Insurance

  • November 27, 2024

    Zurich Defeats Burlington's $750M COVID-19 Coverage Suit

    Zurich American has permanently defeated Burlington Stores' COVID-19 pandemic coverage suit after a New Jersey federal judge said the retailer's attempt to use "clever semantics to avoid dismissal" failed to demonstrate it suffered direct physical loss or damage to its property, or that virus particles physically altered objects or surfaces.

  • November 27, 2024

    Dad Can Sue Over Atty Sons' Alleged Fraud In Death Deal

    A Florida appeals court reinstated Wednesday a suit seeking to change terms of a trust agreement regarding a multimillion-dollar wrongful-death settlement amid claims that a Miami attorney and his Morgan & Morgan attorney brother defrauded their father of his rightful share, holding that a fraud claim warrants a second look.

  • November 27, 2024

    Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually

    An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.

  • November 27, 2024

    6th Circ. Revives Fired State Farm Worker's Retaliation Suit

    The Sixth Circuit reinstated a suit by a Black former State Farm employee claiming her firing resulted from complaining that the company discriminated against nonwhite customers and failed to address racism, saying Wednesday she cast enough doubt on the employer's position that she was canned for mishandling emails.

  • November 27, 2024

    Virgin Islands Mall, Lloyd's End $6M Spat Over July 4 Fire

    The owner of a historic marketplace in the U.S. Virgin Islands, which accused certain underwriters at Lloyd's of London of denying more than $6 million in claims after an Independence Day fire, agreed to drop all claims against the underwriter, according to a notice Monday.

  • November 27, 2024

    Co. Seeks $4.4M In Bad Faith Damages Over Developer Row

    A collections company that was assigned insurance rights as part of settled, underlying litigation concerning a real estate development in Washington state told a federal court it's entitled to over $4.4 million in bad faith damages against an insurer, arguing the carrier prioritized its own interests ahead of its insured.

  • November 27, 2024

    Insurer To Pay Conn. City $1M For Stolen COVID Funds

    The insurer for the city of West Haven, Connecticut, will pay more than $1 million to offset losses caused by the theft of federal COVID-19 relief funds by a former state representative and city employee, according to a press release.

  • November 27, 2024

    Attys, Insurance Broker Seek Appeal In $22M Tax Scheme

    Two attorneys and an insurance agent plan to appeal to the Fourth Circuit their convictions in a criminal case that accused them of participating in a $22 million tax avoidance scheme, according to Wednesday filings in North Carolina federal court.

  • November 27, 2024

    No Coverage For Drywall Co. In Murder Suit, Insurer Says

    An insurer said it has no duty to defend or indemnify a drywall company accused of negligently hiring a man who murdered a house cleaner in a home he was working on in Galveston County, telling a Texas federal court that several policy exclusions preclude coverage.

  • November 27, 2024

    3 Argument Sessions Benefits Attys Should Watch In Dec.

    The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.

  • November 26, 2024

    3M Says $6B Settlement Docs Needed In AIG Europe Fight

    3M is urging a Florida federal court to release information relating to its recently inked $6 billion deal ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which is tasked with determining whether insurer AIG Europe Ltd. is wrongly refusing to pay its share of the historic pact.

  • November 26, 2024

    Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict

    A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • November 26, 2024

    Susman Godfrey Riding 'Coattails' In $147.5M Deal, Court Told

    Susman Godfrey LLP should be denied fees for representing objectors to a $147.5 million global settlement of a life insurance proposed class action in Connecticut, class counsel has argued, saying the firm sought to "impede" rather than secure the deal and only rode class counsel's "coattails."

  • November 26, 2024

    New Orleans Property Owner Revives Bid To Nix Arbitration

    A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.

  • November 26, 2024

    CGL Carrier Seeks $1.2M In Inter-Insurer Injury Dispute

    A general liability insurer told a Michigan federal court that a professional liability insurer owes $1.2 million toward a $1.5 million settlement reached in an underlying lawsuit involving their mutual insured, a cardiovascular practice located in a Detroit hospital, arguing that the professional liability policy covered the claim.

  • November 26, 2024

    7th Circ. Says Insurer Must Defend $3.4M Faulty Work Row

    An architectural design firm's commercial general liability insurer must defend it and its owner against faulty work claims seeking more than $3.4 million in damages, the Seventh Circuit ruled, after the Illinois Supreme Court overturned prior appellate precedent siding with insurers in such disputes.

  • November 26, 2024

    Chemical Co. Demands Defense Coverage In PFAS Foam MDL

    Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.

  • November 26, 2024

    Progressive's $61M 'Total Loss' Deal Gets Approved

    Two Progressive subsidiaries will pay up to $61 million to resolve allegations that car insurance policyholders in Michigan should have been compensated for sales tax and title and registration fees as part of Progressive's payment of claims for totaled vehicles.

  • November 25, 2024

    Geico, Travelers To Pay NY $11.3M To Settle Data Security Row

    New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.

  • November 25, 2024

    9th Circ. Won't Reverse Amber Heard's Loss In Coverage Suit

    The Ninth Circuit upheld an insurer's favorable ruling Monday in its legal dispute with actress Amber Heard, affirming that she had no right to independent counsel paid for by New York Marine and General Insurance Co. in a defamation suit by her ex-husband, Johnny Depp.

  • November 25, 2024

    Missouri Gender-Affirming Care Ban Upheld As Constitutional

    A Missouri state judge rejected a legal challenge to the state's ban on providing gender-affirming care to minors and adults, finding Monday the court should defer to the Legislature given that challengers hadn't proven the restrictions violated the U.S. Constitution.

  • November 25, 2024

    Construction Co. Seeks Coverage For $1.9M Email Spoof

    A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."

  • November 25, 2024

    Calif. Board Seeks Comment On AI Rules Amid Pushback

    The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.

  • November 25, 2024

    Bad Faith Case Isn't Apt For Garnishment, Mich. Justices Told

    The Insurance Alliance of Michigan urged the Michigan Supreme Court to reverse an appeals court decision allowing an injured man to litigate bad faith claims against the at-fault party's insurer in garnishment proceedings, arguing the appellate decision allows him to circumvent pleading standards for a conventional civil action.

  • November 25, 2024

    Final Buzzer Sounds On NBA Fraud Case With Doc's Sentence

    A Manhattan federal judge hit a Seattle-area doctor with five years in prison Monday for joining with the ringleader of the NBA's $5 million health billing fraud ring to submit fake invoices, the final sentencing in the sprawling case.

Expert Analysis

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

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