Specialty Lines

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 03, 2024

    Insurer Seeks To Cover D&O Defenses In DMK Pharma Ch. 11

    An insurance company asked a Delaware bankruptcy court Wednesday to let it pay defense expenses under a $5 million directors and officers policy for bankrupt biotechnology company DMK Pharmaceuticals Corp., which is facing an investor lawsuit and two federal agency investigations, arguing the policy proceeds aren't part of DMK's Chapter 11 estate.

  • July 03, 2024

    Hartford Unit Says Software Co. Not Covered For BIPA Claims

    A Hartford unit told an Illinois federal court that a software company isn't owed coverage for two underlying class actions alleging that its software was used by two different restaurant chains to collect customers' biometric information, arguing that the alleged Biometric Information Privacy Act violations aren't covered under its policies.

  • July 03, 2024

    Markel Drops Suit Over Law Firm's Malpractice Coverage

    A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.

  • July 03, 2024

    Top General Liability Rulings From The First Half of 2024

    The first six months of 2024 brought big wins for carriers involved in an opioid-related coverage dispute at the federal level, while state justices offered clarity for policyholders in claims-made commercial general liability policy interpretation and for a claimant's ability to pursue action against insurers. Here, Law360 breaks down the top commercial general liability rulings from the first half of the year.

  • July 03, 2024

    High Court's Regulatory Rulings Unsettle Coverage Risks

    The U.S. Supreme Court's decisions that empower the courts at the expense of federal regulators' enforcement powers have unsettled the regulatory risks companies are used to, raising uncertainty for how professional and specialty line insurance coverage will adapt.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 03, 2024

    Insurance Litigation Week In Review

    An insurer won a coverage dispute over a $3.2 million injury verdict stemming from a bar fight, Texas' largest nonprofit health system failed to differentiate its pandemic business loss claims from other cases, and a petroleum company was denied coverage for multidistrict litigation over gas additives.

  • July 01, 2024

    Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets

    A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Insurer Says Auto Co.'s COVID Coverage Suit Is Time-Barred

    An auto parts manufacturer's lawsuit seeking $50 million in coverage for COVID-19-related losses is time-barred, an insurer told a North Carolina federal court Friday, arguing that the manufacturer filed suit a year after the policy's three-year limitation period.

  • June 28, 2024

    Insurer Says Kennel Expansion Complaints Not Covered

    A Hanover unit told a California federal court that it has no obligation to defend a dog kennel in an underlying lawsuit alleging that the kennel's expansion, which increased capacity from about 20 dogs to 200 dogs, interfered with the community's rights of possession.

  • June 27, 2024

    Proposed Calif. Insurance Tradeoff Draws Mixed Reactions

    Insurance industry representatives and consumer advocates in California are pitching opposing visions for a proposed regulatory tradeoff at the heart of state officials’ efforts to increase homeowners insurance availability at a time of heightening wildfire risks.

  • June 27, 2024

    Auto Software Outage Turns Policyholders To Cyber Coverage

    A ransomware attack against auto software company CDK Global that caused an ongoing disruption in the operations of car dealerships has sent policyholder experts pointing to cyber insurance policies for immediate relief.

  • June 27, 2024

    11th Circ. Upholds Radiology Practice's FMLA Suit Win

    The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.

  • June 27, 2024

    Insurance Litigation Week In Review

    The D.C. Circuit ordered coverage for water damage stemming from an excluded peril, a Nevada state court let a COVID-19 coverage suit remain despite a pro-insurer pandemic ruling from the state's justices, Travelers avoided defending asbestos suits and Nautilus Insurance prevailed in a $3 million logging injury coverage row.

  • June 27, 2024

    2024 'Super Election Year' Shows Value In Risk Management

    Insurance experts are warning of potentially heightened risks as the 2024 presidential race ramps up in the U.S. and elections take place abroad, advising policyholders and insurers to maintain a strong understanding of their policies ahead of potential political unrest.

  • June 27, 2024

    AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'

    New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.

  • June 27, 2024

    Insurer Climate Risk Report Drawing Regulatory Attention

    A recent report finding that insurers are making mixed progress on climate risk disclosures will draw regulators' attention as they continue to shape how carriers detail information about their emissions and climate policies, experts say.

  • June 27, 2024

    Paper Co. Settles Employee Theft Suit Coverage After Trial

    Following a settlement, a paper manufacturer agreed to end its Tennessee federal suit against its insurer over coverage for an employee theft scheme that the paper company said caused $31 million in losses.

  • June 26, 2024

    Conn. Insurance Chief Can Limit Struggling Insurer's Payouts

    A Connecticut state court imposed a temporary moratorium on certain benefits that a private equity-owned life insurer can pay out to policyholders until a rehabilitation plan can be confirmed for the failing carrier, granting the state insurance department's petition for a rehabilitation order.

  • June 25, 2024

    Wash. Contractor, Insurer Resolve Redress Cost Dispute

    A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.

  • June 20, 2024

    'AI Washing' Actions Mark New Frontier In Coverage Disputes

    Recent regulatory actions and shareholder suits over alleged misrepresentations of artificial intelligence use, or what is known as AI washing, may be the first wave of a surge of claims that will hit professional and management liability insurance lines.

Expert Analysis

  • An American Policyholder's Guide To UK Insurance Arbitration

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    No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Top 10 Queries For Insurers Entering Surplus Lines Market

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    John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • What New Conn. Insurance Bulletin Means For Data And AI

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    A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney. 

  • High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Cos. Seeking Cyber Coverage Can Look To Key Policy Terms

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    As cyberattacks increasingly threaten business operations, including one last month that partially paralyzed UnitedHealth's services, expanded interpretations of several key policy terms may allow affected companies to recover under cyber business interruption policies or other coverage, even if their business hasn't completely shut down, say attorneys at Kasowitz.

  • Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

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    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.