Insurance

  • July 15, 2024

    Resort Owner Seeks Arb. In Storm Damage Insurance Row

    A resort owner seeking to arbitrate its $55 million storm damage claim told a Hawaii federal court that its insurers can't litigate in New York federal court since its policies contain a "mishmash" of forum selection requirements, while the insurers separately countered that arbitration still can't happen yet.

  • July 15, 2024

    Towers Watson Asks 4th Circ. To Find Merger Dispute Covered

    Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.

  • July 15, 2024

    Insurance Groups Want DOL Investment Advice Regs Blocked

    Several insurance groups urged a Texas federal court to halt the U.S. Department of Labor's new regulations that broaden who qualifies as a fiduciary under federal benefits law, saying the agency's new rule is no different from one the Fifth Circuit invalidated in 2018.

  • July 15, 2024

    J&J Agrees To Pay $505M In Talc Producers' Ch. 11

    Talc mining companies Imerys and Cyprus Mines asked the Delaware bankruptcy court to approve a Chapter 11 settlement in which Johnson & Johnson would pay $505 million in cash and insurance proceeds into a talc injury trust, even if it petitions for bankruptcy a third time.

  • July 15, 2024

    Diocese's Insurer Says No Coverage For Sex Abuse Claims

    An excess insurer for the Roman Catholic Bishop of Orange told a California federal court it owes no coverage for over 200 consolidated child sex abuse lawsuits, arguing that despite the primary insurer's insolvency, underlying limits must deplete before excess coverage kicks in.

  • July 15, 2024

    Casino Owner Says Insurer Must Face $130M COVID Loss Suit

    A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.

  • July 15, 2024

    Catching Up With Delaware's Chancery Court

    Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.

  • July 15, 2024

    Lighting Company Not Liable For Fire At Cannabis Farm

    A Maryland federal judge has dismissed a lighting company from an insurer's suit alleging that lamps sold by its predecessor company caused a fire at a cannabis farm, saying it can't be held liable as a successor under Maryland law.

  • July 15, 2024

    Paul Hastings Adds Another Insurance Atty From Sidley

    Paul Hastings LLP announced on Monday that it has added an insurance transactional lawyer to its Chicago office, reuniting him with two former Sidley Austin LLP colleagues who made the move last year.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    Subcontractor Ducks Counterclaims In $1M Army Lab Suit

    The prime construction contractor for a U.S. Army lab failed to provide enough evidence to bring counterclaims against a subcontractor in its $1 million breach of contract suit, a Massachusetts federal judge has ruled.

  • July 12, 2024

    Feds Say Fake Gunshot Wounds Part Of $1M Fraud Scheme

    Five Massachusetts residents and one New Yorker defrauded insurance companies out of more than $1 million by submitting reimbursement claims for bogus overseas medical expenses, including gunshot wounds, stabbings and car accidents, federal prosecutors announced on Friday.

  • July 12, 2024

    AIG Says Ex-Execs Who Started Rival Co. Stole Trade Secrets

    Insurance giant American International Group is accusing three of its former senior executives of unlawfully using confidential company information to launch a startup New Jersey insurance company.

  • July 12, 2024

    Tobacco Co. Wants Coverage After $89M Tornado Damage

    A tobacco company blamed its insurers for failing to pay their portion after $89 million of snuff was damaged following a 2023 tornado, in a case removed to Tennessee federal court.

  • July 12, 2024

    Biggest Colorado Decisions Of 2024: A Midyear Report

    The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.

  • July 12, 2024

    2nd Circ. Rejects Electronics Co.'s COVID $100M Loss Appeal

    A manufacturer of electronics components cannot continue to seek coverage for the over $100 million in losses it said it suffered because of the COVID-19 pandemic, the Second Circuit ruled Friday, agreeing with a Connecticut federal court that any attempt by the manufacturer to amend its claims would be futile.

  • July 12, 2024

    Ex-Ga. Insurance Chief Gets 3½ Years For Kickback Scheme

    John Oxendine, the former four-term Georgia insurance commissioner who pled guilty this year to working with a doctor to run a multimillion-dollar medical testing kickback scheme, was hit with a 3½-year prison sentence by a Georgia federal judge Friday.

  • July 12, 2024

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

    This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.

  • July 11, 2024

    Panel Says Kansas BCBS Unit Can't Face Rehab Suit In Colo.

    A Kansas Blue Cross Blue Shield unit can't be sued in Colorado for terminating the coverage of a patient who was receiving treatment for an autoimmune syndrome, a state appellate panel ruled Thursday.

  • July 11, 2024

    Allstate Must Face Deflated Payments Suit, Judge Rules

    Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.

  • July 11, 2024

    Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal

    Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, saying it gave the debtors too much leeway to change what contracts they will maintain.

  • July 11, 2024

    Property Owner Says Insurer Must Cover $7.4M Arbitral Award

    An AmTrust unit must cover a $7.4 million arbitration award issued against a general contractor and in favor of a Beverly Hills property owner that were both insured under the same policy, the owner told a California federal court, saying the insurer has unreasonably failed to provide policy benefits.

  • July 11, 2024

    9th Circ. Won't Cancel Chubb's 'Morning Show' COVID-19 Win

    The Ninth Circuit affirmed a lower court's ruling Thursday that a Chubb unit does not owe the production company behind "The Morning Show" $44 million in pandemic-related losses, ruling that the policy's provision for "imminent direct physical loss or damage" did not apply to the "potential presence" of coronavirus in the facility.

  • July 11, 2024

    4 Big Gender-Affirming Care Decisions From 2024's 1st Half

    The U.S. Supreme Court allowed an Idaho law banning gender-affirming care for minors to become effective, the Eleventh Circuit upheld a trial court win for a transgender public safety employee in a healthcare discrimination suit and a Florida federal judge blocked as unconstitutional a state law restricting gender-affirming care for minors and adults.

Expert Analysis

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • 3 AI Regulation Developments Insurers Must Follow

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    Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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