Specialty Lines
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March 11, 2025
Ex-Marvel Exec Asks Fla. Court To Revive Punitives Claim
Former Marvel Entertainment Chair Ike Perlmutter has asked the Florida Supreme Court to revive his punitive damages claim against his neighbor in a dispute over a hate mail campaign, arguing that the appellate decision blocking his claim breaks from decades of jurisprudence on punitive damages in Florida.
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March 11, 2025
Yacht Owner Seeks $1M From Marsh After Losing Coverage
A yacht owner asked a Florida federal court to find its insurance broker owed over $1 million for negligence for failing to provide or explain its policy, after it was denied coverage for a total loss grounding because the boat's fire suppression equipment wasn't inspected as required.
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March 10, 2025
Viacom And NAI Can Continue Shareholder Coverage Dispute
A Delaware Superior Court judge ruled in companion cases that Shari Redstone, National Amusements Inc. and Viacom Inc. can still seek coverage for millions after underlying shareholder litigation in the wake of Viacom's 2019 CBS merger, determining prior actions were unrelated to the underlying disputes at hand.
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March 10, 2025
4th Circ. Reverses $10M Coverage Cap For Aluminum Co.
The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.
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March 06, 2025
Federal Insurance Monitor In Crosshairs Amid Executive Cuts
Republicans on the state and federal level are targeting the U.S. Department of the Treasury's insurance monitor amid President Donald Trump's effort to drastically reduce the size of the federal workforce across many departments, putting the future of the monitor and its work in doubt.
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March 06, 2025
Fla. Report Draws Serious Accusations Of Insurer Misconduct
A Florida analysis showing that carriers in the state were reporting millions in income losses while affiliated companies were earning billions is helping to reveal a long-standing pattern of insurer misconduct, according to consumer advocates.
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March 06, 2025
Experts Stress FAIR Tweaks After NM Proposes Fire Insurance
The announcement of a study looking into the creation of a state-sponsored fire insurance program in New Mexico outlined steps the state is taking toward enhancing its insurance market while underscoring the need for changes to the state's Fair Access to Insurance Requirements Plan and mitigation practices, experts say.
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March 06, 2025
Pricey Privacy Suits Prompt Insurers To Assess Coverage
The Sixth Circuit's ruling earlier this year that an electronic data exclusion in Home Depot's insurance policies barred coverage for a $50 million claim stemming from a 2014 data breach is the latest example of the potential cost of privacy litigation to policyholders — even those who believe they have ample coverage.
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March 06, 2025
Cobalt Miner Gets OK For Debt-For-Equity Swap Ch. 11 Plan
A Texas bankruptcy judge Thursday approved the reorganization plan of Australia-based cobalt mining and refining group Jervois Mining Ltd., overruling a shareholder objection about the case's speed and U.S. ties.
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March 06, 2025
Insurers Seek Toss Of Meta's Social Media MDL Coverage Suit
A group of insurers urged a California federal court to either toss or stay Meta's suit seeking to pause all coverage litigation regarding underlying claims that the company deliberately designed its platforms to be addictive to adolescents, saying the first-to-file rule applies to the carriers' Delaware state court suit.
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March 06, 2025
Reddy Ice Must Cover Walmart's Slip-And-Fall Settlement
Bagged ice seller Reddy Ice Corp. must indemnify Walmart Inc. for the retailer's settlement of a woman's slip-and-fall lawsuit, an Arkansas federal court ruled Thursday, noting it is "undisputed" that the woman fell because of water originating from a faulty freezer display owned by Reddy Ice.
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March 06, 2025
Mich. Supreme Court Preview: Sex Offender Tracking, Rentals
The Michigan Supreme Court is gearing up to hear arguments next week on the constitutionality of making sex offenders wear location-tracking devices for life, whether short-term vacation rentals fit into the definition of residential use of a property and whether political parties have standing to sue when a community's election workers are overwhelmingly from the same political party.
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March 06, 2025
Insurance Litigation Week In Review
Colorado's last-resort property insurer partnered with an artificial intelligence company, a Hawaii federal court admonished insurers for not complying with an arbitration order, a New York federal judge found reasonable contract interpretations on both sides of an insurance dispute and a Delaware judge sent a coverage battle to trial. Here, Law360 takes a look at this week's top insurance news.
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March 06, 2025
Fla. Coverage Bill Could Add Pressure To Struggling Condos
A Florida bill that would require condominium associations to comply with building safety laws or risk their last-resort insurance option is well-intentioned, but could result in a slew of negative consequences for condo owners, insurance experts say.
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March 06, 2025
Pigment Co. Not Covered For Asbestos Suits, Court Told
A Liberty Mutual unit doesn't owe coverage to a cosmetic pigment manufacturer in underlying suits alleging injury from exposure to asbestos-containing materials, it told a New York federal court, saying certain claims fall outside the scope of coverage because they're not based on the company's work.
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March 05, 2025
Goldberg Segalla Brings On Insurance Pro From Connell Foley
Goldberg Segalla grew its New Jersey presence this week with a former of counsel at Connell Foley LLP specializing in insurance litigation and bringing in-house experience from Cure Auto Insurance.
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March 04, 2025
Insurer Says Claims Of Illegally Tracked Info Erase Coverage
An insurer for a fertility treatment provider told an Illinois federal court that an exclusion on the disclosure of personal information precludes commercial general liability coverage for a lawsuit accusing the provider of unlawfully installing tracking technologies to collect website users' private information.
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March 03, 2025
Insurer Seeks Exit After Doctor Rejects Mistaken Surgery Deal
An insurer for a doctor accused of performing the wrong surgery should no longer have a duty to indemnify him after his refusal to ink a settlement, the carrier told a California federal court, noting the doctor's underlying counsel already obtained settlement authority from the insurer.
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February 27, 2025
Calif. State Farm Meeting Raises Solvency Concerns
State Farm's emergency request for a 22% premium increase in California has raised questions about the insurer's financial health, but a prominent consumer group says the carrier hasn't justified that request and several others that would raise premium costs.
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February 27, 2025
4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO
Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights.
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February 27, 2025
Facility Says Insurer Flip-Flopped On Wrongful Death Defense
The operator of a skilled nursing facility in Los Angeles told a California federal court that its insurer wrongfully flip-flopped on defending it against a wrongful death suit, telling the court that despite $1 million in coverage, the insurer twice assigned and withdrew defense counsel.
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February 27, 2025
Insurer's Bid To Dodge $1.4M Bank Scam Suit Premature
An insurer cannot yet escape an attorney's demand for coverage in an alleged scheme to steal $1.4 million from a New Jersey development company, a Connecticut federal judge ruled, saying the carrier didn't follow court procedures before it moved to end the case.
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February 27, 2025
Q&A: Minnesota Law Prof On Hard-To-Read Insurance Policies
How hard is it to understand a homeowners insurance policy? For many, reading a policy will often raise more confusion about what's covered than if they hadn't read a policy at all, according to a new paper from experts in insurance and consumer law. Here, Law360 discusses the subject with Daniel Schwarcz, a University of Minnesota Law School professor who has built a career in studying the transparency of insurance markets.
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February 27, 2025
Insurance Litigation Week In Review
New York's insurance regulator imposed over $20 million in fines against auto insurers, the Eighth Circuit found that a Missouri law barred an insurer's $60 million asbestos coverage suit and the Tenth Circuit affirmed that AIG doesn't owe coverage to a Colorado ski resort's homeowners association.
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February 25, 2025
Fla. Bill Targets Last-Resort Coverage For Unsafe Condos
A bill introduced ahead of Florida's 2025 legislative session looks to bar the state's Citizens Property Insurance Corp. from providing or renewing coverage policies for condominiums that fall short of inspection requirements.
Expert Analysis
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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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.