General Liability
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September 16, 2024
TIAA Faces Class Claims Over 2023 Cyberattack
The Teachers Insurance Annuity Association of America and its life insurance subsidiary were sued in New York federal court by a proposed class alleging the company failed to protect the personal data of current and former clients and allowed a 2023 data breach.
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September 16, 2024
Insurers Bring Curtain Down On 'Cats' Tour Injury Dispute
Two insurers agreed to settle a dispute in Massachusetts federal court over coverage for a touring production of "Cats" at a Rhode Island theater where an employee was severely injured by set equipment.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Insurer Says Ga. Club's Coverage Ends When Guns Come Out
Trisura Specialty Insurance Co. has asked a Georgia federal court to rule that it should not be held liable for claims arising from a January 2022 shooting at a bar that injured several patrons.
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September 13, 2024
USC Sex Abuse Coverage Dispute Dropped After Doc's Death
The University of Southern California and several of its insurers dropped a dispute over coverage for sexual assault allegations against disgraced gynecologist Dr. George Tyndall, which comes after the death of the doctor in October 2023.
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September 12, 2024
Towers Watson Can't Duck Bump-Up Exclusion, 4th Circ. Told
Towers Watson's latest effort to get its directors and officers insurers to fund a $75 million settlement in a shareholder suit over its merger with Willis should be tossed, the insurers told the Fourth Circuit, saying the bump-up exclusion unambiguously applies to bar coverage.
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September 10, 2024
Cybersecurity Co. Beats Suit Over Med Tech Data Breach
A Massachusetts federal judge declined to hold information security technology company Barracuda Networks Inc. liable over a 2018 data breach that exposed the confidential information of more than 277,000 patients of medical device maker Zoll Medical Corp.
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September 10, 2024
London Reinsurance Sector Grew To £11B In 2023
The value of reinsurance transactions written in the London company insurance market grew by 33% in 2023 on the back of a harder pricing environment, according to figures published Tuesday by a trade body.
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September 09, 2024
No Coverage For BNSF In Flood Suit, Travelers Says
Two Travelers units told a California federal court that they owe no additional insured coverage to railway giant BNSF over claims that a track relocation project it undertook caused significant flooding on a property owner's land.
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September 05, 2024
3rd Circ. Relieves Insurer Of Additional UIM Coverage
The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.
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September 05, 2024
Notable D&O Rulings Of 2024 So Far
The U.S. Supreme Court’s corporate disclosure ruling, a California federal court’s take on advancement of subpoena-related defense costs and conflicting Delaware state court decisions on the enforcement of no-action clauses have set up 2024 as a big year for director and officer coverage rulings. Here, Law360 looks at five notable D&O rulings from the year so far.
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September 05, 2024
Insurers Face Divided Regulator Response To AI Use Risks
Insurers are increasingly exploring methods for implementing artificial intelligence systems, and regulators across the United States are taking a variety of approaches to address concerns that such systems may exploit personal information or unfairly discriminate against consumers. Here, Law360 consults state insurance agencies to map out the insurer AI guidance landscape.
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September 05, 2024
Insurance Litigation Week In Review
The Fifth Circuit declined to revive a proposed global settlement related to the 2010 BP oil spill, a Hawaii federal judge determined a coverage dispute stemming from the 2023 Maui wildfires belonged in state court, and an Aon unit sought at least $140 million in damages from a Chinese bank.
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September 05, 2024
Mound Cotton Brings On Litigation Duo In Fort Lauderdale
Mound Cotton Wollan & Greengrass LLP, which represents insurance companies, secured a pair of new partners for its Fort Lauderdale, Florida, office, one from Zelle LLP and another from Kelley Kronenberg.
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September 04, 2024
AIG Avoids Defending Retailer Against Ghost Gun Lawsuits
Two AIG units have no duty to defend a Texas-based firearms retailer against three lawsuits alleging that it knowingly sold unfinished firearm components that would later be assembled into untraceable "ghost guns," a New York federal court ruled, finding the underlying claims do not allege a covered occurrence.
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September 03, 2024
Pharma Co., State Street Hit With Pension Annuity Suit
Bristol-Myers Squibb retirees hit the pharmaceutical giant and its investment adviser, State Street, with a class action Tuesday in New York, alleging they breached their fiduciary duty to pensioners by converting pension benefits into annuity insurance contracts using a provider that wasn't the safest available.
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September 03, 2024
Landlord's Insurer Says Other Carrier Must Cover Death Suit
The insurer of a New Jersey restaurant must provide additional insured coverage to the restaurant's landlord in an underlying wrongful death suit, a Travelers unit told a federal court, saying Travelers shouldn't be the one to foot the bill for the landlord's defense costs.
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August 30, 2024
Condo Board Coverage Suit Over Maui Wildfire Gets Tossed
A Hawaii federal judge tossed an insurer's suit seeking to avoid representing a condo association and property manager after owners sent a letter blaming the association for illegally having insufficient insurance before the 2023 Maui wildfires decimated Lahaina, concluding matters were best left to Hawaii state court.
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August 29, 2024
Insurer's $20M Tribal Loan Claim Goes To Fed. Claims Court
An Ohio federal judge has transferred a challenge to Interior Secretary Deb Haaland over the agency's cancellation of a $20 million tribal loan guarantee to Federal Claims Court, arguing this week that the sole alternative of an outright dismissal would be detrimental to the interests of justice and judicial economy.
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August 29, 2024
Panel Tosses Insurer Dispute Over Drowning Death Coverage
It's too early to determine whether Farmers Insurance Exchange and Cincinnati Insurance Co. must both provide excess coverage to a property manager facing potential liability for a drowning, a Texas state appeals court ruled Thursday, finding the court lacks subject matter jurisdiction.
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August 29, 2024
DOJ Whistleblower Program Could Prompt D&O Policy Review
The U.S. Department of Justice's rollout of its new corporate whistleblower program should spur policyholders to examine their directors and officers insurance policies for potential gaps and consider alternative options to supplement coverage for the company, experts said.
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August 29, 2024
Building Codes Key Part Of Mitigating Insurance Risks
Property and casualty insurers have highlighted resilient building as a way to address burgeoning property risk, but experts told Law360 the government alone cannot be expected to improve insurance outcomes without engagement from state and local jurisdictions and private organizations on issues like building codes and federal grants.
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August 29, 2024
Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud
An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.
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August 29, 2024
Insurance Litigation Week In Review
AmWay kept a $37 million win despite a Sixth Circuit split, Georgia's appeals court opened ride-sharing service insurers up to claims, SXSW settled its COVID-19 cancellation dispute, and a store sought coverage for a civil conspiracy suit related to a death caused by the son and eventual murder victim of killer attorney Alex Murdaugh.
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August 29, 2024
Segal McCambridge Eyes Tampa Shop With Gordon Rees Hire
Segal McCambridge Singer & Mahoney Ltd. has brought on the former assistant managing partner for Gordon Rees Scully Mansukhani LLP's Tampa, Florida, office as an insurance and complex commercial litigator as the firm plans to open its own first office in Tampa in the coming months.
Expert Analysis
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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Policyholders Must Object To Insurer Reorganizations
When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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3 Pointers From Tilton Case To Help Win Advancement Suits
The Delaware Superior Court’s refusal to let Lynn Tilton sue her advancers for legal fees, ruling she had not yet attempted to negotiate in good faith, suggests that policyholders may fare better if they attempt proactive strategies to narrow disputes over advancement agreements before taking their insurers to court, says Evan Bolla at Harris St. Laurent.
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What Insurers Gain When Litigating Coverage Denials
Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
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NY Wrongful Death Law Revamp Retains Original's Drawbacks
If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.