Insurance

  • October 03, 2024

    NJ Mogul's Brother Says Lawyering Isn't Racketeering

    Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.

  • October 03, 2024

    Ex-GC Returns To Lead Massachusetts Insurance Division

    Massachusetts Gov. Maura Healey announced Wednesday the appointment of a veteran in-house counsel with government and corporate experience as commissioner of the state's Division of Insurance.

  • October 03, 2024

    Calif. Eateries End COVID-19 Coverage Fight

    The operators of two high-end Napa Valley restaurants told the Ninth Circuit they have agreed to end their suit seeking to recover pandemic-related losses from a Hartford unit following the California Supreme Court's ruling in a similar case that a virus exclusion didn't render limited virus coverage illusory.

  • October 02, 2024

    Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row

    An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.

  • October 02, 2024

    Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling

    A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.

  • October 02, 2024

    Ex-PBM Worker Says He Bribed Co-Workers In $160M Fraud

    A former employee of a pharmacy benefit manager told a Texas federal jury on Wednesday that he accepted more than $180,000 in bribes over five years from a Houston man accused of running a multimillion-dollar healthcare fraud, testifying that he would often accept money to bribe his co-workers with.

  • October 02, 2024

    Defense Atty Escapes DQ In $3M Transaction Row, For Now

    An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.

  • October 02, 2024

    State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle

    Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.

  • October 02, 2024

    Co. Nixes 2nd Insurer From Chemical Leak Defense Suit

    A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against a second insurer in Texas federal court, leaving one insurer remaining in the dispute.

  • October 02, 2024

    4th Circ. Says Murdaugh Can't Appeal Fraud Sentence

    Former South Carolina attorney Alex Murdaugh, who is serving life in prison for murder, was denied an appeal of a separate 40-year sentence after pleading guilty to stealing at least $9 million from clients by a Fourth Circuit panel that said he'd waived his right to appeal.

  • October 02, 2024

    Starr Says School Insurer Owes $1.9M For Abuse Settlement

    Starr Indemnity & Liability Co. said it is entitled to reimbursement for its $1.9 million portion of a $3.5 million settlement paid to resolve a sexual abuse suit against a California high school, telling a federal court that a school risk-sharing pool insurer is solely liable for the payment.

  • October 01, 2024

    Convicted CEO Narrows Fee Bid Against Conn. Utility Co-Op

    A former Connecticut utility CEO has dropped some attorney fee claims against his onetime employer following a jury conviction for stealing public funds, telling a federal judge on Tuesday to focus on a bid for fees should prosecutors choose to litigate a second indictment.

  • October 01, 2024

    Ga. County Urges Full 11th Circ. To Nix Trans Deputy's Win

    A Georgia county told the Eleventh Circuit on Monday that a health plan coverage exclusion for gender-affirming surgery is comparable to other exclusions in coverage and does not violate federal anti-discrimination laws.

  • October 01, 2024

    Calif. Judge Won't Let Insurers Slip Mold Coverage Suit

    A California federal judge mostly refused to allow a group of insurers to escape a suit filed by the owner and operator of a 231-unit California apartment complex seeking coverage for mold under a $69 million builders risk policy.

  • October 01, 2024

    Colo. Workers' Comp. Doesn't Exempt Employer Auto Insurers

    Workers who are injured in car accidents while on the job can sue their employers' auto insurance carriers for underinsured motorist coverage, even if they have received workers' compensation benefits, Colorado's supreme court concluded, finding no state law precluded it.

  • October 01, 2024

    Insurers Say $40M Hurricane Claims Must Be Arbitrated

    A group of insurers led by certain underwriters at Lloyd's, London urged a Louisiana federal court to reject a group of property owners' "last-ditch effort" to avoid arbitrating their hurricane damage claims totaling over $40 million, arguing the owners "don't dispute" that the arbitration provision in their policy is enforceable.

  • October 01, 2024

    Military Contractor's Widow Can Continue Death Benefit Suit

    A widow's pursuit of $670,000 in benefits following her husband's death in Afghanistan while training the country's police force can continue, an Illinois federal judge ruled, trimming claims against the man's employers and benefits administrators but leaving her breach of contract claim against an insurer intact.

  • October 01, 2024

    First Marshall Fire Trial To Decide Liability For All Plaintiffs

    A Colorado state judge ruled Monday that the first trial in consolidated lawsuits against Xcel Energy and telecom companies for damages related to a 2021 wildfire will decide liability for all plaintiffs unless they show a good reason to opt-out.

  • October 01, 2024

    Willis Towers Watson Inks $632M Sale Of Tranzact To PE Firms

    Insurance company Willis Towers Watson Plc, advised by Weil Gotshal & Manges LLP, on Tuesday announced that it is divesting its direct-to-consumer insurance distribution business Tranzact and selling it to Kirkland & Ellis LLP-advised private equity firm GTCR and Willkie Farr & Gallagher LLP-led technology services investment platform Recognize for $632.4 million.

  • October 01, 2024

    Doctors Were 'Bamboozled' By $160M Health Fraud, Jury Told

    A Houston man accused of defrauding the government out of $160 million by submitting false claims for diabetes medication is only guilty of creating a competitive business model, his attorney said Tuesday, telling a Texas federal jury it was "ridiculous" to say doctors across the country were "bamboozled" by an alleged scheme.

  • October 01, 2024

    Insurer Says Polaris Gave Late Notice Of Death, Burn Suits

    An excess insurer for a manufacturer of off-road vehicles said it should recover the $10 million it spent to help settle two lawsuits against the manufacturer over a fatal vehicle fire, telling a Minnesota federal court it was "severely prejudiced" by the manufacturer's claim notice delay.

  • October 01, 2024

    Battery Companies' Fire Cleanup Fight Trimmed In Ga.

    A Georgia federal judge trimmed a battery reseller and its recycling counterpart's lawsuit against their insurer over claims that the carrier failed to fully cover them after a two-week-long fire ravaged their property, finding that the insurer didn't owe additional coverage for the companies' personal property losses.

  • October 01, 2024

    Cyber Insurance Business Promotes Atty To General Counsel

    Cyber insurance company Cowbell announced Tuesday that it has promoted to serve as its general counsel an attorney who has served as its vice president of legal for more than two years.

  • September 30, 2024

    Pa. Bankruptcy Court OKs $53M Sale Of Nursing Homes

    A federal bankruptcy judge approved the proposed sale of nine western Pennsylvania nursing homes to affiliates of Kadima Healthcare Group for $53 million Monday, as part of Chapter 11 proceedings for more than a dozen facilities operating under the umbrella of Comprehensive Healthcare Management Systems.

  • September 30, 2024

    Chubb Units Avoid Nearly All Claims In Water Damage Suit

    A Connecticut federal court on Monday tossed nearly all coverage claims a commercial real estate company and its owner lodged against Chubb companies over plumbing issues at their headquarters, finding two of the defendant Chubb companies weren't parties to the policy at issue.

Expert Analysis

  • NJ Justices Clarify First-Party Indemnification Availability

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    In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.

  • Takeaways From Justices' Redemption Insurance Decision

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    The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.

  • A Crucial Step In Mediation: Preparing Your Client

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    Most U.S. courts have adopted standing orders that require all civil cases be mediated before being assigned to a trial calendar, so any lawyer involved in civil disputes must be knowledgeable about mediation — including the vital but often underutilized skill of preparing clients before mediation begins, says Jeffrey Lasky at Miles Mediation & Arbitration.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • 5 Critical Factors Driving Settlement Values In Cyber Litigation

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    Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Reps And Warranties Insurance Considerations As M&A Slows

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    The first six months of the year have seen increasingly favorable rates and policy terms for the representations and warranties insurance market, and policy purchasers are right to pay close attention to pricing, coverage, exclusions, structures and claims as the M&A market cools, say attorneys at Cooley.

  • 8th Circ. Insurance Ruling Spotlights Related-Claims Defenses

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    The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.

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