Specialty Lines
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April 09, 2025
Insurer Settles Suit Blaming Bank Consultant For Data Breach
National Union Fire Insurance Company of Pittsburgh has settled a suit accusing a Washington-based consultant of security lapses after the personal data of over 10,000 bank customers ended up online, according to new filings in Evergreen State court.
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April 09, 2025
Underwriters Owe $2.6M For Damaged Ship Loader, Co. Says
A seller of ship loaders said its underwriters owe it an additional $2.6 million for a piece of equipment that was damaged en route to Canada, telling a Washington federal court that the carriers have breached their obligations under a marine all-risk cargo policy.
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April 09, 2025
Claims Trimmed In Firm's Suit Over Sports Fraud Coverage
A Florida federal court tossed more than half the claims a law firm raised against an AIG unit for allegedly misleading them into representing a sports memorabilia collector in underlying civil and criminal fraud cases without payment, finding claims against the unit either premature, duplicative or insufficiently pled.
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April 09, 2025
Insurer, Flight School Agree Training Suit Isn't Covered
An insurer has no duty to defend or indemnify a flight school accused in an underlying suit of misrepresenting the education and training that students enrolled in a flight program would receive, according to a consent agreement approved by a North Carolina federal court.
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April 08, 2025
4th Circ. Won't Revisit Ambiguous Endorsement Ruling
The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.
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April 07, 2025
Insurers Lose Subrogation Suits Over Blackbaud Data Breach
Several insurers cannot recoup investigation and credit monitoring expenses they covered for their insureds following a 2020 ransomware attack against Blackbaud, a Delaware state court ruled, saying two suits by the carriers failed to allege insured-specific facts in order to adequately plead breach of contract claims against the software company.
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April 07, 2025
Agriculture Insurer Says Agent Error Cost It Fed. Reinsurance
A Texas insurance company has taken aim at its insurance agent, claiming that clerical errors cost the company over $1 million after applications for reinsurance were belatedly submitted to the U.S. Department of Agriculture's Federal Crop Insurance Corp. amid the COVID-19 pandemic.
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April 04, 2025
Insurance Co. Can't Nix Religious Bias Suit Over Vax Mandate
A Rhode Island federal judge declined to toss an insurance company worker's suit claiming he was illegally fired for refusing to get vaccinated against COVID-19 for religious reasons, ruling he showed his faith was sincere enough to keep his claims in court.
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April 03, 2025
DC Climate Insurance Event Highlights Need For Acute Action
A group of leading insurance industry regulatory and policy experts convened in Washington, D.C., on Thursday, expressing a need for greater collaboration and resources in order to quickly scale up eco-friendly insurance products and business practices.
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April 03, 2025
Crypto Boon Boosts Hopes For Improving Insurance Options
Cryptocurrencies and digital assets have experienced a recent boon buoyed by a favorable shift in the regulatory environment, prompting more insurers to engage with what was once widely viewed as a volatile and insecure asset class.
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April 03, 2025
NY Ghost Gun Win Adds To Concerns Of CGL Policy Breadth
A New York federal court's ruling that an AIG unit isn't obligated to defend a Washington state firearms retailer accused of knowingly selling unfinished components that could be used to assemble "ghost guns" underscored policyholder attorneys' concerns that commercial general liability coverage continues to narrow, as insurers tally another win in a dispute over intentional conduct.
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April 03, 2025
$2M Limits Off Table In Construction Defect Row, Insurer Says
An insurer for a waterproofing consultant and architecture firm said its policy's $2 million aggregate limit does not apply to a condo association's underlying construction defect claims, telling a Florida federal court that the claims count as a single occurrence subject to a $1 million limit.
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April 03, 2025
Law Firm Says Insurer Shorted On Defense Of Blackmail Suit
A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with the settled underlying lawsuit she filed.
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April 03, 2025
Insurance Litigation Week In Review
An AIG unit needn't defend a firearms retailer accused of contributing to gun violence by selling "ghost gun" components, another AIG insurer doesn't owe coverage for a tribe's COVID-19-related losses and a class of Progressive policyholders sought final approval of a $43 million vehicle settlement over vehicle valuations. Here, Law360 takes a look at the past week's top insurance news.
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April 03, 2025
CGL Loss Hikes Highlight Underwriting, Tort Reform Efforts
Liability premiums continue to rise as a result of insurers' escalating loss trends, according to insurance broker Lockton's quarterly market update, and as social inflation continues to impact the United States' market, industry experts heed Lockton's concerns over stricter underwriting practices and the debate surrounding tort reform.
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April 03, 2025
Insurance Pros Size Up Major Industry Risks At NYC Forum
The influence of litigation financing, artificial intelligence and climate change on insurance law were among key topics this week as insurance experts discussed the biggest risks in the property and casualty space. Here, Law360 breaks down highlights of remarks by attorneys and industry experts at the Practising Law Institute in New York.
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April 02, 2025
Insurer Says $9M OpenText Merger Settlement Not Covered
An insurer said it is not obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, telling a Michigan federal court that the settlement does not constitute a covered loss.
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April 02, 2025
Potbelly Says Insurer Must Cover Wage Transparency Suit
Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.
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April 02, 2025
Insurer Gets Education Co.'s $2.2M Theft Coverage Bid Tossed
A Maryland federal court tossed an education management company's suit seeking excess coverage for over $2.2 million in employee embezzlement losses, saying the company failed to show its loss occurred during the relevant policy period.
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April 01, 2025
Insurer Can't Escape Aerospace Co.'s $3.3M Claim Denial Suit
An insurer for an aerospace products manufacturer can't escape claims that it wrongfully denied coverage of an approximately $3.3 million loss from fund mismanagement after years of delay, an Oregon federal court ruled.
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April 01, 2025
Hartford Unit Freed From Ill. Agency's $4M Wire Fraud Suit
An Illinois agency that administers the estates of financially distressed insurers can't get coverage from a Hartford unit for a computer system breach that the agency said caused roughly $4 million in outstanding losses, a federal court ruled, finding its claims fall outside an "electronic mail initiated fraud" coverage provision.
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April 01, 2025
Chamber, Trade Groups Back Insurer's Class Cert. Review Bid
The U.S. Chamber of Commerce and major insurance industry groups urged the U.S. Supreme Court to undo a Ninth Circuit decision allowing a class action to proceed against State Farm over its use of "negotiation adjustments" to calculate payouts for totaled vehicles.
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April 01, 2025
Homeowners Premiums Rose 24% In 3 Years, Report Says
Average homeowners insurance premiums in the United States rose by 24% from 2021 to 2024, a national crisis that is putting pressure on Americans with mortgage burdens, according to a report issued Tuesday by the Consumer Federation of America.
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
Insurer Can Limit Rates But Not Counsel In Utility Litigation
A Swiss Re unit can limit the rates it pays to defend utility company Aqua's successor entity in litigation over alleged lead contamination in a Chicago suburb's water supply, a Pennsylvania federal judge has ruled, adding that the insurer cannot make Aqua change its counsel.
Expert Analysis
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Insurance Likely Kept Swift Out Of The Woods After Vienna
Financial losses Taylor Swift incurred from the cancellation of three concerts in Vienna in August will likely be covered by insurance policies, considering how the facts of the situation differ from those of the Foo Fighters' 2015 insurance dispute over event cancellation and terrorism coverage, say attorneys at Anderson Kill.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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What To Know About Insurance Coverage For Antitrust Risks
With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.