Specialty Lines

  • May 02, 2024

    Sills Cummis Adds Pillsbury Atty As Insurance Group Leader

    Sills Cummis & Gross PC has added an experienced insurance attorney from Pillsbury Winthrop Shaw Pittman LLP as a leader of two of its insurance groups.

  • April 30, 2024

    No Coverage For Foundation's Counsel In IP Row, Judge Says

    A Kansas federal court tossed two counterclaims a Kansas State University-affiliated philanthropy lodged against its insurer over coverage for a man's claims that it stole his economic development ideas for the university, finding the insurer has no duty to pay for the philanthropy's own choice of counsel.

  • April 29, 2024

    5th Circ. Ponders If There Were Claims In 'Patient Mistake' Suit

    If an insurer says there's no claim, might a claim still have been made, a skeptical Fifth Circuit panel pondered at oral arguments Monday, considering whether a healthcare company's settlement paid for mistakenly approving out-of-state treatment of a Florida Medicaid patient was covered by insurance.

  • April 29, 2024

    Paper Co.'s $31M Theft Claim Trimmed Before Coverage Trial

    A paper manufacturer's insurer needn't pay $2.7 million of the over $31 million the manufacturer said it lost from an employee's theft scheme, a Tennessee federal court ruled while rejecting the insurer's position that the company's $15 million settlement with the employee breached its policy.

  • April 29, 2024

    Excess Insurer Seeks Inclusion In OpenText Merger Row

    Allied World National Assurance asked a Michigan federal court to allow it to join a coverage dispute against its excess insured OpenText, maintaining that the software company's primary insurer will soon reach its limits on defense costs in the underlying class action over OpenText's merger with Covisint.

  • April 26, 2024

    Investors Ask 3rd Circ. To Revive Row With Maiden Holdings

    Investors urged the Third Circuit to revive their suit claiming that reinsurance company Maiden Holdings Ltd. misrepresented its underwriting and risk management practices, saying the lower court's erroneous discovery restriction prevented them from proving their case.

  • April 26, 2024

    Cox Says Insurers Must Pay For Settled DMCA Suit

    Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.

  • April 26, 2024

    Insurers Say BASF Can't Seek Same PFAS Coverage In 3 Suits

    BASF Corp.'s insurers have said a South Carolina federal court lacked jurisdiction and should toss the chemical manufacturer's case in favor of similar New Jersey state litigation seeking coverage for thousands of underlying allegations that a substance made for firefighting foam caused pollution and injury.

  • April 26, 2024

    No Coverage For Treasure Hunter's IP Row, 9th Circ. Rules

    Great American Insurance Co. had no coverage obligations over a $7.5 million settlement stemming from a treasure hunter's claims that his former partners refused to hand over maps and other intellectual property after they parted ways, the Ninth Circuit ruled Friday, finding the treasure hunter didn't allege insurable, accidental conduct.

  • April 26, 2024

    The Week In Trump: Tabloid Testimony, High Court Drama

    Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.

  • April 26, 2024

    Insurer Can't Avoid Coverage Suit Against Escrow Agent

    First American Title Insurance Co. must continue to be a party in Wesco Insurance Co.'s declaratory action seeking to avoid covering claims that Wesco's insureds improperly diverted escrow funds in real estate transactions to third parties with no valid claims to the funds, a Florida federal court ruled.

  • April 25, 2024

    Insurance Litigation Week In Review

    A New York state panel partially revived Chubb's coverage dispute with an archdiocese over underlying sexual abuse claims, Ralph Lauren got the green light to pursue its appeal for coverage of damages stemming from the COVID-19 pandemic and former President Donald Trump solidified a $175 million bond.

  • April 25, 2024

    Benefytt Successor Pursues Del.'s Bankruptcy Alternative

    Three affiliates of Benefytt Technologies have asked Delaware's Chancery Court for assignment for the benefit of creditors, a state-administered restructuring option, with $41 million in unsecured debt and $20 million worth of liens, saying the ripple effects of the health technology company's Chapter 11 drove them under.

  • April 25, 2024

    Driving Data Suits Highlight Auto Privacy, Insurance Risks

    A spate of suits charging General Motors with harvesting driver data without permission and sharing it with data broker LexisNexis Risk Solutions highlights policyholder privacy risks and erosion of trust over extensive auto data collection, experts told Law360.

  • April 25, 2024

    5th Circ. May Ponder If Threats Are Claims In Healthcare Suit

    The Fifth Circuit will review Monday if a healthcare company is covered for a more than $200,000 settlement over mistakenly approving out-of-state treatment for a Florida Medicaid patient, with the case potentially hinging on whether a letter threatening litigation against another party constitutes a claim. Here, Law360 breaks down the case in advance of oral arguments.

  • April 25, 2024

    Fla. High Court Says PIP Law Doesn't Mandate 100% Payment

    The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.

  • April 25, 2024

    New PFAS Rules Portend More Insurance, Superfund Suits

    New rules from the Environmental Protection Agency designating as hazardous so-called forever chemicals, and limiting those toxic chemicals in water supplies, are likely to contribute to a wave of insurance litigation over liabilities, while potentially posing new coverage implications for companies involved in Superfund sites.

  • April 25, 2024

    No Coverage For Grants To Fraudulent Charity, Judge Rules

    A Denver-based charity cannot get coverage for the $349,000 in grants it gave to a different charity whose founder was accused by state authorities of lying about its nonprofit status, a Colorado federal court ruled, finding that a computer fraud provision was not triggered.

  • April 25, 2024

    Real Estate Atty, Insurer Scuttle Hacking Policy Feud In Conn.

    A Connecticut real estate attorney and an insurance company owned by Berkshire Hathaway have moved to end their claims against one another, in a state court dispute over who should be on the hook after the lawyer was accused of transmitting several property payments to hackers.

  • April 25, 2024

    Emotional Damages Not Covered In OD Suit, Pa. Justices Rule

    The Pennsylvania Supreme Court has reversed a lower court's ruling that a Nationwide unit had a duty to defend two homeowners in a suit over a man's fatal overdose under their roof, holding Thursday that underlying emotional distress damages don't fall within the policy's definition of bodily injury.

  • April 25, 2024

    Insurance Backs Up College Athletes About To Turn Pro

    As the NFL draft begins, experts tell Law360 how changing circumstances make it ever more important for athletes transitioning from the college to professional level to secure insurance coverage, should an injury derail a pro career.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Feds Want About 3 Years In Prison For LA Bank Embezzler

    The former chief financial officer at a community bank in Los Angeles should spend nearly three years in prison after admitting he embezzled more than $700,000 and used employee identities in a life insurance scheme, the government told a California federal court.

  • April 22, 2024

    Trump, NY AG Reach Deal To OK $175M Fraud Appeal Bond

    Donald Trump's lawyers agreed Monday to bond conditions requiring the former president to give up control of his $175 million cash deposit pending appeal of a $465 million civil fraud judgment, staving off scrutiny from both the New York attorney general and the judge who entered the award.

  • April 19, 2024

    Nissan's Ex-Chair Owes $6.5M In Defense Costs, Insurer Says

    The former chairman of Nissan and other carmakers who fled to Lebanon after Japanese authorities arrested him alleging financial misdeeds must reimburse Sompo Japan Insurance Inc. for the nearly $6.5 million spent defending him against such claims, Sompo told a Delaware federal court Friday.

Expert Analysis

  • Online Purchase Insurance: Regulatory Issues To Watch For

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    Before offering insurance on consumer transactions, otherwise known as embedded insurance, merchants and insurance producers should be aware of a few regulatory issues and have a multistate compliance strategy in place, say Fred Garsson and Kara Pike at Saul Ewing.

  • To Survive Scrutiny, Banks Should Craft Careful D&O Policies

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    With banks and their boards facing intensified — and potentially costly — scrutiny after this spring’s bank failures, risk managers can prepare for potential shareholder demands, lawsuits or regulatory probes by designing a robust and targeted directors and officers coverage program, say Jose Lua-Valencia and Jesse Vazquez at Pillsbury.

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

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    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation

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    Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.

  • Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

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    William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.

  • Insurance Implications Of High Court Affirmative Action Ruling

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    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • 2 Years Later: TransUnion's Impact On Data Breach Litigation

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    In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.

  • Insurance Considerations For State Biometric Privacy Claims

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    As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • 4th Circ. Ruling Continues Trend Of Insurer Bump-Up Wins

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    The Fourth Circuit's recent decision in Towers Watson v. National Union Fire Insurance, finding no directors and officers insurance coverage for underpayment in a reverse triangular merger, supports an emerging consensus that "acquisition" encompasses a variety of transaction types for the purposes of D&O bump-up exclusions, say Joshua Polster and Charlotte McCary at Simpson Thacher.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

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    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • Greenwashing Suits May Implicate D&O Policies

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    As consumers, regulators, and state and local governments seek to use litigation to hold companies responsible for alleged greenwashing, businesses facing such claims have a number of approaches available for seeking insurance coverage under directors and officers policies, say attorneys at Haynes Boone.