Expert Analysis

Madison Capital Action Displays SEC's Emphasis On Process

The U.S. Securities and Exchange Commission's recent enforcement action against Madison Capital reflects the SEC's... (more story)

6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circui... (more story)

Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a seco... (more story)

Property More

Fla. Panel Revives Hurricane Damage Suit Against Insurer

A Florida state appellate panel on Wednesday revived a condominium association's suit challenging an insurer's coverage denial for Hurricane Irma damage, finding that the trial court wrongly disregarded allega... (more story)

Tyson Can't Get $1.62M Award Hiked In Factory Fire Dispute

An Irish reinsurer has to pay only a $1.62 million arbitral award issued to Tyson Foods for a fire at a Tyson plant in Alabama, a New York federal court said, ruling against Tyson's request for a $22.5 million payout. 

Chubb Investor Can't Add Climate Proposal In Proxy Material

A D.C. federal judge declined to grant a preliminary injunction to a shareholder advocacy group suing Chubb for excluding its climate-related proposal from Chubb's yearly proxy materials, ruling Tuesday it has... (more story)

Church Owner Not Entitled To Extra Coverage For Fire Loss

An insurer doesn't owe additional coverage to the owner of a vacant church building beyond the $875,000 it already paid for a 2021 arson fire, a Missouri federal court ruled Tuesday, finding that the owner mat... (more story)

State Farm Drivers Denied Class Cert. In Car Value Suit

An Illinois federal court refused to certify a class of State Farm policyholders who accused the insurer of systematically undervaluing claims for totaled vehicles by applying a so-called typical negotiation a... (more story)

Trade Group Backs Insurers In Tanger's COVID Coverage Row

The trade organization American Property Casualty Insurance Association is urging North Carolina's justices to reverse an order adverse to a pair of insurers in a $50 million COVID-19 coverage fight, arguing i... (more story)

Eye Clinic's Hurricane Damage Suit Sent To Territorial Court

A federal judge in the U.S. Virgin Islands has sent back to territorial court an ophthalmology clinic's lawsuit seeking punitive damages from its insurers that allegedly underpaid claims resulting from Hurrica... (more story)

State Farm Inks $15.6M Deal In Totaled Car Payout Class Action

State Farm policyholders scored preliminary approval of a $15.6 million settlement in Arkansas federal court Friday, resolving claims the insurer systematically undervalued totaled vehicles, almost a year afte... (more story)

Reel Justice: 'Mercy' And Private Surveillance As Evidence

The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must ex... (more story)

Insurance Litigation Week In Review

The U.S. Supreme Court refused to review an insurer's management fee dispute, a Colorado court makes a call on the complete defense rule, and an Ohio court finding on defense of trafficking suits. Law360 has t... (more story)

General Liability More

Berkshire Must Defend Trulieve In Worker Death Suit

An insurance company that is a unit of Berkshire Hathaway had an obligation to defend Trulieve Inc. against a Massachusetts wrongful death lawsuit brought by the family of a cannabis worker, a Florida federal ... (more story)

Wash. Smoke Shops, Insurer Settle Kratom Death Suit

An insurance company has reached a deal with two Washington smoke shops to end a dispute in which the insurer argued its policies did not cover defending retailers in a suit by a father who claims they sold kr... (more story)

Travelers Unit Hit With Bad Faith Suit Over $241M Jury Verdict

A Travelers unit recklessly disregarded its insured's interests in litigation that resulted in a $241 million verdict in favor of the family of a man who died while transporting dry ice for a Prairie Farms sub... (more story)

Penn National Needn't Cover $2.2M Lead-Paint Tort Judgment

Pennsylvania National Mutual Casualty Insurance Co. has no obligation to cover a $2.2 million judgment won by a man alleging he was exposed to lead-based paint at a Baltimore property where he resided when he ... (more story)

Ill. Judge Keeps Coverage Fight Over $20M BIPA Deal Alive

An Illinois federal judge on Friday rejected an insurer's bid for summary judgment in a suit seeking coverage for a $20 million settlement of biometric privacy claims, saying disputes remain over whether it wa... (more story)

Nationwide Need Not Cover Marker Makers' Trade Secret Fight

Four Nationwide units have no duty to defend a marker manufacturer in an underlying suit by a competitor alleging it colluded with former employees to use trade secrets and other proprietary information, a Pen... (more story)

Retailers Not Covered In Trademark Infringement Dispute

An insurer has no duty to defend a home goods retailer accused of using another company's trademark in its online advertising and marketing, an Illinois federal court ruled, finding that the underlying suit do... (more story)

Timeshare Exit Patrons Seek Wash. Justices' Insurance Input

Former Timeshare Exit Team customers who claim the now defunct firm's insurers failed to defend it from a consumer protection class action that yielded a $630 million deal have suggested that a Seattle federal... (more story)

Berkshire Hathaway Unit Must Face Suit Over $3M Verdict

A Berkshire Hathaway unit serving as primary insurer for a commercial property owner can't escape an excess insurer's allegations that it mismanaged settlement discussions preceding and following a $3 million ... (more story)

High Court Asked To Review $168M Trade Secret Award

Tata Consultancy Services Ltd. has asked the U.S. Supreme Court to review a Fifth Circuit ruling that upheld a $168 million judgment in a trade secret case, arguing the decision allowed an unjust enrichment aw... (more story)

Specialty Lines More

Law Firm Not Insured By Cyber Policy After $158K Email Scam

Two cyber insurers don't owe coverage to a Mississippi law firm after a fraudster used a false identity to hoodwink the firm out of more than $158,000 by procuring legal services to secure an owed debt that tu... (more story)

NJ Justices Reluctant To Stick Zurich With $2M UIM Bill

The New Jersey Supreme Court on Tuesday appeared skeptical that a TJX Cos. employee can recover up to the full $2 million limit in his employer's auto policy with Zurich American Insurance Co., rather than its... (more story)

Insurer Says Yale Was 'Misleading' In $4.1M Transplant Claim

A Liberty Mutual unit accused Yale University's health system of making "serious and material misstatements" about a plan member's bone marrow transplant, the insurer said in its answer and counterclaim for a ... (more story)

AIG Unit Owes Law Firm For Defending CEO, Fla. Jury Told

A lawyer told Florida jurors in a federal trial Monday that an AIG unit owes him more than $1 million in costs for defending a sports memorabilia company's former CEO against securities violations, saying the ... (more story)

Protecting Privileged D&O Information In The AI Era

Courtney C. T. Horrigan of Reed Smith LLP spoke to Law360 Insurance Authority about the effectiveness of confidentiality agreements as a safeguard for both insureds and carriers and the need for vigilance with... (more story)

Atty Loses Coverage For Wife's Employer Trade Secret Suit

A professional liability insurer for a law firm owes no coverage for a suit against the firm's named partner alleging he coordinated with his wife to steal trade secrets from a corporate client where his wife ... (more story)

Insurer Need Not Cover Parkinson's Drug Antitrust Dispute

An insurer does not owe coverage in an antitrust suit accusing a pharmaceutical company of suppressing generic versions of the Parkinson's treatment Apokyn, a Maryland federal judge ruled, finding the dispute ... (more story)

Witness AI Usage Is The Next Privilege Battle In Civil Litigation

Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisi... (more story)

How 2 Decisions Reframed Witness-Centered Trials

The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasi... (more story)

3 Policy Lines To Revisit After Justices Nix Emergency Tariffs

The U.S. Supreme Court's invalidation of President Donald Trump's emergency-based tariffs could expose businesses to allegations of misrepresenting tariff effects and raise the prospect of consumer actions see... (more story)