Specialty Lines

  • March 20, 2025

    Insurance Litigation Week In Review

    The California Department of Insurance provisionally approved State Farm's request for an emergency rate hike, a North Carolina federal court found a convicted insurance mogul's company liable for $57 million in misappropriated client funds, and the Fifth Circuit reversed an insurer's win in a bar assault coverage dispute. Here, Law360 takes a look at the past week's top insurance news.

  • March 19, 2025

    8th Circ. Upholds No-Coverage Ruling In Floor Paint Suit

    A flooring company's insurer has no duty to cover roughly $134,000 in costs to remove and replace a vinyl floor because of a subcontractor's shoddy painting, the Eighth Circuit ruled Wednesday, rejecting the company's position that an exception in a faulty work exclusion applied to restore coverage.

  • March 19, 2025

    Insurers Say $40M Retirement Row Settlement Not Covered

    Three excess insurers told a California federal court they should owe no coverage toward a $40 million settlement a third-party administrator of a church retirement's plan reached to resolve class action claims that it participated in a self-dealing scheme, arguing the claims predate the period they insured.

  • March 19, 2025

    Atty Fees Not Covered In Nursing Home Coverage Dispute

    An Illinois federal court refused to rethink its finding that an insurer needn't cover a $666,000 attorney fee award against a nursing home operator in a wrongful death suit, saying in an amended ruling that the fees aren't covered damages under the policy or Illinois' Nursing Home Care Act.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 18, 2025

    9th Circ. Denies Bid To Halt $24M Deal In AIG Hidden Fee Case

    Lower court proceedings can still continue as a class member appeals the final approval of a $24 million settlement over claims that Travel Guard Inc., AIG and certain AIG units improperly added fees in travel insurance premiums, the Ninth Circuit ruled, rejecting the class member's emergency bid for a stay.

  • March 18, 2025

    BetterHelp Demands Insurer Assist In $7.8M FTC Payment

    Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.

  • March 17, 2025

    Zurich Unit Needn't Cover Travel Agency In Abuse Suit

    A Zurich unit had no duty to defend a travel agency accused of negligence in connection with an overnight school trip where a student, court papers allege, was bullied and sexually abused by classmates, a Florida federal court ruled Monday, saying a sexual abuse exclusion barred coverage.

  • March 14, 2025

    Calif. Insurance Chief OKs State Farm Rates Pending Hearing

    The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.

  • March 13, 2025

    Viacom Coverage Win Pushes Boundaries For Related Claims

    A recent Delaware Superior Court ruling that allowed National Amusements Inc., Shari Redstone and Viacom Inc. to draw from two pools of insurance coverage for underlying shareholder litigation cemented the state's treatment of related claims while outlining areas of uncertainty for future disputes.

  • March 13, 2025

    Canada's New PM Seen As Leader Conscious Of Climate Risk

    As the former central banker Mark Carney assumes leadership over Canada's government, experts are pointing to his comments on climate change risks to insurers as a watershed moment in appreciating the financial risks of a warming planet.

  • March 13, 2025

    Allstate Unit Data Breach Row Signals Shifting Cyber Risks

    A New York attorney general suit against an Allstate unit is raising concerns about more aggressive state enforcement and data breach risks from insurers while emphasizing existing cyber risk and coverage issues that have long plagued policyholders.

  • March 13, 2025

    Meet The State Rep. Working To Bring Firearm Insurance To Ill.

    As state and local governments consider the ways in which insurance can be used to regulate firearm use, Rep. Bob Morgan is leading the charge in Illinois, creating a task force to bring insurance experts and other related leaders together to formulate liability insurance for firearm owners. Here, Law360 speaks with Morgan as he works to discover whether a stand-alone policy or special endorsement can be used by individuals to promote safer firearm practices within the state.

  • March 13, 2025

    Insurers Must Cover Real Estate Cos. In False Claims Dispute

    A pair of directors and officers insurers must provide coverage to real estate holding companies in an underlying False Claims Act whistleblower action, a Delaware Superior Court judge ruled, finding that a breach of contract exclusion does not bar coverage.

  • March 13, 2025

    Chubb Unit Can't Depose Smithfield CLO After 5-Year Lag

    North Carolina's Business Court judge shut down a late deposition motion by a Chubb subsidiary seeking testimony from Smithfield Foods Inc.'s chief legal officer, criticizing the insurer for purportedly trying to open a "back door" to the coverage lawsuit's already-closed discovery process.

  • March 13, 2025

    Insurance Litigation Week In Review

    Progressive's $48 million settlement for underpaying New York drivers was finalized, insurers escaped covering opioid litigation and claims, Viacom and National Amusements Inc. got to continue their quests for coverage of shareholder litigation, and California state legislators discussed insurance rates after the wildfires.

  • March 11, 2025

    Insurer Says It's Off The Hook For Pay Transparency Suit

    Houston Casualty Co. said Tuesday that its liability insurance policy does not cover an underlying lawsuit accusing a Washington company that owns McDonald's franchises of violating the state's pay transparency law for job postings.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Best Practices For AI Disclosures In Insurance Applications

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    As businesses integrate AI into their operations, insurers are starting to develop targeted questions to assess the associated risks, but ambiguities in the application forms can create challenges for businesses applying for insurance, say attorneys at Hunton.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • What Insurers Need To Know About OFAC's Expanded FAQs

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    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

  • Nevada Justices Could Expand Scope Of Subrogation Claims

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    The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.

  • How D&O Coverage Can Aid Against Increased AI Scrutiny

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    The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Recent Developments In Insurance Coverage For FCA Claims

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    As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.

  • 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.