Insurance

  • June 20, 2024

    DOI Secretary Looks To Ax Insurer's $20M Tribal Loan Claims

    U.S. Department of the Interior Secretary Deb Haaland is seeking a win in a challenge over the cancelation of a $20 million tribal loan guarantee, arguing that an Ohio federal district court lacks subject-matter jurisdiction over Great American Life Insurance Co.'s remaining claims.

  • June 20, 2024

    Mich. Insurer Owes Tax On Mailed Ads, Appeals Court Says

    A Michigan life insurance company owes use tax on advertisements mailed by an out-of-state contractor, the Michigan Court of Appeals ruled Thursday, upholding a lower court's decision.

  • June 20, 2024

    Insurer Hit With Coverage Suit Over Ohio Grocery Shooting

    Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.

  • June 20, 2024

    No Coverage Owed For Totaled Vehicle, Ga. Panel Says

    A Georgia car dealership's insurer has no duty to cover costs it incurred after a man totaled his recently purchased vehicle while evading police, a state appeals court ruled, highlighting the distinction between an applicable exclusion and an invalid policy. 

  • June 20, 2024

    Meet The Bridgegate Atty For NJ Power Broker In RICO Case

    Law360 Pulse caught up with Michael Critchley Sr., counsel for recently indicted New Jersey Democratic power broker George E. Norcross III, and lawyers who know him about his decadeslong track record of successful legal defenses in high-profile cases and how he’s preparing for his latest challenge.

  • June 20, 2024

    2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit

    A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.

  • June 20, 2024

    Ill. Panel Says Insurer Off Hook For 23 Carbon Monoxide Suits

    An insurer doesn't need to defend a design firm against 23 allegations that its negligent work led numerous children and others to suffer injuries from carbon monoxide exposure, an Illinois appeals court panel found, affirming a lower court's ruling.

  • June 20, 2024

    Ga. Panel Says $3M Damages Should Be Cut In Crash Case

    The Georgia Court of Appeals reversed and vacated a trial court's $3 million compensatory damages award in a case in which a Southern Oil Refinery LLC truck driver rear-ended another vehicle, killing three people.

  • June 18, 2024

    The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap

    New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

  • June 18, 2024

    'Reckless' Behavior Centered In Climate Coverage Suit Args

    Attorneys for a Sunoco subsidiary and AIG offered sharply differing views to Hawaii's top court Tuesday in oral arguments over whether reckless behavior would trigger the oil company's liability coverage in a novel suit over coverage for underlying climate change claims.

  • June 18, 2024

    Condo's Historic Location Doesn't Bar Bombing Coverage

    The insurer for a Nashville, Tennessee, condominium owners association cannot use a historic structures exclusion to dodge covering the repair costs associated with damage caused by a bombing on Christmas Day 2020, a federal court ruled Tuesday.

  • June 18, 2024

    Insurer Countersues In Penile Implant Coverage Dispute

    An insurer has no duty to defend or indemnify a urologist, his medical device company or his practice in a proposed class action over a penile enlargement implant and procedure, the company told a California federal court, saying the underlying suit doesn't seek bodily injury damages that would trigger coverage.

  • June 18, 2024

    AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims

    An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.

  • June 18, 2024

    Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case

    Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.

  • June 18, 2024

    Insurers Must Keep Defending Heating Oil Co. In Class Suit

    Two Crum & Forster units must continue defending a heating oil company and several executives in a class action claiming the company provided oil with elevated levels of biodiesel that caused property damage, a Massachusetts federal court ruled, saying the policies' "failure to supply" provisions do not limit or exclude coverage.

  • June 18, 2024

    Wilson Elser Hires 2 McElroy Deutsch Partners In Denver

    Wilson Elser Moskowitz Edelman & Dicker LLP has hired four attorneys from McElroy Deutsch Mulvaney & Carpenter LLP, including two insurance coverage and defense litigation partners, for its Denver office.

  • June 17, 2024

    Excess Insurers May Need To Pay In Kaiser Asbestos Dispute

    A policyholder can tap into first-layer excess policies as soon as the primary coverage for that period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.

  • June 17, 2024

    Teva, DOJ Signal Key Kickback Case May Fizzle At 1st Circ.

    A U.S. Department of Justice kickback case against Teva Pharmaceuticals — closely watched by False Claims Act lawyers because of its multibillion-dollar stakes and its link to a major circuit split — is poised for settlement, according to a new First Circuit filing ahead of eagerly awaited oral arguments.

  • June 17, 2024

    Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules

    The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.

  • June 17, 2024

    Dutch Insurer Says Record Clear To Affirm $160M Arbitration

    A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.

  • June 17, 2024

    No Coverage For Family Shareholder Row, 2nd Circ. Affirms

    A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.

  • June 17, 2024

    DOL Says Insurers Can't Block ERISA Retirement Advice Regs

    The U.S. Department of Labor urged a Texas federal court to reject a group of insurers' bid to halt the implementation of recently finalized regulations expanding which types of retirement investment advice fall under the purview of federal benefits law, arguing the challengers' request wasn't justified.

  • June 17, 2024

    Pharmacy Groups Urge High Court To Hear Okla. PBM Case

    Pharmacy industry groups asked the U.S. Supreme Court to reverse a Tenth Circuit decision that overturned portions of an Oklahoma law regulating pharmacy benefit managers, saying these intermediaries have driven up costs for patients while raising their own bottom lines, and states should be allowed to keep them in check.

  • June 17, 2024

    Dykema Adds Texas Insurance Trio From Chasnoff Valkenaar

    Dykema Gossett PLLC announced that it has hired three Texas-based insurance attorneys from Chasnoff Valkenaar & Stribling LLP in some of the state's biggest markets.

  • June 17, 2024

    Mass. Dentist Indicted In Alleged $2M Medicaid Fraud

    A Massachusetts dentist and her practice have been charged with fraudulently billing the state's Medicaid program, MassHealth, more than $2 million for services that were never provided.

Expert Analysis

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    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. 

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    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.

  • A Rare Look At Judicial Interpretation Of LEG Exclusions

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    A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

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