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Insurance
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May 13, 2024
Justices Won't Touch Insurer's Win In 401(k) Exit Fee Suit
The U.S. Supreme Court declined Monday to hear a dental office's case accusing an insurance company of unlawfully charging fees to 401(k) plans that left its platform, leaving in place a Fifth Circuit ruling that found the insurer was under no obligation to waive the charges.
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May 10, 2024
Texas Judge Sanctions Atty The Cost Of Plane Ticket To DFW
A Texas federal judge sanctioned an attorney in the amount of the approximate cost of a last-minute flight from Los Angeles to Dallas-Fort Worth, saying in a show cause hearing Friday that he doesn't "know how you do things in LA" after the attorney didn't show up following a court order.
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May 10, 2024
Ariz. Judge Allows Insurer To Target DOT For Canadian Arb.
An Arizona federal judge has issued an apparently novel ruling granting a Canadian government-backed insurer's request to subpoena the state's Department of Transportation for use in an arbitration stemming from a hit-and-run accident that took place in Scottsdale, Arizona, in 2016.
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May 10, 2024
Fla. Agency Forced Resignation Over Mental Illness, Suit Says
A former employee of a Florida insurance regulatory agency is suing her onetime employer in federal court, alleging a supervisor made her quit after falsely suspecting she may have bipolar disorder.
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May 10, 2024
Okla. Tells Justices 10th Circ. Wrong On PBM Law
Oklahoma's insurance department Friday asked the U.S. Supreme Court to take up its petition seeking review of a Tenth Circuit decision overturning portions of a state law regulating pharmacy benefit managers, arguing that high court intervention is needed to resolve disagreement among the circuits on federal preemption.
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May 10, 2024
Insurers Don't Owe Chiquita Coverage In Terrorism Settlement
An Ohio state appeals court ruled Friday that Chiquita Brands International Inc. is not owed coverage by a group of insurers for a settlement with families of six Americans killed by a terrorist group Chiquita had paid for protection, saying any errors the trial court made were harmless because it came to the correct conclusion.
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May 10, 2024
DC Tax Atty Can't Use Ch. 7 To Ditch Depo In $19M Theft Suit
A corporate D.C. tax attorney accused of bilking a former client out of $19 million via a captive insurance scam will be deposed, despite a stay in the Maryland federal case against him and his firm after both filed for bankruptcy.
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May 10, 2024
Prudential Investor Attys Seek $9M Fees For Settlement
Attorneys representing investors in a settlement with Prudential Financial Inc. over claims that the insurer misrepresented certain trends affecting its life insurance reserves have asked a New Jersey federal judge to grant final approval of the deal and nearly $9 million in fees.
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May 10, 2024
What To Know About Biden's ACA Nondiscrimination Rule
Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.
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May 10, 2024
4th Circ. Tosses Driver's Allstate UIM Appeal As Untimely
The Fourth Circuit dismissed a South Carolina woman's appeal seeking underinsured motorist coverage from Allstate for injuries she suffered in a car accident, finding Friday that the appellate court lacked jurisdiction over the issue because outstanding, competing claims in the action remained.
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May 10, 2024
Medical Device Co., Insurers Settle Equipment Damage Loss
A medical device manufacturer and its insurers have settled their coverage dispute over the manufacturer's claim it suffered an "equipment breakdown loss" damaging its mills, lathes and vacuum pump, the insurers told a Florida federal court.
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May 09, 2024
NC Bribery Jury Hears Insurance Chief's Undercover Convo
Defense attorneys for embattled insurance mogul Greg E. Lindberg on Thursday played recordings to back their assertion that the North Carolina insurance commissioner separated Lindberg from his "trusted advisers" and goaded a bribe, saying he never brought up money until the public official put it on the table.
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May 09, 2024
Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule
Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.
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May 09, 2024
REIT Says Insurers Must Cover Antitrust Conspiracy Claims
A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.
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May 09, 2024
Policies Bar Origis Investor Suit Coverage, Del. Judge Finds
A Delaware Superior Court judge dismissed most insurers from a renewable energy company and its now-former CEO's action seeking coverage for an underlying investor suit over devalued shares, saying Thursday that a "no action" clause in one set of policies and a prior acts exclusion in another preclude coverage.
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May 09, 2024
4th Circ. Chides Insurer For Bid To Escape $5.8M Payout
A Fourth Circuit judge scolded an insurance company in its attempt to get out of a $5.8 million verdict through an exclusion in a general contractor's policy that it tried to trigger for mold cleanup, leaving little doubt Thursday that the panel will uphold the award.
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May 09, 2024
Syracuse Diocese Creditors Urge Contempt On Insurer Leaks
Unsecured creditors of the bankrupt Roman Catholic Diocese of Syracuse have asked a New York judge to hold insurers Interstate and an affiliate of Allianz in contempt for sharing confidential sex abuse survivors' claim information with third parties and failing to inform the debtor or the court.
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May 09, 2024
Armstrong Teasdale Litigator Joins Dentons In St. Louis
A longtime Armstrong Teasdale litigator who's spent over a decade working on insurance coverage disputes has joined Dentons' St. Louis office as a partner.
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May 09, 2024
Insurer Still Can't Escape Explosion Coverage Row
An insurer cannot yet avoid defending gas companies in personal injury litigation after a subcontractor caused an explosion injuring three people, an Indiana federal court has ruled, reiterating a previous finding that the subcontractor's ultimate release from liability following a settlement has no bearing on the gas companies' additional insured status.
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May 09, 2024
Driver Class Certified In Progressive Total Loss Value Suit
A South Carolina federal judge has granted class certification to a group of drivers who suffered "total loss" accidents and allegedly had the value of their totaled cars lowballed by Progressive Direct Insurance Co., rejecting the insurer's arguments that the proposed class representative was unfit.
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May 08, 2024
Committing Bribery Or Fixing 'Chaos': Mogul's Retrial Begins
An insurance mogul and his one-time political consultant resorted to "pure and simple" bribery when they promised North Carolina's insurance commissioner up to $2 million in campaign contributions to remove an inquisitive official, federal prosecutors told a jury Wednesday, while the mogul's counsel countered that he just wanted a fair shake from a department in "chaos."
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May 08, 2024
Feds Charge Two For Killing Witness In Staged Crashes Probe
Federal prosecutors in Louisiana have charged two people for murdering a witness who cooperated with the government's investigation into an alleged insurance scam involving multiple staged car crashes in the New Orleans area.
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May 08, 2024
Mich. Justices Unsure New Mandate Altered Old Auto Policies
Michigan Supreme Court justices appeared divided Wednesday over whether an overhaul of the state's compulsory car insurance scheme affected pre-existing policies or applied only to policies issued after the reforms went into effect.
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May 08, 2024
Water-Damaged Conn. Hotel Sues Insurer For More Coverage
A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.
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May 08, 2024
Chevron's $52M Iran Oil Seizure Loss Not Covered, Court Told
Three insurers have told a California federal court they owe no coverage to Chevron under separate marine cargo and war risks policies after the oil giant said the Iranian military seized a vessel carrying nearly $52 million worth of Chevron's crude oil in retaliation for U.S. economic sanctions.
Expert Analysis
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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A Deep Dive Into FSOC's Expansion Of Nonbank Oversight
The Financial Stability Oversight Council's new nonbank guidance, designed to provide the council with added flexibility in risk response, not only modifies the process for designating nonbanks as systemically important institutions, but also sends a clear signal that the FSOC may assume a more active role in addressing financial stability risks across the economy, say attorneys at Simpson Thacher.
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9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal
The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Shareholder Activists Are Targeting Insurers
As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.
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Breaking Down Insurers' Improper Recoupment Efforts
In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.