Specialty Lines
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April 11, 2025
Insurers Allowed To End Chemical Explosion Coverage Suit
Insurers were allowed Friday to dismiss their case in Texas federal court against Team Industrial Services Inc. seeking to disclaim coverage for underlying suits filed against the company in connection with injuries from a 2021 explosion at a chemical plant.
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April 10, 2025
Rising Type Of M&A Coverage Can Limit Cyber Risk, Pros Say
Conditions in the market for cyber insurance are positive for buyers, and insurance meant to protect against mergers and acquisitions improprieties can form a key part of transactions as cyber risks increase, industry and legal professionals said Thursday.
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April 10, 2025
Amazon Worker's Brother Denied Win In Life Insurance Fight
The children of an Amazon worker can proceed with their claim that their uncle exercised "undue influence" to get named as a beneficiary on their father's life insurance plan, an Ohio federal judge said Thursday, noting the Employee Retirement Income Security Act did not preempt the allegations.
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April 10, 2025
Pet Insurer Exec Shares Insight On Double-Digit Growth
The pet insurance industry is experiencing large amounts of growth, both in policies purchased and the cost of premiums, a trend which Brian Jorgensen, the CEO of MetLife Pet Insurance, attributes to owners spending more time with their animals and veterinary costs, respectively. Here, Jorgensen chats with Law360 about the growing pet insurance market.
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April 10, 2025
Insurance Litigation Week In Review
Insurers lost their subrogation bid over a ransomware attack against software company Blackbaud, carriers accused a California utility of causing one of this year's wildfires, Meta prevailed in an insurance coverage forum battle over numerous underlying injury claims, and the Ninth Circuit partially reversed a lower court's duty-to-defend decision.
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April 10, 2025
PNC Asks 3rd Circ. To Undo $106M No-Coverage Ruling
PNC Bank urged the Third Circuit to undo its decision finding that the bank isn't owed coverage for an over $106 million judgment it incurred over claims that its predecessor mismanaged funeral trust accounts, saying the court misinterpreted the policy's "changes in exposure" provision.
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April 09, 2025
Insurer Settles Suit Blaming Bank Consultant For Data Breach
National Union Fire Insurance Company of Pittsburgh has settled a suit accusing a Washington-based consultant of security lapses after the personal data of over 10,000 bank customers ended up online, according to new filings in Evergreen State court.
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April 09, 2025
Underwriters Owe $2.6M For Damaged Ship Loader, Co. Says
A seller of ship loaders said its underwriters owe it an additional $2.6 million for a piece of equipment that was damaged en route to Canada, telling a Washington federal court that the carriers have breached their obligations under a marine all-risk cargo policy.
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April 09, 2025
Claims Trimmed In Firm's Suit Over Sports Fraud Coverage
A Florida federal court tossed more than half the claims a law firm raised against an AIG unit for allegedly misleading them into representing a sports memorabilia collector in underlying civil and criminal fraud cases without payment, finding claims against the unit either premature, duplicative or insufficiently pled.
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April 09, 2025
Insurer, Flight School Agree Training Suit Isn't Covered
An insurer has no duty to defend or indemnify a flight school accused in an underlying suit of misrepresenting the education and training that students enrolled in a flight program would receive, according to a consent agreement approved by a North Carolina federal court.
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April 08, 2025
4th Circ. Won't Revisit Ambiguous Endorsement Ruling
The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.
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April 07, 2025
Insurers Lose Subrogation Suits Over Blackbaud Data Breach
Several insurers cannot recoup investigation and credit monitoring expenses they covered for their insureds following a 2020 ransomware attack against Blackbaud, a Delaware state court ruled, saying two suits by the carriers failed to allege insured-specific facts in order to adequately plead breach of contract claims against the software company.
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April 07, 2025
Agriculture Insurer Says Agent Error Cost It Fed. Reinsurance
A Texas insurance company has taken aim at its insurance agent, claiming that clerical errors cost the company over $1 million after applications for reinsurance were belatedly submitted to the U.S. Department of Agriculture's Federal Crop Insurance Corp. amid the COVID-19 pandemic.
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April 04, 2025
Insurance Co. Can't Nix Religious Bias Suit Over Vax Mandate
A Rhode Island federal judge declined to toss an insurance company worker's suit claiming he was illegally fired for refusing to get vaccinated against COVID-19 for religious reasons, ruling he showed his faith was sincere enough to keep his claims in court.
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April 03, 2025
DC Climate Insurance Event Highlights Need For Acute Action
A group of leading insurance industry regulatory and policy experts convened in Washington, D.C., on Thursday, expressing a need for greater collaboration and resources in order to quickly scale up eco-friendly insurance products and business practices.
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April 03, 2025
Crypto Boon Boosts Hopes For Improving Insurance Options
Cryptocurrencies and digital assets have experienced a recent boon buoyed by a favorable shift in the regulatory environment, prompting more insurers to engage with what was once widely viewed as a volatile and insecure asset class.
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April 03, 2025
NY Ghost Gun Win Adds To Concerns Of CGL Policy Breadth
A New York federal court's ruling that an AIG unit isn't obligated to defend a Washington state firearms retailer accused of knowingly selling unfinished components that could be used to assemble "ghost guns" underscored policyholder attorneys' concerns that commercial general liability coverage continues to narrow, as insurers tally another win in a dispute over intentional conduct.
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April 03, 2025
$2M Limits Off Table In Construction Defect Row, Insurer Says
An insurer for a waterproofing consultant and architecture firm said its policy's $2 million aggregate limit does not apply to a condo association's underlying construction defect claims, telling a Florida federal court that the claims count as a single occurrence subject to a $1 million limit.
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April 03, 2025
Law Firm Says Insurer Shorted On Defense Of Blackmail Suit
A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with the settled underlying lawsuit she filed.
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April 03, 2025
Insurance Litigation Week In Review
An AIG unit needn't defend a firearms retailer accused of contributing to gun violence by selling "ghost gun" components, another AIG insurer doesn't owe coverage for a tribe's COVID-19-related losses and a class of Progressive policyholders sought final approval of a $43 million vehicle settlement over vehicle valuations. Here, Law360 takes a look at the past week's top insurance news.
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April 03, 2025
CGL Loss Hikes Highlight Underwriting, Tort Reform Efforts
Liability premiums continue to rise as a result of insurers' escalating loss trends, according to insurance broker Lockton's quarterly market update, and as social inflation continues to impact the United States' market, industry experts heed Lockton's concerns over stricter underwriting practices and the debate surrounding tort reform.
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April 03, 2025
Insurance Pros Size Up Major Industry Risks At NYC Forum
The influence of litigation financing, artificial intelligence and climate change on insurance law were among key topics this week as insurance experts discussed the biggest risks in the property and casualty space. Here, Law360 breaks down highlights of remarks by attorneys and industry experts at the Practising Law Institute in New York.
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April 02, 2025
Insurer Says $9M OpenText Merger Settlement Not Covered
An insurer said it is not obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, telling a Michigan federal court that the settlement does not constitute a covered loss.
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April 02, 2025
Potbelly Says Insurer Must Cover Wage Transparency Suit
Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.
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April 02, 2025
Insurer Gets Education Co.'s $2.2M Theft Coverage Bid Tossed
A Maryland federal court tossed an education management company's suit seeking excess coverage for over $2.2 million in employee embezzlement losses, saying the company failed to show its loss occurred during the relevant policy period.
Expert Analysis
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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5 Argument Techniques For Policyholder Advocates
Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.