Insurance Trending Topics

To help with your writing efforts, here’s what people are looking for in Insurance Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Delaware Court Dismisses Insurers’ Lawsuits Against Software Provider 

Consider writing about:

A Delaware court’s dismissal of insurers’ lawsuits against software provider Blackbaud over fallout from a 2020 ransomware attack; basis for the ruling by the Superior Court of Delaware; what this ruling may illustrate regarding the intricacies of subrogation claims, cyber insurance, and/or third-party liability; additional practical guidance related to the evolving cyber insurance landscape and rulings in other cyber insurance disputes.

Related information:
https://www.insurancebusinessmag.com/us/news/claims/court-dismisses-insurers-breach-claims-against-blackbaud-over-2020-cyberattack-532199.aspx

Trump Tariffs’ Implications for the Insurance Industry 

Consider writing about:

The impact on the insurance industry of the Trump administration’s trade policy and existing or potential tariffs. How might the tariffs impact policyholders, insurers, or the overall insurance sector? What are the most likely repercussions, and for whom? What types of insurance coverage might address tariff-related business disruptions or other economic losses? How can policyholders prepare for the tariff-related impacts on their insurance coverage? What adjustments might they want to contemplate making to their coverage and their insurance portfolio?

Pet Insurance: A Concept to Cuddle Up to, or Not? 

Consider writing about:

Insurance for pets; how big of a business this is (in the country or region of your choice); whether pet insurance options have become more common (and perhaps more popular) as the veterinary industry has changed and as veterinary services costs have risen; what pet owners should consider when researching, negotiating, or renewing pet insurance policies; any noteworthy legal disputes involving pet insurance and coverage; any interesting innovations occurring in the pet insurance sector.

What to Know About Parametric Insurance [Ongoing] 

Consider writing about:

Parametric insurance; how it compares to more traditional forms of insurance; situations or needs for which someone might consider acquiring parametric insurance; how widely available this form of insurance coverage is; what to look for when assessing parametric insurance options.

A Refresher on Cyber Insurance Coverage’s Benefits and Limitations 

Consider writing about:

Practical tips regarding cyber insurance coverage. What is the conversation that insurers and clients should be having right now about this type of coverage, its role, and its applications and limitations (whether in and of themselves or in comparison to other types of insurance coverage that a policyholder might turn to in the event of, or anticipation of, data breaches)? What are some common or potential misunderstandings between insurers and clients regarding cyber insurance coverage, and how might disputes or litigation be prevented or minimized? Consider whether to include hypotheticals or whether to examine any recent rulings for practical takeaways.

Private Placement Life Insurance: Implications for Tax and Estate Planning, and More 

Consider writing about:

Private placement life insurance; what it consists of; who qualifies for it or whom it is best suited for; related tax advantages; potential downsides for individuals considering this form of insurance; concerns raised by legislators or others over private placement life insurance’s impacts.

Auto Insurer Hit With $100M in Punitive Damages 

Consider writing about:

A punitive damages verdict of more than $100 million against USAA Casualty Insurance Co.; what may account for the huge dollar amount of the jury verdict; whether USAA’s software was a significant issue contributing to the dispute or the jury verdict; what to know about “nuclear” verdicts (either specifically as they pertain to insurance disputes or more generally), circumstances that can open the door to these eye-popping dollar amounts, and how commonly these types of verdicts are reversed; how to anticipate and prepare for the possibility of a nuclear verdict.

Related information:

https://www.msn.com/en-us/autos/general/las-vegas-jury-socks-usaa-with-more-than-100m-verdict-in-car-crash-case/ar-AA1yy5ex

Data Breach Developments Within the Insurance Industry: What to Know 

Consider writing about:

Data breach lawsuits against insurance companies; whether these types of lawsuits are on the increase; noteworthy verdicts or settlements; any recurring patterns as to the types of data breaches that have been reported; how the insurance industry can improve its data security performance; practical guidance on responding to a data breach, communicating with affected individuals, and minimizing fallout from a breach.

How Climate Change Concerns May Be Reviving Calls for Insurance Reform 

Consider writing about:

How perceptions of climate change and its impacts are driving calls for insurance reform; what insurance reform would conceivably consist of; any substantive measures or actions you are seeing on this front; potential pressures or other changes the insurance industry should be aware of or may already be pivoting in anticipation of.

What’s Next for Executive Order on Gender-Affirming Care? 

Consider writing about:

Noteworthy developments involving gender-affirming care for young people; intent of President Trump’s recent executive order targeting gender-affirming care and insurance coverage for such care; basis for the executive order; impact of federal judges’ response to the executive order; where the executive order stands now; what’s next in the national-level battle over transgender care; what health care providers, insurers, and individuals should be considering at this point.

Related information:

https://www.whitehouse.gov/presidential-actions/2025/01/protecting-children-from-chemical-and-surgical-mutilation

Allstate Hit With Privacy Lawsuits Over Use of Driver Data 

Consider writing about:

Lawsuits against Allstate over the insurer’s collection and use of driver data; main allegations in the lawsuits; privacy laws at issue; key points in these cases involving consumer awareness and consent, and what constitutes consent; related disclosure obligations or best practices companies should follow when collecting and using consumer data.

Related information:

https://www.pcmag.com/news/allstates-driver-data-collection-sparks-class-action-lawsuit

https://gizmodo.com/texas-sues-allstate-for-collecting-driver-data-to-raise-premiums-2000549878

https://arstechnica.com/gadgets/2025/01/allstate-sued-for-allegedly-tracking-drivers-behavior-through-third-party-apps

A Guide to Flood Insurance 

Consider writing about:

Insurance policy options or other forms of coverage, relief, or assistance in the event of flood damage; common misconceptions about insurance for flood-related damage and what is, or is not, typically covered; additional factors to consider when seeking insurance coverage that will address flood damage; any instructive or otherwise noteworthy disputes over flood insurance claims; how businesses or individuals can best prepare for the possibility of flood damage; how to resolve disputes over insurance claims; how to maximize recovery under insurance policies.

Are Collusion Claims Still an Issue for Insurers and Health Care Providers? 

Consider writing about:

Trends involving collusion claims against health care and/or insurance providers; types of company activities at issue; consumer lawsuits, regulator actions, or legislative responses of note; any additional, emerging, or accelerating drivers fueling these claims; how the Trump administration is likely to regard this issue.

Artificial Intelligence and Insurance: Trends and Predictions 

Consider writing about:

Artificial intelligence and its impact on insurers and/or insureds, either from the standpoint of AI’s use within the insurance industry or AI’s use by insureds. How might an insured’s use of AI affect coverage for a financial loss? How are insurance companies addressing industries’ use of artificial intelligence? And how are states regulating insurers’ use of artificial intelligence? What trends are you seeing on any of these fronts, and what developments is 2025 likely to bring to the intersection of insurance and artificial intelligence?

How the TCPA Become a $2M Headache for UnitedHealthcare 

Consider writing about:

A $2.5 million settlement that UnitedHealthcare agreed to over alleged violations of the Telephone Consumer Protection Act; factors contributing to the dollar size of the settlement; related trends in TCPA litigation and enforcement; what other companies should keep in mind regarding TCPA obligations and related risks.

Related information:

https://www.usatoday.com/story/money/2025/02/03/unitedhealthcare-class-action-settlement/78180660007

Insurance Issues Triggered by Los Angeles Wildfires 

Consider writing about:

Insurance issues related to the massive Los Angeles wildfires. Among the possible points to choose from: how insurers, regulators, or legislators are responding to insurance needs in the wake of the wildfires; insurance challenges that existed for California property owners or for insurers prior to the wildfires, and how those challenges may evolve in the months ahead, in response to the disastrous fires; practical guidance on filing an insurance claim, pursuing compensation, and maximizing recovery (plus: related missteps to avoid).

Takeaways From 6th Circuit Ruling in Home Depot Data Breach Case 

Consider writing about:

A federal appeals court ruling in an insurance dispute stemming from a data breach that Home Depot experienced in 2014; what to know about the underlying dispute; what other policyholders may be able to learn from this case as regards available forms of insurance coverage for losses resulting from data breaches, coverage limitations or exclusions to watch out for, and issues to clarify before a data breach occurs.

Related information:

https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0005p-06.pdf

https://www.businessinsurance.com/home-depots-general-liability-insurers-relieved-from-covering-data-

Pointers on Pursuing Business Interruption Claims [Ongoing] 

Consider writing about:

Practical guidance for policyholders on filing claims involving losses from business interruption; what to know about available insurance for these types of incidents, and related coverage limitations or impediments to recovery; additional tips on increasing the chances of making a successful claim or contesting the denial of a claim.

What a New Calif. Law Means for Health Insurers’ Use of Artificial Intelligence 

Consider writing about:

A new California law that forbids the use of artificial intelligence to deny medically necessary health insurance claims; what to know about the insurance industry’s use of AI; how this state law could change industry practices; likely challenges in enforcing this law; related legal trends involving the determination of a “medically necessary” case and its handling by the health care or insurance sector.

Related information:

https://www.msn.com/en-us/technology/artificial-intelligence/it-is-now-illegal-to-use-ai-to-deny-a-medically-necessary-health-insurance-claim-in-california/ar-AA1x3bVB?

How COBRA Notices Can Create Legal Risks for Employers 

Consider writing about:

Potential liability risks that may arise for employers over COBRA notices; what employers should keep in mind regarding their obligations under the Consolidated Omnibus Budget Reconciliation Act; common COBRA-related misunderstandings, oversights, or other failings on the part of employers; instructive lawsuits or settlements involving deficient COBRA notices; recommended employer practices regarding the handling of insurance matters pertaining to terminated employees.

Implications for Insurance, Healthcare Industries of UnitedHealthcare CEO’s Killing 

Consider writing about:

The killing of UnitedHealthcare CEO Brian Thompson. Among the possible issues to explore: what should companies be addressing in the wake of his killing, especially as regards public perception of industry, reputation management, misinformation or disinformation on social media, executives’ personal safety, companies’ security measures or other obligations or best practices, and their related liability risks? How might the killing of Brian Thompson drive changes in the insurance or healthcare fields? How unusual is the terrorism charge being brought against suspect Luigi Mangione, what are the grounds on which that charge is being brought, and what will be the challenges for prosecutors in pursuing that charge? Also, consider whether to do a comparison between the United States and other countries as regards insurance industry trends (profits, coverage disputes, etc.), the cost of health care, and options and challenges for insureds or individuals seeking health care without adequate access to insurance coverage.

Related information:

https://apnews.com/article/unitedhealthcare-ceo-killing-luigi-mangione-fccc9e875e976b9901a122bc15669425

Insurance Pointers and Potential Pitfalls for Startups [Ongoing] 

Consider writing about:

Insurance issues that should be on the radar of startup companies or inexperienced business owners (whether broadly speaking, or in a specific industry or region of your choice); immediate priorities to address or common pitfalls or blind spots to be aware of; conversely, how to play “catch up” after the fact on insurance-related matters; how to find and vet insurance providers; what to look for in insurance policies; how to negotiate more favorable terms (and where one should or should not try cutting insurance costs).

Insurance Highlights From 2024: Give Us Your Take 

Consider writing about:

Your choice of three or more noteworthy trends or developments from 2024 involving insurance; reasons for your choices; their implications and potential impacts as we head into 2025; and any related practical guidance. Also decide whether to focus your piece on insurers or insureds, a specific insurance type, region, or affected industry, or whether to take a wider-angle approach to your piece.

Insurance Issues Stemming From Winter Storms 

Consider writing about:

Insurance issues for businesses or individuals affected by winter storms; insurance issues involving business interruptions, impacts on utility services, property damage, or other storm-related impacts; key policy provisions to review, ideally prior to a winter storm; other preparation measures worth taking; guidance on documenting damage, filing a claim, and anticipating potential questions or objections from insurers.

What Constitutes Bad Faith? 

Consider writing about:

The concept of “bad faith” in the insurance context; examples of bad faith practices or circumstances which may spark a bad faith claim; any noteworthy or recent rulings or other legal developments involving bad faith related to insurance matters, and lessons to be learned from those cases (from the perspective of either an insurer or an insured).

RFK Jr., Dr. Oz Tapped for Leadership Roles at HHS and CMS 

Consider writing about:

President-elect Donald Trump’s selections of Robert F. Kennedy Jr. and Dr. Mehmet Oz for key roles at the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services; potential implications for these entities’ direction, priorities, and enforcement; what health care providers, insurers, the drug and medical device industry, and others should know about these unconventional picks.

How Election Shake-Up Could Affect Affordable Care Act 

Consider writing about:

The outlook for the Affordable Care Act, given the results of this month’s national election; most likely changes in the near term, and whom they would most affect (whether regarding individuals or the insurance or health care sector); options for mitigating financial fallout from changes to, or expired provisions under, the Affordable Care Act; how much the GOP actually wants to change the Affordable Care Act; what the GOP has planned (if anything) to replace the Affordable Care Act.

Insurance Matters to Address Before or After a Natural Disaster 

Consider writing about:

Insurance issues related to natural disasters; types of insurance available (depending on the type of disaster and damage involved in a given situation); guidance on finding and vetting insurance coverage; pointers on navigating the claims process. Consider whether to frame your article from the standpoint of business owners, homeowners, or others. Alternatively or additionally, decide whether to do a trends-oriented look at how the frequency and magnitude of natural disasters are impacting the insurance industry and policyholders, or whether to focus your article on damage relating to a specific type of natural disaster, and any common misconceptions regarding insurance coverage and claims regarding that type of event.

Directors and Officers Insurance: Trends and Tips 

Consider writing about:

Directors and officers insurance; what companies need to know about the scope and limitations of this type of insurance; how to evaluate available forms of coverage; potential pitfalls to be aware of when assessing coverage options; significant court rulings or emerging liability risks that may increase the urgency of reviewing existing D&O coverage or changing coverage; any other noteworthy legal trends, cautionary tales, or interesting disputes involving D&O coverage.