Judges Hint Aetna, Rockefeller University Fight Needs Discovery

New York appellate judges on Wednesday pushed back against insurers’ argument they can’t be sued for deceptive business practices for refusing to provide more than $700 million in coverage for sexual assault lawsuits faced by Rockefeller University.

An attorney for the insurers—Aetna Casualty & Surety Co. and Chubb—argued that deceptive business practice claims can only be applied to consumer-oriented conduct, which doesn’t apply to Rockefeller’s “highly complex, high-value, bespoke” business insurance policies. But at least three judges on the five-judge panel suggested they can’t come to that same conclusion without more evidence.

“You’re asking us to make that finding with ...