Specialty Lines
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March 24, 2025
9th Circ. Won't Revive Talent Agency's Litigation Coverage Bid
United Talent Agency isn't entitled to coverage from Markel American Insurance Co. in an underlying lawsuit alleging the talent company poached a rival's clients, the Ninth Circuit has said, finding the underlying claims involved "willful acts" by United Talent that block coverage under the California Insurance Code.
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March 24, 2025
3rd Circ. Upholds No-Coverage Ruling For PNC's $106M Loss
PNC Bank NA can't get coverage for a more than $106 million judgment it paid over underlying claims that a bank PNC acquired had mismanaged certain trust accounts, the Third Circuit ruled, finding a provision that barred coverage for wrongful acts occurring before an acquisition was applicable.
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March 24, 2025
Justices Won't Review Missing Comma Coverage Ruling
The U.S. Supreme Court won't review an Eleventh Circuit decision that a missing comma in a Chubb unit's professional services policy did not alter its clear and unambiguous meaning excluding coverage for a food service company's audit, according to an order list Monday.
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March 20, 2025
Mining Pollution Suit Paused Amid Appeal In Another Case
A federal judge in West Virginia didn't issue an injunction but instead stayed one case alleging coal mining pollution brought by county entities against energy companies and their insurers after the numerous carriers argued the litigation was redundant.
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March 20, 2025
State Farm's Calif. Rate Request Exemplifies Long Negotiation
California regulators' provisional approval of State Farm's premium increase request following the Los Angeles fires is another step forward in an insurance reform process that insurance pros view as a negotiation that has been protracted to the detriment of consumers.
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March 20, 2025
Opioid Orders Weigh Insurers' Role In Fighting Societal Harm
Rulings barring supermarket chain Publix and drugmaker Mallinckrodt from obtaining coverage for underlying opioid claims have contributed to insurers' continued success in defining their obligations to these claims while raising the question of whether insurance is intended to help protect against widespread societal harm.
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March 20, 2025
Bottler's Wine Contamination Coverage Bid Tossed For Good
A Nationwide unit prevailed again in getting a wine bottling company's coverage action thrown out, successfully arguing to a California federal court that a faulty work exclusion barred coverage for a since-settled lawsuit seeking $1.2 million in damages for wine contamination.
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March 20, 2025
Insurance Litigation Week In Review
The California Department of Insurance provisionally approved State Farm's request for an emergency rate hike, a North Carolina federal court found a convicted insurance mogul's company liable for $57 million in misappropriated client funds, and the Fifth Circuit reversed an insurer's win in a bar assault coverage dispute. Here, Law360 takes a look at the past week's top insurance news.
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March 19, 2025
8th Circ. Upholds No-Coverage Ruling In Floor Paint Suit
A flooring company's insurer has no duty to cover roughly $134,000 in costs to remove and replace a vinyl floor because of a subcontractor's shoddy painting, the Eighth Circuit ruled Wednesday, rejecting the company's position that an exception in a faulty work exclusion applied to restore coverage.
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March 19, 2025
Insurers Say $40M Retirement Row Settlement Not Covered
Three excess insurers told a California federal court they should owe no coverage toward a $40 million settlement a third-party administrator of a church retirement's plan reached to resolve class action claims that it participated in a self-dealing scheme, arguing the claims predate the period they insured.
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March 19, 2025
Atty Fees Not Covered In Nursing Home Coverage Dispute
An Illinois federal court refused to rethink its finding that an insurer needn't cover a $666,000 attorney fee award against a nursing home operator in a wrongful death suit, saying in an amended ruling that the fees aren't covered damages under the policy or Illinois' Nursing Home Care Act.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 18, 2025
9th Circ. Denies Bid To Halt $24M Deal In AIG Hidden Fee Case
Lower court proceedings can still continue as a class member appeals the final approval of a $24 million settlement over claims that Travel Guard Inc., AIG and certain AIG units improperly added fees in travel insurance premiums, the Ninth Circuit ruled, rejecting the class member's emergency bid for a stay.
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March 18, 2025
BetterHelp Demands Insurer Assist In $7.8M FTC Payment
Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.
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March 17, 2025
Zurich Unit Needn't Cover Travel Agency In Abuse Suit
A Zurich unit had no duty to defend a travel agency accused of negligence in connection with an overnight school trip where a student, court papers allege, was bullied and sexually abused by classmates, a Florida federal court ruled Monday, saying a sexual abuse exclusion barred coverage.
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March 14, 2025
Calif. Insurance Chief OKs State Farm Rates Pending Hearing
The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.
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March 13, 2025
Viacom Coverage Win Pushes Boundaries For Related Claims
A recent Delaware Superior Court ruling that allowed National Amusements Inc., Shari Redstone and Viacom Inc. to draw from two pools of insurance coverage for underlying shareholder litigation cemented the state's treatment of related claims while outlining areas of uncertainty for future disputes.
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March 13, 2025
Canada's New PM Seen As Leader Conscious Of Climate Risk
As the former central banker Mark Carney assumes leadership over Canada's government, experts are pointing to his comments on climate change risks to insurers as a watershed moment in appreciating the financial risks of a warming planet.
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March 13, 2025
Allstate Unit Data Breach Row Signals Shifting Cyber Risks
A New York attorney general suit against an Allstate unit is raising concerns about more aggressive state enforcement and data breach risks from insurers while emphasizing existing cyber risk and coverage issues that have long plagued policyholders.
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March 13, 2025
Meet The State Rep. Working To Bring Firearm Insurance To Ill.
As state and local governments consider the ways in which insurance can be used to regulate firearm use, Rep. Bob Morgan is leading the charge in Illinois, creating a task force to bring insurance experts and other related leaders together to formulate liability insurance for firearm owners. Here, Law360 speaks with Morgan as he works to discover whether a stand-alone policy or special endorsement can be used by individuals to promote safer firearm practices within the state.
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March 13, 2025
Insurers Must Cover Real Estate Cos. In False Claims Dispute
A pair of directors and officers insurers must provide coverage to real estate holding companies in an underlying False Claims Act whistleblower action, a Delaware Superior Court judge ruled, finding that a breach of contract exclusion does not bar coverage.
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March 13, 2025
Chubb Unit Can't Depose Smithfield CLO After 5-Year Lag
North Carolina's Business Court judge shut down a late deposition motion by a Chubb subsidiary seeking testimony from Smithfield Foods Inc.'s chief legal officer, criticizing the insurer for purportedly trying to open a "back door" to the coverage lawsuit's already-closed discovery process.
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March 13, 2025
Insurance Litigation Week In Review
Progressive's $48 million settlement for underpaying New York drivers was finalized, insurers escaped covering opioid litigation and claims, Viacom and National Amusements Inc. got to continue their quests for coverage of shareholder litigation, and California state legislators discussed insurance rates after the wildfires.
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March 11, 2025
Insurer Says It's Off The Hook For Pay Transparency Suit
Houston Casualty Co. said Tuesday that its liability insurance policy does not cover an underlying lawsuit accusing a Washington company that owns McDonald's franchises of violating the state's pay transparency law for job postings.
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March 11, 2025
Ex-Marvel Exec Asks Fla. Court To Revive Punitives Claim
Former Marvel Entertainment Chair Ike Perlmutter has asked the Florida Supreme Court to revive his punitive damages claim against his neighbor in a dispute over a hate mail campaign, arguing that the appellate decision blocking his claim breaks from decades of jurisprudence on punitive damages in Florida.
Expert Analysis
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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.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.