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Insurance
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October 15, 2024
Texas Insurance Chief Denies Last-Resort Insurer's Rate Hike
The Texas insurance commissioner rejected a 10% rate hike filed by the state's windstorm insurer of last resort, saying the increase would be unfair because of the hardships it would impose on Texas' coast.
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October 15, 2024
Judge Approves Murdaugh Boat Crash Settlement
A South Carolina judge has approved a $15 million settlement in a suit against a gas station that allegedly sold alcohol to disgraced attorney Alex Murdaugh's underage son, who was later involved in a boat crash that killed one person, after a hangup with an insurance carrier was resolved.
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October 15, 2024
Insurer Asks Court To Weigh In On Damaged Embryo Suit
An insurer for a fertility clinic asked a Texas federal court to determine whether it owes coverage for an underlying suit accusing the clinic of knowingly transferring damaged or destroyed embryos into patients.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 11, 2024
Quinn Emanuel Gets Trimmed $92M Fee In ACA Cases
Quinn Emanuel Urquhart & Sullivan LLP will get $92 million in fees from a $3.7 billion win in two class actions against the government over risk corridor payments under the Affordable Care Act, a U.S. Court of Federal Claims judge ruled Thursday, trimming the firm's renewed $185 million request.
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October 11, 2024
Insurer Must Defend Flight Co. Over Propeller Injury Suit
An insurer must defend a flight training business against personal injury claims by a flight instructor who said an aircraft propeller injured him, an Illinois federal court ruled Friday, finding the company's late notice to the business's insurer did not void the potential for coverage.
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October 11, 2024
No Coverage For Wage Disclosure Suits, Insurer Says
An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.
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October 11, 2024
Asbestos Claimants Say Kaiser Ch. 11 Plan Should Stand
Asbestos injury claimants in Kaiser Gypsum Co.'s bankruptcy case have asked the Fourth Circuit to uphold the company's Chapter 11 plan, saying the arguments against it by Kaiser's primary insurer are based on speculative harms.
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October 11, 2024
Pa. Justices Won't Review Bible App Maker's Coverage Denial
The Pennsylvania Supreme Court declined to hear a Bible app maker's coverage bid over a hacker's deletion of its videos and software stored on a GoDaddy Inc. server, letting stand an appeals panel's ruling in a case of first impression on what "your computers" means in a property policy.
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October 11, 2024
Subcontractor Owes Travelers $325K For Hotel Work Deal
A Travelers unit is entitled to recover $325,000 for payments made against its surety bonds to settle a general contractor's claims that a subcontractor abandoned work on an Idaho hotel, a Washington federal court ruled, finding the subcontractor liable under an indemnity agreement with Travelers.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 10, 2024
Live Nation Loses COVID-19 Physical Loss Insurance Claims
A California federal judge has tossed Live Nation's claims in a lawsuit seeking coverage from Factory Mutual for physical loss or damage stemming from the coronavirus pandemic, holding that a recent ruling by California's highest court thwarted the entertainment giant's argument that the presence of COVID-19 made its property unsafe or unusable.
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October 10, 2024
Why So Hard To Say 'Denied'? Mich. Justices Ask Insurers
Michigan Supreme Court justices pushed insurers Wednesday to explain why they take issue with appellate rulings requiring them to explicitly say they have "denied" insureds' claims, asking what about including that word or evaluating claims as they normally do would create new obligations on the insurers.
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October 10, 2024
Cigna Says NJ Plastic Surgeons Fraudulently Billed $8.5M
Two Cigna units said a New Jersey-based plastic and reconstructive surgery group billed excessively high fees and then waived patient cost-shares, fraudulently obtaining just over $8.5 million from the insurer in a scheme that dates back nearly a decade.
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October 10, 2024
Too Early To Decide Indemnification In Flood Row, BNSF Says
Railway giant BNSF told a California federal court that it's too early for the court to decide whether two Travelers units have a duty to indemnify BNSF in a lawsuit alleging that a track relocation project BNSF undertook caused significant flooding, noting the case is still pending.
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October 10, 2024
Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd
A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.
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October 10, 2024
Freddie Mac, Axis Ink Deal Over $32M SEC Probe Coverage
Government-backed mortgage buyer Freddie Mac told a D.C. federal court it reached a settlement with an excess insurer over its $32 million defense bill from a U.S. Securities and Exchange Commission investigation and lawsuits concerning its exposure to subprime mortgages in the lead-up to the 2008 financial crisis.
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October 10, 2024
Rock Climbing School Not Covered In Fall Suit, Insurer Says
An insurer said it doesn't owe coverage to a rock climbing school in an underlying suit brought by the family of a teenager who was injured after he fell 35 feet while climbing, telling a North Carolina federal court that the policy does not provide coverage for joint ventures.
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October 10, 2024
Holland & Knight Grows Philly, NY Offices With Insurance Pros
A pair of attorneys specializing in advising clients on insurance technology matters have moved their practices this week from Goodwin Procter LLP to Holland & Knight LLP's offices in New York and Philadelphia.
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October 09, 2024
La. Property Owner Must Arbitrate Hurricane Damage Suit
A Louisiana federal judge has ordered the owner of 24 commercial properties damaged by two hurricanes to arbitrate its dispute with a group of overseas and domestic insurers, rejecting the policyholder's arguments that the defendants had given up their right to arbitration by participating in early settlement talks.
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October 09, 2024
9th Circ. Grills Geico, Assignees Over Failed Settlement
A Ninth Circuit panel appeared conflicted over both Geico and a policyholder's assignees' arguments regarding whether the carrier acted in bad faith toward its insured when it prioritized a release of the insured's father-in-law during failed settlement negotiations with the family of a pedestrian fatally struck by the insured driver.
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October 09, 2024
Pa. Justices Skeptical That Surety Is Insurance
The Pennsylvania Supreme Court on Wednesday seemed leery of a steel company's assertion that suretyship and insurance are the same thing when it comes to the state's bad faith laws, with justices repeatedly asking how the terms were identical.
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October 09, 2024
Senior Center Denied Total Win In Insurer's Coverage Suit
An insurer for an operator of a skilled nursing facility must still cover the portion of a $225,000 wrongful death damages award exceeding a $100,000 self-insured retention even if the operator can't pay that retention, an Illinois federal court ruled, citing state public policy.
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October 09, 2024
Insurer Wins Ex-PwC Exec's Long-Term Disability Suit
An Illinois federal judge handed Hartford Life and Accident Insurance Co. a win in a federal benefits lawsuit from a former PricewaterhouseCoopers LLP executive who alleged she was wrongly denied long-term disability benefits after fibromyalgia left her unable to continue working.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.