Specialty Lines
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December 08, 2023
Contractor Asks Court To Tweak Quantico Construction Order
A contractor asked a Virginia federal court to modify a proposed order that would grant default judgment against a third-party construction company in a coverage dispute over defective concrete work at a U.S. Navy school, saying added language was needed to prevent roadblocks in ongoing claims against other insurers.
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December 08, 2023
Coverage Fight Over $14M Hardware Theft Dropped After Deal
A California federal court tossed a dispute between IT distribution company Synnex Corp. and Axis Insurance Co. over coverage for a nearly $14 million theft of computer hardware from Synnex's warehouse in Mexico City, after the parties told the court in October they reached a settlement.
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December 08, 2023
Insurer Claims Contractor Owes $31M For Defaulted Projects
An insurer has sued a construction contractor in California federal court alleging that it shirked its duties on nearly $31 million in payment and performance bonds for a pair of construction projects, saying it expected claims to roll in soon for a third project.
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December 08, 2023
Consumers, AIG Units Settle Hidden Travel Insurance Fee Row
A class of travel insurance buyers and several AIG units reached an agreement over supposedly hidden fees stacked on top of insurance travel premiums, asking a California federal court to reset upcoming deadlines they say would save resources as they prepare "substantial papers" to support their settlement.
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December 07, 2023
Calif. Panel Says Retaliation Row Not Barred From Coverage
Creating arrest quotas and allegedly disciplining police who wouldn't comply doesn't bar Whittier, California, from insurance coverage of a $3 million settlement with officers, because such conduct wasn't willfully harmful, a California state appeals panel found, addressing the interplay between retaliation protection and insurance codes for the first time.
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December 07, 2023
Insurer Escapes Co.'s Suit Over Death Benefits Of Namesake
A life insurance company overcame a lawsuit in which it was accused of wrongfully terminating a decades-old policy nearly a year before the insured died, with a Michigan federal judge finding that the insurer gave proper notice that the policy was at risk of lapsing.
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December 07, 2023
NC Radiology Group, Broker Strike Deal In Cyberattack Row
A North Carolina radiology practice told a federal court Thursday it struck a deal with its insurance broker resolving its suit alleging it lost more than $1 million as a result of a ransomware attack that occurred shortly after the broker allowed cyber liability coverage to lapse.
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December 07, 2023
Title Co. Not Covered For Breach Of Contract Suit, Court Told
A title company does not have coverage for a $2.2 million lawsuit accusing it of ignoring multiple red flags when helping to execute a deed of trust, its insurer told a California federal court, saying the matter was not reported to the insurer in a timely manner.
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December 07, 2023
Water Co. Not Covered For Contamination Suit, Insurer Says
A Texas water supply company isn't owed coverage for an underlying action alleging it provided contaminated water to residents, an AmeriTrust unit told a federal court, arguing that the company's prior knowledge of the issue and multiple policy exclusions pertaining to pollution and bacteria bar coverage.
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December 07, 2023
Insurer Doesn't Owe Trucking Co. For Worker's Injury Suit
A trucking company's insurer doesn't owe it defense or indemnity coverage for an employee's personal injury suit, a Texas federal judge ruled, agreeing with the insurer that several policy exclusions bar coverage for employee suits over accidents at work.
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December 07, 2023
Hurricane Victim Urges Keeping Suit Over Solicitations Alive
A woman suing Houston law firm McClenny Moseley & Associates PLLC over its alleged illegal solicitation of clients after a hurricane urged the Southern District of Texas Wednesday to reject the recommendation of a federal magistrate judge and keep her proposed class action alive.
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December 06, 2023
Therapy Co. Didn't Lie On Policy Application, 4th Circ. Hears
Patients of a defunct child therapy practice urged the Fourth Circuit during oral arguments Wednesday to reverse a district judge's decision that an insurer had no duty to indemnify the practice because of what the insurer alleged was a misrepresentation on an insurance application.
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December 06, 2023
O'Connor's Measured Approach Visible In Insurance Cases
The late Justice Sandra Day O'Connor's evenhanded judicial approach hardly wavered when considering insurance cases despite their relative rarity before the high court, with her thoughtfulness shining through on issues ranging from insurance for deposits to gender-based pension plans and states' taxation of insurers.
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December 06, 2023
Duke Says Insurers Flaked On Coverage For Price-Fixing Suit
Duke University sued units of AIG and Liberty Mutual in North Carolina Business Court, accusing the insurers of trying to back out of more than $10 million in coverage for an underlying antitrust action, which asserted price-fixing claims against Duke and other private universities over their financial aid awards.
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December 06, 2023
Liberty Mutual Says Co.'s Fees In Shipping Row Not Covered
Liberty Mutual pushed back on a Houston-based cement company's bid for an early win in their dispute over coverage for more than $738,000 in penalties resulting from a shipping mishap, arguing in Louisiana federal court that the plain language of its policy does not cover the company's fees.
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December 06, 2023
W.Va. High Court Asked To Clarify Law In Auto Coverage Row
Unable to identify any precedent for an automobile insurance dispute in West Virginia, a Fourth Circuit panel sent a question via unpublished order to the state's Supreme Court of Appeals, asking it for clarification on an insurer's obligations for offering underinsured motorist coverage in policies.
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December 06, 2023
3rd Circ. Backs Travelers' Win In $5.6M Cost-Sharing Dispute
The Third Circuit upheld Travelers' win in another insurer's suit seeking defense and settlement costs incurred in a $5.6 million trade secrets suit, ruling that their mutual insured's conduct falls within a professional services exclusion in the Travelers policy.
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December 05, 2023
2nd Circ. Set To Tackle Jurisdiction In NYC's Coverage Row
The Second Circuit will hear arguments Friday over whether a lower court properly dismissed New York City’s coverage dispute against a captive insurer for lack of diversity jurisdiction after having already granted the city an early win on the coverage issues. Here, Law360 breaks down the case in advance of the hearing.
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December 05, 2023
Insurer Says No Coverage For 2 Lab Embezzlement Suits
An insurer told an Illinois federal court Tuesday that it has no obligation to defend or indemnify a property management company or its owner in two underlying suits accusing the owner of embezzling from a medical lab company he partially owned, adding the lab as a defendant.
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December 05, 2023
Insurer Urges 2nd Circ. To Uphold No Defense Ruling
An insurer urged the Second Circuit to affirm a ruling which found that it has no duty to defend Paraco Gas Corp. and its executives in a family shareholder dispute, saying a New York federal judge correctly found that a contract exclusion provision in the policy bars coverage.
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December 05, 2023
Car Service Co. Accused Of Selling Noncompliant Contracts
A Spokane, Washington, woman has lodged a putative class action accusing a vehicle service contract provider and its insurer of violating state law by illegally selling and issuing noncompliant service contracts and protection product guarantees to Washington state customers.
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December 05, 2023
Private Equity Firm Can't Opt Out Of $110M Settlement Late
A Pennsylvania federal judge denied a private equity firm’s late bid to opt out of a nearly $110 million class action settlement over a life insurance company’s rate hikes, finding that accepting the firm’s bid, submitted six weeks after the opt-out deadline, would “render class action settlement opt-out deadlines meaningless.”
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December 04, 2023
Insurer, Staffing Co. Drop $10M Overbilling Coverage Row
A dispute between a healthcare staffing company and a Liberty Mutual unit over $10 million in excess liability coverage for an underlying emergency room overbilling settlement was dropped by both parties Monday in Texas federal court.
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December 04, 2023
Wine Co. Sues Chubb Unit For Coverage Of $1.5M Hack
A wine merchant said a Chubb unit owes it coverage for the near $1.5 million that it lost at the hands of a hacker, telling a New York federal court that the insurer improperly applied the "smallest limit of coverage possible."
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December 04, 2023
Title Insurer Settles Coverage Dispute Over Lost Land Value
A real estate company and a title insurer notified a Texas federal court that the parties finalized a settlement, ending a coverage row alleging that the company's land diminished in value and was subject to unforeseen development restrictions.

FDIC Settles $165M Suit Against Defunct La. Bank's Execs
A Louisiana federal judge dismissed a lawsuit in which the Federal Deposit Insurance Corp., acting as the receiver of the defunct First NBC Bank, sought to recover more than $165 million from the bank's leaders and insurers, saying in an order that the parties have settled.

2nd Circ. Affirms No Coverage Ruling For Legal Insurer
A Second Circuit panel ruled Thursday that an insurer need not cover a legal malpractice suit brought against an attorney and his former firm, rejecting the attorney's argument that some acts the underlying suit alleged circumvented the policy's exclusions.

Deal Slowdown Softening R&W Insurance Market, Reports Say
A slowdown in mergers and acquisitions deals is helping to soften the representations and warranties insurance market, according to two recent market reports, which note that retentions and premiums are hitting lows even as claims persist.
Expert Analysis
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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AI Brings New Insurance Concerns For Healthcare Providers
As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.
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3 AI Regulation Developments Insurers Must Follow
Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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How Shareholder Activists Are Targeting Insurers
As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.
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Unlocking Value In Carve-Out M&A Transactions
Some of the largest mergers and acquisitions in 2023 were carve-out transactions, and despite their unique intricacies and challenges, these transactions offer both buyers and sellers the opportunity to generate outsized returns in an otherwise vigorously competitive landscape, when carefully planned and diligently executed, say Kevin Crews and Rami Totari at Kirkland.
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Tips For Negotiating Strong D&O Insurance Protection
Excerpt from Practical Guidance
D&O insurance is often the last line of defense for the personal assets of a director or officer, so taking the time to negotiate improvements to their D&O policies and ensuring that the coverage is appropriate for the insureds' risk profile can greatly improve the chances that their policies will protect them when they need coverage the most, says Thomas Bentz at Holland & Knight.
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Insurers Should Prepare For 'Black Swan' Climate Disasters
As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.
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3 Quirks Of New Jersey Insurance Coverage Law
There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.
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How Del. 'Arising Out Of' Ruling May Affect Insurance Cases
The Delaware Supreme Court decision in Ace American Insurance v. Guaranteed Rate focused on a professional services exclusion, but the ruling has wide-ranging application in insurance coverage disputes involving any exclusions that employ "arising out of" or similar prefatory language, say Keith McKenna and Maria Brinkmann at Cohen Ziffer.
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Assessing D&O Coverage Amid Challenges To DEI Policies
As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.
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Potential Relief For Nevada Insureds Is On The Horizon
A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.