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Insurance
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July 30, 2024
Wash. Gym, Insurer Settle Athlete Abuse Coverage Dispute
An insurer and a gym jointly asked a Washington state federal court to dismiss the insurer's lawsuit seeking to escape any defense or indemnification obligations for an underlying suit from an underage cheerleader's mother, who accused the gym of providing a space for its founder to sexually assault her daughter.
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July 30, 2024
Insurer Says No Coverage For Florida Sex Assault Claims
A trust facing a negligence claim after a minor said she was sexually assaulted while staying at the trust's vacation rental isn't owed any coverage for the lawsuit, its insurer told a Florida federal court Tuesday, citing a sexual molestation exclusion.
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July 30, 2024
Insurer Says Trucking Co.'s BIPA Suit Isn't Covered
An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.
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July 30, 2024
PBMs Urge Justices To Reject Review Of Okla. Law Dispute
An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.
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July 30, 2024
Baker Sterchi Expands Northwest In Merger With Seattle Firm
Regional firm Baker Sterchi Cowden & Rice LLC is expanding outside the Midwest as it takes on Seattle-based Christie Law Group PLLC on Sept. 1, the firm announced Tuesday.
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July 30, 2024
Rising Star: Covington's Alexis Dyschkant
Alexis Dyschkant of Covington & Burling LLP is an emerging leading expert on PFAS-related coverage issues, taking point on litigation strategy, summary judgment briefing and oral arguments, all earning her a spot among the insurance attorneys under age 40 honored by Law360 as Rising Stars.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 29, 2024
Feds Say Tenn., NC Hospitals Overpaid Doctors For Referrals
A Tennessee-based hospital system violated the False Claims Act by taking $27.8 million in public healthcare allotments while overpaying doctors, sometimes by three times the average physician's pay, to make internal referrals, according to a lawsuit the U.S. Department of Justice has joined.
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July 29, 2024
Judge Blocks Medical Records Co.'s Anti-Bot Captchas
A Maryland federal judge on Monday enjoined electronic medical records company PointClickCare from blocking nursing home analytics company Real Time Medical Systems from accessing patient data with automated bots, saying PCC's firewall wasn't justified by concerns over security or system speed.
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July 29, 2024
Subcontractor Partially Nixes Claims Over Defense Of MDL
A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against one of its insurers in Texas federal court, while noting it's still pursuing its coverage demands against two other insurers.
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July 29, 2024
Rising Star: Miller Friel's Benjamin W. Massarsky
Benjamin W. Massarsky of Miller Friel PLLC helped a flooded manufacturing factory obtain more than $112 million from its insurers, one of the largest verdicts in Indiana history and one of the largest bad faith wins nationwide in 30 years, earning him a spot among the insurance law practitioners under age 40 honored by Law360 as Rising Stars.
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July 29, 2024
Judge Ends Coverage Quest, Calls $2.7M Loss 'Foreseeable'
An Arizona federal judge granted a quick win to an insurer over $2.7 million in water damage losses claimed by an Arizona landlord, finding the losses were "foreseeable" and therefore not covered by the all-risk policy.
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July 29, 2024
Insurer Must Cover Driver's PIP Claim, Split Mich. Panel Says
An auto insurer must provide personal injury protection benefits to a policyholder's son who was injured in an out-of-state tractor-trailer crash, a split Michigan state appeals court ruled, finding that the man was not an owner or registrant of the tractor for purposes of the state's no-fault law.
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July 29, 2024
5 Firms Build Sixth Street's $5.1B Buy Of Enstar
Insurance group Enstar on Monday announced it had agreed to be bought by private equity shop Sixth Street in a $5.1 billion take-private deal crafted by Paul Weiss, Hogan Lovells, Simpson Thacher, Debevoise & Plimpton and Cleary Gottlieb.
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July 26, 2024
Ex-Magistrate Judge Picked To Oversee Texas Insurance Fight
A New York federal judge has appointed a former magistrate judge to oversee a dispute between a Texas school district and several insurers who allegedly stiffed the district $17 million in damages following Hurricane Hanna.
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July 26, 2024
Insurer Says It Needn't Cover Divorce Attys In Malpractice Suit
Hanover Insurance Group asked a federal court Friday to rule that it doesn't have to defend a pair of Houston-area divorce attorneys in a legal malpractice suit alleging they botched a divorce case.
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July 26, 2024
Feds Want Mogul To Forfeit $1.5M In NC Bribery Case
Convicted insurance mogul Greg Lindberg should forfeit nearly $1.5 million he allegedly used to bribe North Carolina's insurance regulation chief in exchange for more friendly oversight of his companies, the U.S. government told a North Carolina federal court Friday.
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July 26, 2024
Chubb Unit Asks 11th Circ. To Undo $13.8M Appraisal Award
A Chubb unit asked the Eleventh Circuit on Friday to reverse the approval of a Florida condominium association's $13.8 million appraisal award for hurricane damage sustained in 2017, arguing that a lower court erred in finding that one of the appraisers was partial to the association.
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July 26, 2024
Rising Stars: Wiley's Margaret T. Karchmer
Margaret T. Karchmer of Wiley Rein LLP got a $14 million judgment against Travelers Indemnity Co. reversed and helped Tokio Marine HCC escape a $75 million matter, earning her a spot among insurance law practitioners under age 40 honored by Law360 Rising Stars.
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July 26, 2024
Tyco Inks Deal With Insurer Over Foam MDL Coverage
Firefighting foam maker Tyco Fire Products LP told a South Carolina federal judge Friday that it reached a tentative settlement with one of several of its insurers to resolve its fight to score coverage in sprawling multidistrict litigation over pollution from so-called forever chemicals.
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July 26, 2024
Health Worker Says Home Insurer Must Cover Privacy Row
A woman accused of unlawfully accessing confidential patient information and disseminating it to others while working for the Yale New Haven Health System told a Connecticut federal court that her homeowner insurer owes coverage for the lawsuit, noting her policies define "personal injury" to include "invasion of privacy."
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July 26, 2024
Fla. Law Firm Settles Ex-Paralegal's Sex Harassment Suit
Florida-based insurance law firm Property Litigation Group PLLC has reached a settlement with a former paralegal who alleged she was fired after reporting unwanted sexual advances and case mismanagement by a senior attorney.
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July 26, 2024
Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial
Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.
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July 26, 2024
Alston & Bird Grows With Structured Finance Pro In New York
Alston & Bird LLP has expanded its finance team in New York, adding a partner with more than 20 years of experience advising on structured finance transactions and mergers and acquisitions.
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July 26, 2024
Insurance Trade Group Challenges FTC's Noncompete Ban
The American Property Casualty Insurance Association backed a tax preparation company and the U.S. Chamber of Commerce's challenge to the Federal Trade Commission's ban on noncompete agreements, telling a Texas federal court that the rule would "significantly disrupt the insurance producer landscape."
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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An NYDFS-Regulated Bank's Guide To Proper Internal Audits
As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.