Specialty Lines

  • January 06, 2025

    Insurance Execs Seek Defense Costs For Self-Dealing Suit

    Insurance company executives who were fired amid accusations they stole assets from their company to start a competing venture demanded coverage for the dispute from their new business's insurer in Georgia Federal Court.

  • January 03, 2025

    Del. Court Rules Against Insurers In Harman 'Bump-Up' Case

    In a closely watched ruling on director and officer insurer denials of mergers and acquisitions cost "bump-up" payouts, a Delaware judge sided on Friday with Harman International Industries' claims that insurance providers unjustifiably denied coverage for a $28 million settlement of challenges to Harman's 2017 merger with Samsung Electronics America Inc.

  • January 02, 2025

    D&O, Cyber Issues Top Specialty Line Cases To Watch In 2025

    2025 promises to usher in significant developments in ongoing litigation fights over crucial specialty line insurance issues, including directors and officers and cyber risk policies. Here, Law360 speaks to experts for carriers and policyholders on the top cases to watch in the new year.

  • January 02, 2025

    Year In Review: AI Tops Insurance Issues Amid Mass Adoption

    2024 marked the year when generative artificial intelligence systems moved past their headline-grabbing debut to widespread adoption across industries, providing opportunities and challenges to policyholders and their insurers looking to navigate risks associated with the technology's use. Here, Law360 speaks to experts in insurance and technology law to explain how AI adoption and risks developed over the past year and what insurers and their insureds should focus on in the new year.

  • January 02, 2025

    Top Specialty Lines Insurance Cases of 2024

    The past year featured litigation over bump-up exclusions and the rights of excess insurers, a court split over clauses that limit policyholders' ability to seek coverage, and another appeal by Towers Watson over coverage for its failed merger with Willis. Here, Law360 takes a look at the top five cases involving specialty lines insurance policies in 2024.

  • December 23, 2024

    Ethics Disclosure Fail Sinks Firm's Coverage, NJ Panel Says

    A law firm that failed to reveal an attorney's ethics case when applying for malpractice insurance coverage effectively secured the policy using misrepresentations, the New Jersey state appeals court ruled, declining to revive the firm's suit over the rescission of its policy.

  • December 20, 2024

    Insurer Gets Out Of Ga. Sperm Bank's Bad Seed Claims

    A Georgia federal judge said Allied World Surplus Lines Insurance Co. has no duty to defend a sperm bank that has been sued in Canada and the United States for allegedly selling semen from a donor with genetic abnormalities.

  • December 19, 2024

    State And Federal Insurance Regulations To Watch For In 2025

    The insurance market will likely face regulatory challenges and opportunities in 2025 as regulators on the state and federal level gear up to reverse major trends and tackle emerging developments. Here, Law360 looks at a few key pieces of regulation and regulatory areas that will be closely watched by the insurance industry.

  • December 19, 2024

    Policyholders See Notable But Limited Win In NC Virus Suit

    North Carolina's top court handed policyholders a rare victory last week in finding that the "direct physical loss" requirement for "all-risk" insurance can cover losses connected to the coronavirus pandemic, but experts say the ruling's late-in-game arrival will limit its impact.

  • December 19, 2024

    Overlooked Evidence In Katrina Suit Highlights Insurers' Risks

    The Mississippi Supreme Court's ruling affirming a $10 million Hurricane Katrina damages award against USAA emphasized the risk a carrier runs when ignoring evidence while investigating a claim, while an additional $4.5 million awarded in attorney fees by the court raised eyebrows, insurance experts told Law360.

  • December 19, 2024

    Insurer Win In Lead Abatement Row A Blow To Policyholders

    The Ohio Supreme Court's ruling that insurers for Sherwin-Williams Co. needn't cover the paint-maker's portion of a $305 million settlement to abate lead paint in California marked another win for carriers in public nuisance litigation, as policyholder experts remain unconvinced by the court's evaluation of "damages" in commercial general liability policies.

  • December 19, 2024

    Insurance Litigation Week In Review

    The North Carolina Supreme Court handed policyholders a rare win in a COVID-19 coverage suit, the Eleventh Circuit revived a citrus grower's bid for damages and a North Carolina state appeals court threw out a nearly $29 million judgment against an insurance company. Here, Law360 takes a look at the past week's top insurance news.

  • December 19, 2024

    The 5 Strangest Insurance Cases Of The Year

    Insurance protects policyholders from the unforeseen, but some circumstances are so strange that even insurers couldn't have predicted them. While 2022 was wild and 2023 was weird, 2024 saw cases involving bear costumes, cannibalism, vulture infestation, a severe bug problem and a former Allstate employee with animation skills and an alleged vendetta. Here, Law360 looks back on the strangest insurance cases of 2024.

  • December 17, 2024

    Insurer Can't Duck Coverage Of Fire Suit, Texas Jury Finds

    A Texas federal jury rejected an insurer's bid to escape covering a trucking company in an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, finding that the incident was not caused by the excluded act of hydrofracking.

  • December 16, 2024

    11th Circ. Says Citrus Grower's Coverage Row Was Ripe

    A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.

  • December 13, 2024

    Retirees Say Lumber Co.'s $1.5B Pension Transfer Upped Risk

    A wood product manufacturer violated federal benefits law when it transferred $1.5 billion of pension obligations to a private equity-backed insurance company, substantially increasing the risk that retirees will see their benefits slashed, according to a proposed class action filed in federal court.

  • December 13, 2024

    NC Justices Topple Insurer Victory In COVID Coverage Battle

    The North Carolina Supreme Court handed policyholders a rare win Friday in their bid to get property insurance coverage for their pandemic-related business interruption losses, unanimously finding that the insuring phrase "direct physical loss" included the loss of use of property due to COVID-19 public health orders.

  • December 12, 2024

    BIPA Ruling Split Muddies Policyholders' Hopes For Relief

    Two opposing district court decisions on the application of a law limiting damages under an Illinois biometric privacy law marked a setback for policyholders searching for relief from an avalanche of litigation that has posed a challenge to coverage.

  • December 12, 2024

    Call To Scrap Insurance Monitor Raises Issue Of Federal Role

    A recent call from North Carolina's insurance chief to eliminate the U.S. Department of the Treasury's insurance monitor could portend trouble for the office and federal initiatives to better understand climate risks to consumers, but experts say the monitor is already limited in power.

  • December 12, 2024

    USAA Inks $3.25M Data Breach Deal With 22K Customers

    More than 22,000 USAA customers have asked a New York federal judge to grant preliminary approval to a $3.2 million settlement to resolve a proposed class action alleging the company's security failures in its online insurance quote system allowed cybercriminals to open fraudulent memberships.

  • December 12, 2024

    Recent M&A Surge Signals Boon In Reps & Warranties Market

    An expected surge in mergers and acquisitions under President-elect Donald Trump's business-friendly agenda points to a positive outlook for an evolving representations and warranties insurance market, experts say, bringing welcome growth following a recent slump in M&A activity.

  • December 11, 2024

    Pillsbury Atty Talks Terrorism Liability Safeguards For CRE

    Owners of commercial real estate properties such as office towers and concert venues can limit their liability in the event of a terrorist attack by bolstering their legal defenses through the federal Safety Act, a Pillsbury Winthrop Shaw Pittman LLP public policy partner told Law360 Real Estate Authority.

  • December 10, 2024

    9th Circ Reverses Cert. In Widow's Allianz Life Insurance Suit

    A unanimous Ninth Circuit panel on Tuesday reversed a lower court decision granting class certification in a case claiming that Allianz LIfe Insurance didn't follow statutorily required notice provisions before denying life insurance claims, saying the lead plaintiff wasn't an adequate representative for the proposed class, among other concerns.

  • December 10, 2024

    NC Law Firm, Insurer Drop Phishing Coverage Row

    A law firm specializing in real estate transactions and its cyber insurer told a North Carolina federal court Tuesday they've agreed to settle their dispute over coverage for a phishing scam the firm said caused it to unwittingly wire roughly $647,000 to the hacker's bank account.

  • December 10, 2024

    Insurer Seeks Exit From Firm's Bid For $2.8M Hack Coverage

    A private equity firm's insurer told a Nebraska federal court it owed no coverage for what the firm said was a $2.83 million loss from a hack, maintaining the event didn't meet its policy's definitions of "loss" or claims and fell under a cyber theft exclusion.

Expert Analysis

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • NC Ruling Takes Practical Approach To Duty-To-Defend Costs

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    In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.

  • A Look At Insurance Coverage For Government Investigations

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    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.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    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.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    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.

  • Insurance Considerations For Cos. That May Face Strikes

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    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.

  • Challenges Of Insuring An NIL Collective

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    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.

  • An Update On Legal Issues In The Drone Market

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    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.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    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.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    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.

  • Congress Can And Must Enact A Supreme Court Ethics Code

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    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.

  • State Of The States' AI Legal Ethics Landscape

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    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.

  • Insurance Likely Kept Swift Out Of The Woods After Vienna

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    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.