Insurance

  • January 10, 2025

    Justices To Review ACA Preventive Care Fight

    The U.S. Supreme Court agreed Friday to review a Fifth Circuit decision finding a task force setting coverage requirements on preventive care was unconstitutional, setting up a high-stakes battle over the Affordable Care Act that could affect individuals' insurance coverage for things like colon and breast cancer screenings.

  • January 10, 2025

    Insurer Says No Coverage For Unlicensed Electrician's Death

    An Oklahoma grocery store's insurer shouldn't have to cover litigation brought by the family of a man who died while performing electrical work because he was unlicensed and because the store, when obtaining its policy, said it didn't hire independent contractors, the insurer told a federal court.

  • January 10, 2025

    LA Fire Insured Damages Could Top $20B, JP Morgan Says

    Insured losses from wildfires still blazing through Los Angeles could exceed $20 billion, J.P. Morgan analysts said in client notes, a steep increase from the more than $12 billion California insurers incurred from the next costliest spate of wildfires in 2018.

  • January 10, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

  • January 10, 2025

    Taxation With Representation: Kirkland, Davis Polk, Wachtell

    In this week's Taxation With Representation, Constellation acquires Calpine, Cintas seeks a deal with UniFirst Corp., Stryker Corp. acquires Inari Medical Inc., and Paychex Inc. buys Paycor.

  • January 09, 2025

    Law Firm Cleared, Murdaugh Pal Liable In Insurance Trial

    A federal jury in South Carolina has found that a lawyer tied to Alex Murdaugh owes insurer Nautilus over $1 million for a role in an insurance fraud that was perpetrated when Murdaugh's housekeeper died, while a law firm was cleared of liability.

  • January 09, 2025

    Amgen Says Enbrel Protected By Legit Patents, Rulings

    Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.

  • January 09, 2025

    EV Co. Says Liberty Mutual Owes $25M In Construction Clash

    Vietnamese electric car company VinFast accused Liberty Mutual Insurance Co. in North Carolina federal court of wrongfully refusing to pay more than $25 million for a $40 million deposit bond related to the construction of a manufacturing plant in the state.

  • January 09, 2025

    J&J Spin-Off Says Talc Committee Can't Hire Brown Rudnick

    Johnson & Johnson's bankrupt spin-off called Brown Rudnick's bid to represent an official committee of talc claimants "an ethical violation," telling a Texas bankruptcy judge that the law firm's previous work for a group trying to toss the case clashes with the committee's support for its Chapter 11 plan.

  • January 09, 2025

    Mass. Hospital, Insurer Settle Pandemic Coverage Row

    A Massachusetts hospital and its commercial property insurer told a Boston federal judge Thursday that they had settled a suit over costs and lost revenue caused by the COVID-19 pandemic.

  • January 09, 2025

    NJ Firm Accused Of Malpractice Hid Facts, Insurer Says

    An insurer has told a New Jersey federal court that a law firm it insured had no coverage for malpractice allegations because it knew its attorney was accused of bilking a man's heirs out of estate assets years before the firm was sued for wrongdoing, but never told the insurer.

  • January 09, 2025

    Calif. Insurance Chief Blocks Policy Cancellation In Fire Zones

    Insurance companies can't cancel or refuse to renew homeowners coverage for policyholders in the immediate vicinity of the Los Angeles wildfires for one year, the California Department of Insurance announced as fires continue to ravage Southern California.

  • January 09, 2025

    White And Williams Elevates New Subrogation Dept. Chair

    White and Williams LLP has elevated a longtime subrogation partner to chair of the firm's subrogation department, in which he has practiced for more than 30 years.

  • January 09, 2025

    IRS Gets First Dibs On $1M BP Oil Spill Payout, 11th Circ. Says

    The IRS gets first priority to a $1 million settlement BP paid to a staffing company that racked up $23 million in federal tax debt and went bankrupt following the Deepwater Horizon oil spill, the Eleventh Circuit affirmed, denying an insurer's claim to the money.

  • January 08, 2025

    Captive Insurer Says Reinsurer Must Cover Legionnaires' Row

    The captive insurer of a Michigan healthcare system asked a federal court Wednesday to find that its reinsurer couldn't sell off coverage responsibilities and owes payment for underlying suits alleging various patients contracted Legionnaires' disease.

  • January 08, 2025

    Insurer Can't Duck Covering Wash. Developer In Flooding Suit

    An insurer can't yet escape providing coverage for a property developer accused of worsening flooding issues for several homeowners by clear-cutting trees without a proper drainage plan, a Washington federal court ruled, saying the policy could conceivably cover the injuries alleged in the underlying suit.

  • January 08, 2025

    Insurer To Fight Limits In Smucker's Salmonella Coverage Suit

    An insurer seeking a bigger contribution from its insured J.M. Smucker Co. may appeal a court ruling that found there was just one occurrence within underlying litigation against the food company over 225 batches of salmonella-tainted Jif peanut butter, an Ohio federal judge said Wednesday.

  • January 08, 2025

    Arbitrator In Virus Coverage Case Wasn't Biased, Panel Says

    A New York state appeals panel affirmed a trial court's decision refusing to disqualify a Pillsbury Winthrop Shaw Pittman LLP partner as an arbitrator in proceedings between a Zurich unit and the operator of Saks Fifth Avenue over coverage for COVID-19 losses.

  • January 07, 2025

    2nd Circ. Denies BDO Second Shot At AmTrust Appeal

    The Second Circuit Tuesday denied BDO USA LLP's request for a rehearing of an appellate panel's decision not to overturn a suit brought by AmTrust Financial Services Inc. that alleged the auditor did a poor job reviewing the insurer's financial statements.

  • January 07, 2025

    Liskow & Lewis Opens NY Office And Expands Maritime Team

    Liskow & Lewis APLC, a Gulf Coast-based firm focusing on matters in the energy sector, has opened an office in New York City and hired two new shareholders to lead the firm's maritime practice in New York.

  • January 07, 2025

    AT&T, Biz Groups Urge Justices To Back Cornell's ERISA Win

    Top business and employee benefits industry lobbying groups along with telecommunications giant AT&T urged the U.S. Supreme Court to uphold Cornell University's victory over a federal benefits lawsuit alleging retirement plan mismanagement, in a flood of amicus briefs at the high court before arguments later this month.

  • January 07, 2025

    J&J, Talc Suppliers, Insurers Spar Over $505M Sale Stay

    The former talc suppliers of Johnson & Johnson said Tuesday that staying part of a settlement and a connected bankruptcy sale could bog down their efforts to secure plan confirmations and exit Chapter 11, urging a Delaware bankruptcy judge to reject a motion to set aside $50 million from the $505 million deal while it is being appealed. 

  • January 07, 2025

    Insurer Seeks Exit From Engineering Co.'s $1M Settlement

    An engineering company's insurer told a Texas federal court it needn't cover the company's $1 million payment to settle a man's personal injury claims, arguing the company failed to give proper notice after the underlying court had already entered an over $7.2 million default judgment that was ultimately vacated.

  • January 07, 2025

    Fla. Crash Victims Can't Get Insurer Payout In Revised Suits

    A Florida state appellate panel has blocked three vehicle crash victims' attempts to collect $16 million from an insurer, saying that the company wasn't properly joined as a party by the time settlements were reached and that final judgments were issued in two separate lawsuits over the same incident.

  • January 07, 2025

    Property Owner Says Insurer Owes $16.2M For Fire Damage

    A Colorado property owner is seeking to recover $16.2 million from its insurer for property damage caused by the 2021 Marshall Fire, telling a federal court the carrier wrongly concluded the properties did not sustain direct physical damage in order to justify replacement costs.

Expert Analysis

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Mental Health Parity Rules: Tips For Plans And Issuers

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    Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Climate Among Many Factors Driving Up RE Insurance Costs

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    A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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