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Insurance
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May 31, 2024
Ga. Skate Rink Calls Insurer's Policy Interpretation 'Worthless'
The owner of an Atlanta skate rink told a Georgia federal judge Thursday that its insurance company's bid to get out of defending a rape liability suit is a nonstarter, arguing that the insurer's take on its policy would render it "illusory, meaningless, and worthless."
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May 31, 2024
Boat Owner's $1.85M Policy Void In Fire Dispute, Judge Says
A Florida federal court declared a yacht owner's marine insurance policy void from inception, saying the owner, who was seeking coverage for a 2023 boat fire, materially misrepresented the price of the vessel.
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May 31, 2024
Contractor, Insurers Settle NYC Four Seasons Coverage Row
A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.
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May 31, 2024
Former Allstate Lawyer Settles Disability Bias Suit
A former in-house lawyer at insurance giant Allstate has agreed to settle his dispute with the company alleging he was wrongfully fired because his doctor said he could no longer work on trials because of heart issues.
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May 31, 2024
4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit
The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.
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May 31, 2024
Child Care Center Says Insurer Duped It Into Less Coverage
A Texas child care center says that Century Surety Co. made false claims when it came time to renew an insurance policy, telling a federal court Thursday that the insurance company duped it into signing a policy that had coverage well below what the center thought it was getting.
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May 31, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen financier Crispin Odey file a defamation claim against the Financial Times, Ford hit with the latest "Dieselgate" claim and a human rights activist bring a privacy claim against Saudi Arabia. Here, Law360 looks at these and other new claims in the U.K.
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May 31, 2024
GRSM50 Brings On Clausen Miller Insurance Pro In SF
Gordon Rees Scully Mansukhani LLP, which now goes by the name GRSM50, is expanding its team, announcing Thursday it is bringing on a Clausen Miller PC insurance specialist as a partner in its San Francisco office.
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May 30, 2024
Healthcare Data Co. Says Blocked Access Could Kill Patients
A healthcare data company asked a Maryland federal court on Thursday to stop a rival from blocking access to nursing home patient records it said are needed to identify potential complications that could lead to hospitalization or death.
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May 30, 2024
Physician, Health Cos. Spar Over Docs In Fla. Qui Tam Suit
A doctor and several healthcare businesses accused each other of withholding evidence in a Florida federal False Claims Act lawsuit, with the doctor saying several key Zoom meeting records were destroyed, although the businesses have alleged the doctor refused to provide a financial agreement she made with a cohort.
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May 30, 2024
Chancery Sweeps Away Most Challenges To Broker's Control
Independent insurance distributor BRP Group Inc. has defeated most stockholder challenges to founder preapproval requirements for company actions, according to a Delaware Court of Chancery ruling upholding a consent and defense agreement established after the company was sued.
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May 30, 2024
Travelers Loses Dismissal Bid In BIPA Coverage Dispute
A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.
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May 30, 2024
Only $100K Owed For NJ Theater's Virus Losses, Judge Says
A Zurich unit owed a theater only $100,000 for its COVID-19-related losses under its policy's communicable disease coverage provision, a New Jersey federal court ruled, rejecting the theater's arguments that each public health order constituted a separate occurrence and that a "blanket" $1.9 million limit was applicable.
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May 30, 2024
Mich. Supreme Court To Hear Town Benefits Breach Case
The Michigan Supreme Court has said it will consider whether a village was entitled to coverage for damages it incurred in lawsuits from former employees who sued after the village decided to stop providing lifetime healthcare benefits, ordering oral arguments on an insurer's challenge to a state court's ruling.
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May 30, 2024
NC Insurance Mogul Chases Acquittal After Bribery Retrial
An insurance magnate besieged by litigation and twice convicted on charges of trying to bribe North Carolina's insurance commissioner is looking to undo the latest jury verdict, saying there wasn't enough evidence during the second trial to convict.
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May 30, 2024
Insurance Atty Fights For Lone Woman On Death Row In Miss.
Attorney A. Kate Margolis lives a double life: one, in which she fights on behalf of insurance policyholders as counsel at Bradley, and another, spent trying to save convicted murderer Lisa Jo Chamberlin, the only woman on Mississippi's death row.
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May 30, 2024
State Farm Says Atari Seeks Windfall With IP Suit Over Ad
State Farm Mutual Automobile Insurance Co. has urged a Texas federal judge to dismiss a copyright complaint from Atari Interactive Inc., saying the insurer did nothing wrong when it briefly used part of the 1980s arcade game Crystal Castles in a commercial to attract younger customers.
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May 30, 2024
Bottler Says It's Owed Defense In Wine Contamination Dispute
A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.
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May 30, 2024
Justices Revive NRA's Free Speech Claims Against NY Official
The U.S. Supreme Court ruled Thursday that the National Rifle Association can proceed with certain claims in its lawsuit alleging that a former New York state official violated the gun rights group's free speech protections by pressuring financial institutions to cut ties with it.
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May 29, 2024
Fla. Medicare Companies Get Class Cert. In Suit Against USAA
A Florida state court judge granted certification to a class of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer withheld policy information and intentionally passed its obligation to pay automobile injury claims downstream to other companies, according to attorneys representing the group of businesses.
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May 29, 2024
Surety Seeks Over $2.75M In Prison Fencing Work Coverage
A construction surety told a West Virginia federal court Wednesday that subcontractors for a prison fencing project must reimburse it for more than $2.75 million in losses it incurred while settling faulty work claims asserted by the project's general contractor.
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May 29, 2024
Honeywell Ends Suit Over $8.75M Bond For Army Base Work
A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.
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May 29, 2024
Benefits Trade Group Urges Changes To New York PBM Regs
A trade group representing large employers who sponsor employee benefit plans warned New York's insurance regulator that a proposal affecting pharmacy benefit managers — which act as intermediaries between pharmacies, drugmakers and insurers — will trigger litigation without changes before they're finalized to eliminate conflicts with federal benefits law.
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May 29, 2024
Nationwide Says Hyundai, Kia Owe $7.7M For Engine Claims
Nearly a dozen Nationwide insurers told a California federal court Wednesday that Hyundai and Kia are on the hook for 829 engine failure and engine fire claims totaling over $7.7 million in damages resulting from alleged engine defects in certain 2011-2019 vehicle models.
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May 29, 2024
Dealer Faults Trucking Co. For Damage To Yacht In $1.4M Suit
A North Carolina boat dealer is seeking a quick exit from a suit by a yacht owner seeking more than $1.4 million for damage that a yacht sustained during transport across the East Coast, arguing that the trucking company that was hauling the yacht is to blame.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How Calif. Video Recording Ruling May Affect Insured Exams
A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Understanding Insurance Is Key To Limiting Antitrust Liability
As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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5 Tips For Policyholders Arbitrating R&W Insurance Claims
With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.