Specialty Lines

Expert Analysis

• 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

  

  The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

• What Del. Officer Exculpation Law Means For D&O Insurance

  

  Following a recent Delaware code amendment to allow corporate exculpation of officers, businesses considering whether to update their articles of incorporation accordingly should factor in the potential benefits respecting the availability and cost of directors and officers insurance, say Bryan Coffey and Peter Gillon at Pillsbury.

• 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

  

  The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

• Insurance Implications For Aircraft Grounded In Russia

  

  Russia's invasion of Ukraine and new law that allows the government to ground planes leased from foreign companies threatens massive losses for insurers in the aviation insurance market and necessitates a closer look at which policy exclusions may apply, say attorneys at Hinshaw.

• What Snap Removal Debate Means For Insurance Disputes

  

  A potential circuit split regarding the permissibility of snap removal to federal court, which allows defendants to circumvent the forum defendant rule, is particularly a concern in insurance cases due to the difficulty of removing such cases, and the perception that some state courts are more favorable to policyholders, says Greg Mann at Rivkin Radler.

• How D&O Insurers Can Limit Bankruptcy Exclusion Risks

  

  Amid challenging economic conditions, directors and officers underwriters can't always rely on insolvency exclusions to protect against insured's bankruptcy claims, but there are ways to limit risk exposure, like by adding creditor exclusions or sublimiting coverage, say Kristine Christ at Crum & Forster, and Scott Schechter and Joshua DiLena at Kaufman Borgeest.

• Questions Remain On Computer Fraud Coverage For Phishing

  

  There are questions regarding the applicability of computer fraud coverage to phishing scheme losses in the wake of the Ninth Circuit's decision in Ernst & Haas v. Hiscox earlier this year, with a backdrop of differing case results and evolving fact patterns over the past few years, say Robert Callahan and Melissa D’Alelio at Robins Kaplan.

• Insurers Must Be Vigilant About Cannabis Lounge Risks

  

  Because cannabis lounges face a number of unique risks, such as overserving cannabis to patrons, insurers and risk management providers must be able to recognize and properly address the full range of potential liabilities, say Jonathan Isaacson and Adam Nicolazzo at Kaufman Dolowich.

• Insurers Should Beware Risks From Digital Asset Losses

  

  Personal lines insurers should not underestimate the potential severity of future exposure to digital asset loss claims, and should consider protecting themselves with new underwriting practices and policy exclusions, say attorneys at Sidley.

• State Ransomware Payment Laws Raise Insurance Questions

  

  Recent Florida and North Carolina statutory prohibitions on government agencies' ransomware payments will not just affect public entities' response to ransomware incidents, but also require consideration from insurers whose policies may cover ransom payments, say Ted Brown and Mallory Meaney at Wiley.

• Anti-Kickback Circuit Split Holds Implications For Defendants

  

  The Eighth Circuit's recent decision in U.S. v. D.S. Medical represents a significant step toward holding plaintiffs to more exacting burdens of proof in Anti-Kickback Statute False Claims Act suits, and the outcome of the resulting circuit split could decrease estimated damages for defendants, say attorneys at Gibson Dunn.

• 8th Circ. Ruling Raises Bar For Anti-Kickback FCA Claims

  

  The Eighth Circuit's decision in U.S. v. D.S. Medical makes it more difficult for plaintiffs to claim that a violation of the Anti-Kickback Statute supports False Claims Act liability, but an emerging circuit split and uncertainty regarding evidentiary requirements must be considered when developing a defense strategy, say attorneys at Winston & Strawn.

• Insurance Tips For Cos. Offering Reproductive Health Benefits

  

  Post-Dobbs state laws allowing legal action against anyone who facilitates an abortion could lead to claims against employers providing reproductive health benefits, so companies must ensure their insurance policies afford sufficient protection for any novel claims, say Heather Habes and Gretchen Hoff Varner at Covington.