Specialty Lines

  • January 31, 2024

    College Philanthropy Slams Dismissal Bid In IP Coverage Suit

    A philanthropy associated with Kansas State University urged a Kansas federal court to keep alive its counterclaims in a fight over coverage for a lawsuit accusing it of stealing a man's idea relating to economic development, saying it met the pleading standards for this stage of litigation.

  • January 31, 2024

    Lab Says $7M Stolen Data Is Property And Should Be Covered

    A national medical testing lab told a Pennsylvania federal court that patient treatment records and at least $7 million of billing data allegedly hijacked by its software contractor was property and should therefore be covered by its insurer. 

  • January 30, 2024

    Chubb Unit Seeks To Toss Years-Old Ruling After Settlement

    A Chubb unit asked an Illinois federal court to vacate a September 2021 ruling against it in the insurer's coverage dispute with a holding company over an underlying self-dealing suit, arguing that any precedential value it has is outweighed by the parties' interest in resolving the case.

  • January 30, 2024

    Red Sea Hostilities Ripple Through Maritime Insurance Market

    Attacks against commercial ships passing through the Red Sea and nearby areas are sending ripples through the global trading system and threatening to capsize the maritime insurance industry responsible for underwriting risks to vessels.

  • January 30, 2024

    Fennemore Craig Growing In Calif. With Sullivan Hill Merger

    In its latest West Coast expansion, Fennemore Craig PC announced Tuesday it is widening its footprint in San Diego through a merger with Sullivan Hill, with the latter's experts in insurance, construction, commercial bankruptcy and employment law joining Fennemore's existing four-attorney team in the city.

  • January 30, 2024

    Full 4th Circ. Declines Atty's Coverage Case In Fraud Defense

    The full Fourth Circuit won't hear a Maryland attorney's arguments after a panel determined he is not entitled to defense costs from his firm's insurer concerning his indictment on charges that he defrauded financial institutions to gain control of $13 million in frozen Somali assets.

  • January 29, 2024

    5 Floridians Sentenced For $67M Medicare Testing Scam

    A man accused of leading a $67 million healthcare fraud conspiracy involving unnecessary genetic testing for Medicare recipients was sentenced to 14 years in prison, along with four co-conspirators who received lesser sentences from a Florida federal judge as recently as Monday.

  • January 29, 2024

    NC Court Pares Down Crop Insurance Coverage Row

    A North Carolina federal judge trimmed a crop insurance dispute brought by a farm alleging that its insurance agent didn’t properly submit the coverage application or inform the farm’s owners of coverage, dismissing all claims against the insurer but leaving several against the agent.

  • January 29, 2024

    DOJ Says Wash. Hospital Had Role In Spinal Surgeon Scandal

    A Tacoma, Washington-based hospital operator failed to address red flags that one of its doctors was performing unnecessary surgeries, instead earning millions of dollars from the neurosurgeon's dangerous misconduct by fraudulently billing the government for his work, federal and state prosecutors have alleged. 

  • January 29, 2024

    Increase In Trafficking Reveals Hospitality Coverage Concerns

    As human trafficking continues to increase and travel returns to prepandemic levels, hospitality industry policyholders may see more direct trafficking exclusions and increased education requirements as the insurance industry works to address this growing risk, experts said.

  • January 29, 2024

    Nevada Recycler Denied Redo For SEC Suit Coverage

    A Nevada federal court will not reconsider its ruling that a recycling company does not have coverage for costs stemming from a U.S. Securities and Exchange Commission fraud action, saying that the company's arguments didn't fit the criteria for a redo.

  • January 29, 2024

    Protein Bar Co.'s Insurer Says Supplier Ruined $3M In Product

    An insurer for a Pittsburgh-based protein-bar maker said the company lost $3 million due to plastic and paper contaminants found in collagen supplied by a Michigan-based company, according to a lawsuit filed in Pennsylvania state court Friday.

  • January 29, 2024

    Escrow Agent Not Covered For Fraud Suits, Court Told

    An escrow agent no longer has coverage for four underlying suits accusing it of unlawfully withholding funds or distributing them to third parties who had no valid claim to the money, an insurer told a Florida federal court, saying its theft coverage extension endorsement has been exhausted.

  • January 26, 2024

    Auto Biz Says Insurer Can't Escape $500K Damage Claims

    A vehicle lift installer urged a Minnesota federal court to preserve its counterclaims in a coverage dispute over nearly $500,000 in claims stemming from fire damage and a tipped container, arguing that its insurer constructively denied most of the claim by repeating investigations and denying payments for over a year.

  • January 26, 2024

    Missing Comma Can't Impede Chubb Policy, 11th Circ. Told

    A French food wholesaler urged an Eleventh Circuit panel Friday to reverse a lower-court ruling that an insurance company does not have to cover a lawsuit for alleged negligent audits due to a policy clause's missing comma, arguing that the New Jersey law applied in the case favors broad interpretation.

  • January 26, 2024

    Insurer Pushes For Glass Co. To Cover $2.5M Defect Payment

    Crum & Forster is demanding that an Indian glass manufacturer reimburse it more than $2.5 million that the insurer paid a candlemaker for a product recall, telling a Texas federal court that the company sold the candlemaker defective glass containers.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Geico Seeks $3M From Med Cos. In Claimed No-Fault Scheme

    Geico told a New Jersey federal court it is seeking to recover nearly $3 million from a group of New Jersey medical providers and their owners and practitioners who the insurer alleges partook in a no-fault charge scheme that defrauded the insurer's policyholders since 2017.

  • January 25, 2024

    Excess Insurers Win In Construction Defect Coverage Suit

    A residential developer wrongly tapped into certain excess insurance, a California federal judge ruled Thursday, finding that the $3.2 million its primary insurer spent on defense costs in underlying construction defect litigation didn't count toward triggering a $10 million excess policy.

  • January 25, 2024

    Mining Co. Not Covered For Wrongful Death Suit

    A mining company does not have coverage from its general liability or workers' compensation insurers for an underlying wrongful death suit, a Pennsylvania court ruled, finding that an exclusion applied for one policy and the underlying claims weren't within the scope of the other.

  • January 25, 2024

    Software Co. Settles Coverage Spat Over Wiretapping Suits

    A software company and its insurers reached an agreement in principle through mediation to resolve a coverage dispute over several wiretapping class actions, roughly three months after a California federal judge determined the insurers must defend it in four of the eight underlying suits.

  • January 25, 2024

    Class Seeks OK Of $24M Hidden Fee Deal With AIG Units

    A class of travel insurance buyers has asked a California federal judge to greenlight their nearly $24 million settlement resolving claims accusing three AIG units of stacking hidden fees on top of travel insurance premiums.

  • January 25, 2024

    6th Circ. Won't Reverse 'Willy-Nilly' For Investment Firm

    A Sixth Circuit panel told investment firm Stout Risius Ross Inc. it wouldn't reverse a Michigan federal court's decision "willy-nilly" at oral arguments Thursday, when the firm sought to prevent partial reimbursement for underlying stock valuation litigation while its insurer continued to fight for total payback.

  • January 25, 2024

    Insurer Must Defend Managing Agent In Arbitration, Court Told

    Redpoint County Mutual Insurance Co. urged a Texas federal court to ensure that a Berkley unit provides coverage to a managing general agent in arbitration who is accused of causing Redpoint more than $2 million in damages.

  • January 25, 2024

    Advisory Firm Asks 6th Circ. To Ax Insurer's Win In SEC Case

    An investment advisory firm argued Thursday that a Tennessee federal court erred in deciding that its insurance policy excluded coverage for an underlying suit from the U.S. Securities and Exchange Commission, telling a Sixth Circuit panel that the exclusion rendered the policy illusory.

Expert Analysis

  • COVID Rulings May Support Ransomware Insurance Denials

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    A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn't qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

  • Why Legacy Insurance May Not Protect Adopters Of Bitcoin

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    Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • New Ruling Means Ky. Insurers May Rely On Notice Deadlines

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    The Kentucky Court of Appeals recently resolved a matter of first impression in Darwin National v. Kentucky State University, deciding that an insurance claim made outside the specified 90-day reporting period was late and thus properly recognizing that the reporting requirement in a claims-made-and-reported policy reflects a bargained-for condition to coverage, say Kristi Nolley and Lindsey Dean at BatesCarey.

  • How D&O Coverage Fits Into Diversity Claim Mitigation

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    As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

  • D&O Insurance Implications From Tesla's Stock Drop Suit

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    A recent shareholder stock drop lawsuit against Tesla showcases the legal perils that can follow companies' social media missteps, and highlights the importance of directors and officers liability insurance in the current age of political polarization, says Tae Andrews at Miller Friel.

  • Tips For Managing Cybersecurity And Privacy Risks In M&A

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    Cybersecurity and privacy issues in M&A transactions should no longer be an afterthought and should be treated on equal footing as other parts of the due diligence process, like tax, real estate and intellectual property, say David Kessler and Anna Rudawski at Norton Rose.

  • 6 D&O Provisions To Consider When Buying SPAC Insurance

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    As directors and officers insurance strives to keep up with the unique risk profiles of special purpose acquisition companies, D&O policy language distinctions can make a critical difference in whether claims against SPACs are covered, says Stephen Raptis at Haynes and Boone.

  • Del. Rulings Guide On D&O Insurance For Corporate Fraud

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    Two recent Delaware decisions chart a helpful path for policyholders seeking directors and officers coverage for incidents involving fraudulent conduct, and also demonstrate the flexibility afforded by choice-of-law clauses, say Brian Scarbrough and Eric Fleddermann at Jenner & Block.

  • Boiler And Machinery Insurance Can Boost Cyber Coverage

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    Companies affected by cybersecurity incidents may be covered by their boiler and machinery insurance, which shares many similarities with modern cyber insurance offerings and may apply despite exclusions specifying certain forms of cyber coverage, say attorneys at Cooley.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Ill. Biometric Claim Case Highlights Core Insurance Principles

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    During oral argument in West Bend v. Krishna this month, the Illinois Supreme Court justices' questions on coverage for biometric privacy claims touched on three core principles of insurance policy interpretation and should result in an affirmance of the lower courts' decisions, says Emily Garrison at Honigman.