Specialty Lines

  • February 05, 2024

    Berkley Wants Out Of Defending Atty In $750K Trust Dispute

    An insurer told an Illinois federal court it doesn't owe defense or indemnification to an insured attorney in an underlying action from a trust alleging it's owed more than $750,000 in overdue payments, arguing there is no coverage for the trust's suit in the attorney's firm's policy.

  • February 02, 2024

    Insurance Coverage Excluded In Condo Sale, 11th Circ. Told

    An insurance company urged the Eleventh Circuit on Friday to reverse a lower-court decision forcing it to provide coverage in a Florida condominium sale gone wrong, saying it was excluded from defending a claim against a real estate agent accused of converting the transaction's proceeds.

  • February 02, 2024

    Calif. Rate Approvals Centered In Coverage Crisis Debate

    A California law permitting public challenges to proposed premium increases is saving policyholders billions of dollars, a consumer advocacy group recently reported, a claim that has drawn scorn from industry professionals amid efforts to change the law to better favor carriers. 

  • February 02, 2024

    Insurer Can't Forum Shop For Living Facility Row, Co. Says

    A successor in interest to a $1 million judgment against an assisted living facility accused the facility's insurer of forum shopping to free itself from paying out the judgment, telling an Oklahoma federal court that the insurer's federal suit is duplicative of an existing state court garnishment action.

  • February 02, 2024

    Owner Says Insurer Can't Dodge Tenn. Hooters Bombing Row

    The insurer of a Hooters restaurant that was decimated in a 2020 Christmas Day bombing appointed a crooked appraiser who tainted a damage award, the historic property's owner told a Tennessee Federal Court, adding that the biased determination was invalid under state law.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 02, 2024

    Insurer Resists Covering Law Firm In Bankruptcy Fraud Suit

    A law firm is not entitled to coverage for a suit alleging it intentionally filed for bankruptcy on behalf of a client in violation of an arbitrator's order, its professional liability insurer told an Illinois federal court, saying intentional wrongful acts are not covered under the policy.

  • February 01, 2024

    Liberty Owes $600K In Lost Shoe Coverage, Co. Tells Court

    Liberty Mutual Fire Insurance Co. owes $600,000 to Indiana-based store chain Shoe Sensation for three lost semitruck shipments that the insurer improperly treated as one loss, the chain told a federal court Thursday.

  • February 01, 2024

    Life Insurance Co., Named Beneficiary Settle Void Policy Suit

    A South Carolina woman who said she was the beneficiary of $300,000 in her brother-in-law's life insurance policy settled the insurer's case against her claiming the policy was wrongly issued, a South Carolina federal court said Thursday.

  • February 01, 2024

    Policy Language Copyright Suit Must Continue, Court Told

    An insurance policy licensing group and an underwriting company told a Connecticut federal judge that their copyright claims alleging a competitor stole key and unique policy language cannot be tossed, saying a carrier's motion to dismiss raises a fact issue that precludes dismissal.

  • February 01, 2024

    Ill. Genetics Law Spares Life Insurance Sector, Prudential Says

    Prudential argued Tuesday that an Illinois federal judge should toss accusations it unlawfully requested an applicant's family medical history and considered that information when denying life insurance coverage, saying the Illinois Genetic Information Privacy Act "simply doesn't apply to life insurance."

  • January 31, 2024

    Consumer Slams Car Care Provider's Exit Bid In Contract Suit

    A Washington state vehicle owner urged a federal court to preserve her suit against a vehicle care protection provider and its insurer alleging they sold agreements lacking key disclosures, saying the agreement is a service contract under consumer protection laws.

  • January 31, 2024

    Nev. Supreme Court Ruling Helps Title Insurer Beat HSBC

    A title insurer doesn't have to cover underlying litigation brought against HSBC Bank in connection with the foreclosure sale of Las Vegas property it owned as a mortgage lender, a Nevada federal judge found, citing a state Supreme Court decision.

  • January 31, 2024

    Electric Co. Says Insurer Refuses To Defend BIPA Suit

    An electric company told an Illinois federal court that its insurers wrongfully refused to defend or indemnify it against an underlying proposed class action in state court by an employee who alleged the company violated the state's Biometric Information Privacy Act.

  • 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.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Cultivating Good Relationships With Insurance Regulators

    Excerpt from Practical Guidance
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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • How Ohio Software Ruling Implicates Crypto Insurance Claims

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    The Ohio Supreme Court's recent decision in EMOI Services v. Owners Insurance, holding that software can never be physically damaged, has limited precedential value for property claims, but serious implications for cases involving loss or damage to intangible assets like cryptocurrency and non-fungible tokens, say Jane Warring and Shannon O’Malley at Zelle.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Sandbagging Issues To Watch In Deal Documents

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    Attorneys at Kramer Levin explore how transactional practitioners address sandbagging in acquisition agreements, the default rules that courts may apply when deal parties are silent on the issue, and how sandbagging comes up in the context of representation and warranty insurance policies and any related special indemnities in acquisition agreements.

  • Ky. Ruling Shows Need For Consistent Insurer Claim Replies

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    The Kentucky Supreme Court's recent ruling in Ashland Hospital v. Darwin Select Insurance, allowing a hospital to continue seeking coverage for a medical malpractice claim, warns insurers against invoking a prior-notice exclusion to bar coverage after previously rejecting a notice of potential claim as insufficient, say Chet Kronenberg and Lindsay DiMaggio at Simpson Thacher.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • A Recovery Option For Lenders With Planes Stuck In Russia

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    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Insurance Perils For Health Providers Using 3D-Printing Tech

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    As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.