Insurance

  • October 29, 2024

    Mo. Panel Won't Trim $4.3M Interest Award From $40M Verdict

    A Missouri state appeals court upheld a woman's roughly $4.3 million prejudgment interest award after she won $40 million at trial over her husband's fatal auto collision, finding Tuesday she was not required to directly send a pretrial settlement demand to the at-fault driver's insurer.

  • October 29, 2024

    La. High Court Says No Arbitration In Insurance Policies

    Louisiana's top court has concluded that state law bars domestic insurers from looking to force a dispute with a policyholder into arbitration based on a clause contained in a foreign insurer's policy, ruling in an opinion that criticizes the Fifth Circuit's opposing stance on the issue.

  • October 29, 2024

    Texas Judge Rejects Early Win In Water Pollution Dispute

    A Texas federal judge denied on Tuesday an insurer's bid for an early win in its lawsuit against a water supply company accused of providing contaminated water to Cameron County residents, despite the insurer's argument that pollution exclusions in multiple policies bar coverage for the underlying claims.

  • October 29, 2024

    Medical Co. Gets No Coverage For Toxic Tort

    An insurer for B. Braun Medical Inc. has no duty to defend or indemnify the company against numerous lawsuits accusing B. Braun of exposing residents near one of its medical device manufacturing plants to a carcinogenic gas, a Pennsylvania federal court ruled, finding a pollution exclusion applicable.

  • October 29, 2024

    NJ Recycler, Insurer Settle Suit Over Millions In Fire Damage

    A New Jersey recycling center has agreed to drop its suit over its insurer's alleged refusal to cover millions in losses stemming from an April 2023 fire at its facility, according to court documents.

  • October 29, 2024

    Roberto Clemente's Family Drops Bias Suit Against Allstate

    A long-running discrimination lawsuit against Allstate, filed by the insurance agency run by the son of baseball legend Roberto Clemente, has officially come to a close with a Tuesday dismissal following a settlement reached last month.

  • October 28, 2024

    7th Circ. Signals Its Rulings Govern Citizens BIPA Policy Spat

    The Seventh Circuit seemed uninterested Monday in shifting focus from its own precedent to either newly certified questions or a state appellate decision to determine whether a district court correctly cleared Citizens Insurance Company of America of covering a biometric privacy suit.

  • October 28, 2024

    Judge Hopes To Avoid Vote Issue Repeat In Talc Ch. 11 Plan

    A Delaware bankruptcy judge on Monday told a pair of talc producers that the proposed creditor voting procedures on their joint Chapter 11 plans will need some work to avoid a repeat of the voting problems that derailed a previous attempt to settle asbestos injury claims.

  • October 28, 2024

    Surge In Nicotine Fee Suits Shows Wellness Program Risks

    A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.

  • October 28, 2024

    NJ Diocese Gets Insurer's Abuse Coverage Suit Tossed

    A New Jersey federal court tossed an insurer's suit seeking to escape coverage for more than 200 sexual abuse lawsuits brought against the Catholic Diocese of Trenton, saying Monday the suit "relies on a strictly hypothetical controversy that may never occur."

  • October 28, 2024

    Fla. Condo Sues Flood Insurer Over Undervalued Storm Claim

    A Florida condominium association damaged by a 2022 hurricane has alleged its insurance company failed to provide adequate compensation under the terms of a $13 million policy in accordance with its mandate with the National Flood Insurance Program.

  • October 28, 2024

    HHS Says In-Home Evals Raised Insurers' Medicare Payments

    Private Medicare insurers collected an estimated $4.2 billion in extra federal payments last year from in-home health assessments they conducted, even though the evaluations led to no treatment, according to a report by the U.S. Department of Health and Human Services' internal watchdog.

  • October 28, 2024

    Wrongful Death Coverage Capped At $1M, Zurich Says

    Zurich urged a Colorado federal court to grant it an early win in a lawsuit brought by a pipeline construction company stemming from an underlying wrongful death action, arguing that relevant policy language only guaranteed the company $1 million instead of twice that amount.

  • October 25, 2024

    Yale, Travelers Beat Conn. Age Bias Appeals

    A Connecticut appeals court on Friday declined to revive claims that Yale University and Travelers Indemnity Co. committed age discrimination with job postings seeking "recent" college graduates, reasoning that the court that threw out the cases properly interpreted state high court precedent.

  • October 25, 2024

    Photo App Says BIPA Ignorance Warrants Insurance Coverage

    The company behind a website and app that allow families to view photos of their children at summer camp told an Illinois federal judge it had no idea about the state's biometric privacy law, and thus couldn't have knowingly violated it, arguing that means insurers cannot shirk their responsibility to defend it in an underlying suit. 

  • October 25, 2024

    New York City Seeks Coverage In Homeless Shelter Death Suit

    The city of New York is seeking coverage from the insurer of a homeless shelter it contracted with after it was accused of negligence leading to the fatal seizure of a mother who lived there, a case removed to New York federal court Friday said.

  • October 25, 2024

    Insurers Have Long Used AI; Now Litigation Funders Want In

    As State Farm waded into the nascent field of "artificial intelligence" tools in the mid-1980s, its mainframe computers began to overheat under the strain of calculating the values of claims.

  • October 25, 2024

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

    This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.

  • October 24, 2024

    Mich. AG Claims Express Scripts, Optum Fueled Opioid Crisis

    The state of Michigan has taken aim at Express Scripts and OptumRx for their role in the opioid crisis in a complaint filed in state court Thursday, the latest state to claim the companies for years boosted sales of opioids by giving them favorable placement on drug lists in exchange for rebates.

  • October 24, 2024

    AMA Latest To Sue MultiPlan Over Out-of-Network Pricing

    The American Medical Association and the Illinois State Medical Society are the latest to accuse MultiPlan and the nation's largest health insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers, alleging in Illinois federal court Thursday that the "far-reaching and unlawful cartel" inhibits its members from offering critical care.

  • October 24, 2024

    4th Circ. Affirms Dismissal Of Crypto Theft Coverage

    The Fourth Circuit upheld a lower court's ruling that an individual's homeowners policy didn't cover his loss of $170,000 in cryptocurrency to an alleged scam, agreeing with a Virginia federal court that the loss didn't constitute a "direct physical loss."

  • October 24, 2024

    Chancery Won't Block Dura Medic Merger Insurance Claims

    Dura Medic, a private equity-controlled medical equipment supplier, and its directors and officers won their bid Thursday in Delaware's Court of Chancery to beat back, for now, a request for a temporary restraining order blocking a settlement that could put a $5 million directors and officers insurance policy beyond the reach of the previous owners' damage claims.

  • October 24, 2024

    State Farm Agrees To Settle Immigration Bias Row With DOJ

    The U.S. Department of Justice said Thursday that State Farm Mutual Automobile Insurance Co. will pay $30,000 in back pay and penalties to settle claims that one of its Texas corporate offices fired a worker for flagging citizenship discrimination.

  • October 24, 2024

    3 Insurance Execs Beat Ex-Employer's Trade Secrets Suit

    A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.

  • October 24, 2024

    Lewis Brisbois Adds Partner To General Liability Practice

    Lewis Brisbois Bisgaard & Smith LLP announced the growth of its Chicago office with the addition of a partner and insurance expert who brings more than two decades of trial and civil litigation experience.

Expert Analysis

  • Fla. Insurer-Breach Cases Split On Unrepaired Property Issue

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    A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • Insurance Likely Kept Swift Out Of The Woods After Vienna

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    Financial losses Taylor Swift incurred from the cancellation of three concerts in Vienna in August will likely be covered by insurance policies, considering how the facts of the situation differ from those of the Foo Fighters' 2015 insurance dispute over event cancellation and terrorism coverage, say attorneys at Anderson Kill.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • What To Know About Insurance Coverage For Antitrust Risks

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    With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

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