Calfee's Tae Andrews Quoted in Law360 Insurance Authority Article "Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report"

Mentioned and Quoted

Calfee Insurance Coverage Senior Counsel Tae Andrews was quoted in the July 29, 2026, Law360 Insurance Authority article, “Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report.” The article highlights several significant cases to watch in North Carolina during the second half of 2026, including a closely watched insurance coverage dispute between Lowe's Home Centers LLC and a Chubb unit over a $10 million contribution to a wrongful death settlement.

The article, written by Hayley Fowler, explains that Lowe's and the Indemnity Insurance Company of North America are headed to trial concerning whether the insurance company wrongly with-held its consent to contribute its policy limits towards a $90 million settlement resulting from a fatal motor vehicle accident; Lowe's is claiming a breach of contract and violations of North Carolina's Unfair and Deceptive Trade Practices Act, whereas the insurer argues that Lowe's settled without securing the consent that was required by the policy.

Tae Andrews pointed out that the result will probably depend on whether the parties behaved reasonably during the entire course of the litigation and settlement process. He said that the main points concern whether Lowe's kept the insurer adequately informed and whether the insurer acted reasonably in refusing to give its consent to the settlement.

“A verdict for Lowe's could be a big win for policyholders and prove a deterrent for insurers, as it would make insurers think twice before unreasonably withholding their consent to pay for settlements of underlying lawsuits against their insureds,” Tae stated.

Tae further observed that several preliminary rulings have favored Lowe's, including decisions allowing the company to pursue treble damages and limiting the insurer's ability to recover attorney fees. He noted that those rulings may provide additional incentive for the parties to resolve the dispute before trial.

Read the full Law360 Insurance Authority article.

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Calfee’s Policyholder Insurance Coverage practice group has helped its clients manage and protect nearly $2 billion in insurance assets over the past few years. The team serves corporate insurance policyholder clients in Ohio and nationwide, helping them manage and minimize the risks, losses, and liabilities that pose threats. Calfee’s Insurance Coverage attorneys provide advisory and claims services, assisting clients with the placement and enhancement of their insurance policies, reviews of their existing policies, shaping and pursuing claims to get losses paid by their insurance companies, negotiating resolutions to disputed insurance claims, litigating coverage lawsuits against their insurers, and finding solutions for insurance coverage issues in corporate M&A deals. The team has experience with a wide array of policy types, from newer products such as cyber and M&A representations and warranties insurance, to more traditional policy forms such as commercial general liability (CGL), umbrella, excess, property, D&O, professional liability, and EPL policies, to more specialized policies such as builder’s risk, liquor, and aviation. Calfee's Insurance practice is ranked by Chambers USA 2025 in Band 1 in Insurance: Policyholder Law in Ohio. 

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