Specialty Lines
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September 04, 2025
Progressive Class Cert. Reversals Point To Claim Individuality
Progressive Insurance secured another class certification reversal in a lawsuit over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, and one of the carrier's attorneys praised the Fourth Circuit for finding that the issues at hand are individualistic in nature. King & Spalding LLP's Jeffrey Cashdan spoke to Law360 about that victory and two others for the carrier in the circuit courts.
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September 04, 2025
Life Insurer Accused Of Policy Rescission Scheme
A life insurer violated Arkansas law by broadly denying policy benefits to residents for reasons causally unrelated to a given policy owner's death, a woman told a federal court, saying the state Legislature expressly prohibited such conduct more than 10 years ago.
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September 04, 2025
Insurance Litigation Week In Review
The Delaware Supreme Court refused to take up a midcase appeal in Mattel's suit over coverage for unsafe sleeper claims, the Eighth Circuit affirmed an apartment complex's $27 million award against Travelers and the Fifth Circuit heard arguments over a group of domestic insurers' bid to arbitrate hurricane damage claims. Here, Law360 takes a look at the past week's top insurance news.
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September 04, 2025
Chinese Insurers Leading Race To Cover Renewable Energy
The global renewable insurance market grew from $5.65 billion in 2020 to $8 billion in 2024, with insurers from China underwriting most premiums in recent years, analysis from a campaign group shows.
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September 03, 2025
Investment Co. Founder's Life Insurance Award Dropped To $1
The Fourth Circuit affirmed Wednesday that a jury did not have sufficient evidence to conclude that historian and investment firm founder Malcolm Wiener suffered $16 million in damages over a canceled life insurance policy, saying Wiener may only recover $1 in nominal damages.
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September 03, 2025
Insurer Escapes Duty To Cover Lab's Suit Over COVID Tests
Continental Casualty Co. is not obligated to cover a Pennsylvania laboratory in an underlying lawsuit brought by a COVID-19 test manufacturer that accuses the lab of neglecting its responsibilities and falsely disparaging its tests, a Pennsylvania federal judge ruled Friday, finding the claims are barred due to two exclusions within the insurer's policy.
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September 03, 2025
Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes
The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.
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August 29, 2025
8th Circ.'s 'Erie Guess' Affirms Apt. Co.'s $27M Insurance Win
A partially split Eighth Circuit panel affirmed an apartment complex's $27 million jury award against Travelers Insurance, holding that an expert's testimony about the presence of carcinogenetic soot is sufficient to support the verdict that a fire on the property caused "direct physical loss of or damage to" unburned sections.
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August 28, 2025
Katrina's Insurance Lessons Ever Relevant 20 Years Later
Hurricane Katrina's landfall in New Orleans 20 years ago was an unprecedented catastrophe that resulted in financial consequences and insurance lessons that are more relevant today than ever, as fossil fuel-induced climate change promises more intense storms, experts say.
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August 28, 2025
Team Says Insurer Owes $5.5M Over MLB Negotiations Deal
An Oregon baseball team called the Salem-Keizer Volcanoes told a New Hampshire federal court that an insurer for the association behind Minor League Baseball must cover its $5.5 million judgment against MiLB over claims that MiLB snubbed the Volcanoes out of an overarching agreement with the major leagues.
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August 28, 2025
Crop Insurance Changes Bring Needed Funding Boost
The U.S. Department of Agriculture's Risk Management Agency implementation of enhancements to federal crop insurance programs under the One Big Beautiful Bill Act includes a funding boost to programs, but leaves some industry experts hoping there's more legislation to come.
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August 28, 2025
Rhodium Founders Defend D&O Coverage Request In Ch. 11
Founders of cryptocurrency mining firm Rhodium are defending their request for leave to pursue payouts from the company's directors and officers insurance policy, saying an ad hoc group's protests fell flat since any shortfalls in coverage would primarily affect the founders and the outcome would not change based on sufficiency of the coverage.
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August 28, 2025
Insurance Litigation Week In Review
The Fourth Circuit erased class certification in a lawsuit challenging Progressive's coverage of totaled vehicles, the First Circuit said an insurer had no defense obligations over an eviction scheme alleged at a senior living facility and the Ninth Circuit assessed the "unconscionability" of liability language in an aircraft service agreement. Here, Law360 takes a look at the past week's top insurance news.
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August 26, 2025
Clause Not Unconscionable In Jet Damage Row, 9th Circ. Says
A "limitation of liability" provision that an aircraft services company used in a "landing card" agreement for arriving aircraft wasn't unconscionable under Nevada law, the Ninth Circuit ruled, siding against an insurer demanding that the company reimburse it for damage to a private jet stored at a Las Vegas airport.
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August 21, 2025
AI Tools Spark Debate Over Insurance Policy Interpretation
An artificial intelligence tool drafts an insurance policy and makes a note of potential inconsistencies in language.
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August 21, 2025
Court Refuses To Split IT Co.'s Settlement Coverage Claims
A Colorado federal court refused Thursday to separate and stay an information technology company's bad faith claims against a Chubb unit and malpractice claim against a law firm in a dispute over coverage for a $3.4 million underlying judgment.
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August 21, 2025
Q&A: Lawmaker Takes Aim At High Property Insurance Costs
Finding ways to make property insurance more affordable in New York is the intended outcome of a New York State Senate investigation into a crisis that's threatening to price people out of their communities, said the chair of the senate's insurance committee.
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August 21, 2025
Why Del. Policyholders Should Heed CVS Opioid Claim Loss
The Delaware Supreme Court's refusal to reverse a lower court's ruling that CVS Corp. isn't owed coverage for government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices marks a concerning turn for policyholders incorporated in the state, a policyholder attorney told Law360.
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August 21, 2025
Pa. Firm Lacked Standing To Sue Legal Malpractice Insurer
A Philadelphia law firm that dropped its bad faith lawsuit against its insurer was not a true legal entity and never had standing to sue for coverage of a legal malpractice case that ended in a $600,000 judgment, a Pennsylvania federal judge ruled Thursday.
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August 21, 2025
Insurance Litigation Week In Review
Units of Chubb and AIG don't owe coverage to CVS in suits over the opioid epidemic, BP and Chevron needn't reimburse a surety $11 million, a reinsurer must face investors' misrepresentation claims, and an Allianz insurer must pay $23 million in damages and interest in an asbestos coverage suit.
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August 20, 2025
Reinsurer Must Face Investors' Omission Suit, 3rd Circ. Says
The Third Circuit Wednesday wiped out Maiden Holdings' summary judgment win over investors accusing the reinsurance company of misrepresenting its underwriting and risk management practices, saying the district court misapplied U.S. Supreme Court precedent regarding the materiality of withheld information.
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August 20, 2025
Yacht Brokerage Fights Judge's Exclusion Reading
A yacht brokerage trade group urged a Florida federal court to reject a magistrate judge's recommendation freeing a professional liability insurer from covering the group in an antitrust class action, arguing that the magistrate judge misinterpreted a "standard setting" exclusion.
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August 19, 2025
Manufacturing Cos. Score $23M Win In Lengthy Asbestos Suit
Two manufacturing companies involved in a long-running dispute over coverage for asbestos bodily injury claims have won $23 million from an Allianz unit for damages and interest, with a New York trial court finding the manufacturers properly determined claim liabilities.
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August 19, 2025
Credit Union Seeks Coverage For ITM Hack, Fraud Schemes
An insurer owes nearly $715,000 for two separate losses a credit union incurred after a crime ring hacked a number of its interactive teller machines and a counterfeit check fraud scheme affected multiple account holders, the credit union said in a lawsuit removed to Delaware federal court.
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August 18, 2025
NJ Law Firm Not Covered In Malpractice Suit, Court Says
An insurer has no duty to defend or indemnify a Princeton law firm against a malpractice suit alleging that one of its attorneys assisted a client in misappropriating her husband's assets, a New Jersey federal court ruled Monday, finding that a prior knowledge exclusion bars coverage.

Cyber Claims May Hide AI-Related Risks, Insurer Atty Warns
Insurers long concerned about the risks posed by artificial intelligence tools that their companies and vendors are using may find a limited window into the scope of that threat in the current claims environment. TittmannWeix partner Judith Selby, who represents insurers on cybersecurity risk and tech errors and omissions policies, spoke to Law360 about AI claims.

Rising Facial Recognition Suits May Fuel BIPA Coverage Rows
Growing public scrutiny and lawsuits around the use of facial recognition technology reveal the insurance risks that companies face under Illinois' biometric data privacy law, contributing to an already hot area of dispute for coverage.

Abuse Claim Influx Raises Insurance Woes For Calif. Schools
Legislation in California eliminated a number of claim prerequisites and the statute of limitations for childhood sexual assault survivors pursing litigation against public entities, but five years later insurance experts are sounding the alarm as to how this legislation has impacted public schools' ability to procure adequate liability coverage at a reasonable cost.
Expert Analysis
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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It Ends With Us Having No Coverage?
A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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A Look At NAIC's Proposed Tool For Evaluation Of Insurer AI
The National Association of Insurance Commissioners' recently proposed tool that would enable regulators to assess risks posed by insurers' use of artificial intelligence takes a more expansive approach than the organization's 2023 model bulletin, which focused primarily on consumer risks, say attorneys at Eversheds.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling
The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.
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How NY Appeals Ruling Alters Employers' Sex Abuse Liability
In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.
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What Calif. Insurance Ruling Means For Smoke Damage Limits
As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
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'Loss' Policy Definition Is Key For Noncash Settlements
A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.