Specialty Lines

  • July 29, 2025

    UnitedHealth Urges 6th Circ. To Affirm ERISA Preemption

    UnitedHealth Group Inc. urged the Sixth Circuit to affirm the dismissal of a man's claims that UnitedHealth defrauded him into reimbursing the health insurance giant for $25,000, arguing that the Employee Retirement Income Security Act of 1974 completely preempts such claims brought under state law.

  • July 29, 2025

    No Coverage For $2.5M Herbicide Damage Row, Court Says

    An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.

  • July 28, 2025

    Insurers Sued Over Refusal To Cover Arbitration Defense

    Institutional financial services venture StoneX Group Inc. sued XL Specialty Insurance Co., Ironshore Indemnity Inc. and others in Delaware state court, alleging multiple unjustified refusals to provide defense coverage in arbitration over trade secret and no-compete violations by five employees.

  • July 25, 2025

    Nationwide Urges Mich. Justices To Let Unitary Tax Win Stand

    Entities of Nationwide urged the Michigan Supreme Court to reject the state tax agency's arguments that the insurance company's affiliates are required to file taxes as separate entities instead of as a unitary group that can share credits among its members.

  • July 25, 2025

    US Says Insurer Must Pay $5M Following Project Delays

    The U.S. government told a Virginia federal court that a Liberty Mutual unit owes an electrical subcontractor more than $5 million following delays for a school construction project at a Marine Corps base in Quantico, Virginia.

  • July 24, 2025

    Renewed Bid For National Reinsurer May Not Rein In Costs

    A revamped legislative proposal to create a national reinsurer would significantly change the federal government's role in insurance markets, but experts say it's not clear that the program would effectively address insurance cost and availability issues.

  • July 24, 2025

    Lincoln National Beats Investor Suit Over $2.6B Loss, For Now

    A Pennsylvania federal judge on Thursday tossed with leave to amend a proposed securities class action alleging that Lincoln National Corp. misled investors about its financial health before reporting a $2.6 billion net loss in 2022, finding that the investors didn't specify when Lincoln National had access to certain data and studies.

  • July 24, 2025

    Evolving California Wiretapping Law Challenges Policyholders

    The evolution of a California privacy law has generated extensive litigation around the use of personal data in commonplace or widespread web activity and has challenged policyholders, according to Amy Mushahwar, chair of Lowenstein Sandler's data, privacy and cybersecurity practice. She spoke to Law360 about the implications of the California Invasion of Privacy Act's new relevance in the digital age.

  • July 24, 2025

    Silica Injury Claims Reemerge As Pollutant Trend To Watch

    In what is considered by some as “the next asbestos,” lawsuits alleging injury due to silica exposure are ramping up and the way in which they unfold may bring coverage questions under commercial general liability policies center stage, policyholder attorney Jeff Kiburtz of Pillsbury Winthrop Shaw Pittman LLP told Law360. Here, he shares his optimism for policyholders' success in litigating these claims and why he believes this topic is one to watch in the CGL industry.

  • July 24, 2025

    Insurance Litigation Week In Review

    The Second Circuit ruled that a former New York state official is immune from the National Rifle Association's First Amendment suit, the Eighth Circuit said a Minnesota bar isn't entitled to nearly $2 million for an arson, and the Eleventh Circuit affirmed a Georgia church's $1.75 million coverage win. Here, Law360 takes a look at the past week's top insurance news.

  • July 23, 2025

    Insurer Says No Coverage For Poor Financial Advice Claims

    An insurer for a wealth management firm told a Tennessee federal court it should owe no coverage over two couples' arbitration petitions claiming that its CEO's advice to switch life insurers caused the couples to lose roughly $6.85 million, all while the executive allegedly profited from commissions.

  • July 22, 2025

    Phone Co.'s Stockholder Disputes Not Covered, Insurers Say

    A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.

  • July 22, 2025

    Insurer Denied Quick Win In Staffing Co. Injury Coverage Row

    A Massachusetts federal court refused to rule that an insurer has no duty to defend or indemnify a staffing agency and its produce distributor client in an underlying worker injury suit, saying a genuine dispute of material fact exists over whether the worker qualifies as an "employee" under the policies.

  • July 21, 2025

    Baldoni's Insurer Says No Coverage For Lively Suit

    An insurer for Justin Baldoni told a New York federal court Monday it owes no coverage to the "It Ends With Us" lead and director, his production company and other officers for co-star Blake Lively's lawsuit accusing Baldoni of sexual harassment, arguing the insureds failed to give proper claim notice.

  • July 21, 2025

    Travelers Unit, NC Door Maker Settle Excess Insurance Fight

    A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.

  • July 21, 2025

    Hartford Unit Must Cover Drug Test Co. In False Results Suit

    A Hartford unit must cover a drug testing company in a suit over false positive tests, a Virginia federal court ruled, finding that the suit was not related to a prior proposed class action filed during another insurer's coverage period.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 17, 2025

    Top Legal Developments That Could Impact LA Fire Aftermath

    While the full consequences of a series of devastating wildfires that struck Los Angeles in January are still becoming clear, insurance experts and attorneys have pointed to a series of lawsuits and decisions as having important implications for the city's recovery.

  • July 17, 2025

    Insurance Litigation Week In Review

    Florida's insurer of last resort was hit with a lawsuit over its use of arbitration, an insurer sought to limit its coverage exposure for 175 silica injury lawsuits to a single policy and the Ninth Circuit issued a no-coverage ruling concerning a $58.5 million judgment over mishandled bodily remains. Here, Law360 takes a look at the past week's top insurance news.

  • July 17, 2025

    Insurer Says Pollution Exclusion Applies To Asbestos Suits

    A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies.

  • July 17, 2025

    Mass Deportations Could Raise Insurance Costs, Profs Say

    The Trump administration's mass deportation program could increase costs for insurance carriers and homeowners by reducing the number of undocumented immigrants so critical to the construction industry, business and insurance professors say.

  • July 17, 2025

    Oil Cos. Not Covered In Gas Exposure Suit, Markel Unit Says

    A Markel unit has no duty to defend or indemnify oil and gas companies in a suit over a worker's exposure to toxic hydrogen sulfide gas, it told a Texas federal court, saying the underlying suit did not allege an occurrence.

  • July 17, 2025

    5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions

    The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.

  • July 16, 2025

    Bojangles Insurer Must Cover Settled Rape Suit, Court Rules

    A Bojangles franchisee's insurer had a duty to cover it in a now-settled civil lawsuit alleging that a manager at one of the franchisee's locations raped an employee who was a minor, a Georgia federal court ruled Wednesday, finding that one of two coverage forms at issue was triggered.

  • July 15, 2025

    Medicaid Cuts Pose 'Frontal Assault,' Penn Law Prof Says

    Allison K. Hoffman, a health insurance regulation expert at the University of Pennsylvania Carey Law School, talks about the wide-ranging impacts of the cuts coming to Medicaid funding.

Expert Analysis

  • What Disparate Impact Order Means For Insurers' AI Use

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    A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • Atty Insurance Implications Of Rising Nonclient Cyber Claims

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    As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.

  • Addressing D&O Allocation Questions Amid Shifting Economy

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    As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 5 Insurance Types For Mitigating Tariff-Related Trade Losses

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    The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.