Starr Indemnity, the policyholders are asking the U.S. Supreme Court to review their challenge of a California law prohibiting insurers from defending insureds in certain consumer protection claims, but the court may not be ready to decide the issue at this time, says Greg Mann at Rivkin Radler.

  • NY Case Shows Insurance Possibility For SEC Disgorgements

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    Directors and officers insurers almost invariably deny coverage for payments described as disgorgements in settlement agreements with the U.S. Securities and Exchange Commission, but the recent decision of New York's highest court in J.P. Morgan v. Vigilant demonstrates how policyholders can negotiate an insurable settlement with the SEC, say Stephen Weisbrod and Tamra Ferguson at Weisbrod Matteis.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

  • M&A Rulings Provide Guidance On 'Bump-Up' Claim Coverage

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    As M&A activity continues to surge, several recent federal court decisions can guide companies in structuring their insurance programs and assessing whether so-called bump-up claims arising from particular M&A transactions may be covered, say Robin Cohen and Orrie Levy at Cohen Ziffer.

  • BIPA Ruling Should Aid Insurers In Privacy Claims

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    Massachusetts Bay Insurance v. Impact Fulfillment Services, a recent decision by a North Carolina federal court finding that a Biometric Information Privacy Act claim was precluded under an insurance exclusion, represents a potentially significant win for insurers due to its broadly applicable contract interpretation, say Joshua Polster and Conor Mercadante at Simpson Thacher.