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Insurance
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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."
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July 26, 2024
Colorado Cases To Watch 2024: A Midyear Report
Colorado is at the forefront of state challenges to Kroger's $24 billion proposed merger with Albertsons, regulators are defending a high-cost lending crackdown, and state justices could change how insurers navigate bad faith suits. Here are some of the Colorado cases to watch in the second half of 2024.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 25, 2024
11th Circ. Revives FCA Dispute Over Small Biz Contracts
The Eleventh Circuit on Thursday revived a whistleblower False Claims Act case alleging new owners of a construction firm fraudulently secured orders under a program for disadvantaged small businesses, saying those owners should have told the Small Business Administration about the ownership switch.
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July 25, 2024
Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter
The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.
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July 25, 2024
Insurer Can't Link Secrets Suit To $47M Claim, Ex-Worker Says
A former worker for British insurance company Beazley urged a Florida federal court Thursday to toss claims alleging trade secrets theft, saying the company's suit doesn't show how he supposedly caused it to incur $47 million in damages from an arbitration case over a Brazilian thermoelectric plant.
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July 25, 2024
11th Circ. Won't Rehear State Farm Auto Policy Coverage Row
A three-judge panel in the Eleventh Circuit said Thursday they won't rehear their decision dismissing a proposed class action brought by a State Farm policyholder alleging that the insurer's denial of coverage for her medical expenses following a car accident was based on an ambiguous "reasonableness" standard.
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July 25, 2024
Embattled Texas Law Firm Wants More Time For Ch. 11 Plan
Troubled Houston law firm MMA Law asked a Texas bankruptcy court to extend the exclusivity period to file a Chapter 11 plan for 120 more days, with a current filing exclusivity period set to end in early August.
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July 25, 2024
2nd Circ. Revives NYC's Coverage Rift With Captive Insurer
The Second Circuit revived New York City's coverage dispute against a captive insurer, reversing a lower court's finding that it lacked diversity jurisdiction after having already granted the city an early win on the coverage issues.
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July 25, 2024
Zurich Can't Revive Deductible In Georgia Coverage Suit
A Georgia federal judge rejected Zurich American Insurance Co.'s bid to reverse a ruling holding it could and did waive a $2.5 million flood deductible in its coverage row with First Solar Electric LLC over storm damage to a solar farm, holding that the insurer was just "regurgitating" arguments.
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July 24, 2024
How Hinckley Allen Took On Rhode Island Beach-Access Law
A Rhode Island judge this month sided with beachfront property owners, represented by Hinckley Allen & Snyder LLP, ruling that a 2023 law that shifts the public access line landward amounts to a taking.
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July 24, 2024
Conn. Cannabis Co.'s Income Loss Not Covered, Insurer Says
An insurer said it has no obligation to cover a cannabis company's business income loss stemming from a February 2020 fire, telling a Connecticut federal court that the loss was not caused by a suspension of operations but rather damage to marijuana plants that aren't covered.
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July 24, 2024
Enterprise Rentals Secures Win In $750K Accident Dispute
A freight carrier was not owed $750,000 in business travel insurance from a vehicle rental company, the Sixth Circuit affirmed Wednesday, holding that a lower court didn't err in excluding an excess policy from trial.
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July 24, 2024
6th Circ. Floats Remand Of Geico Agent Misclassification Suit
The Sixth Circuit on Wednesday pressed Geico about plan documents reviewed by a lower court when it tossed agents' claims they were misclassified as independent contractors, floating the possibility of sending the case back for limited discovery.
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July 24, 2024
Liberty Mutual Gets $2.4M Oil Contamination Row Trimmed
A New York federal judge trimmed a $2.4 million coverage dispute between Liberty Mutual and an oil and gas trader over losses related to a contaminated oil shipment, finding that although the trader met its burden to make a case for recovery, certain contaminated product was excluded from coverage.
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July 24, 2024
Insurers Get Hyundai, Kia Engine Claim Suits Remanded
A California federal court has remanded to state court four suits by insurers claiming that Hyundai and Kia are on the hook for 829 engine failure and engine fire claims totaling over $7.7 million in damages, saying the automakers' snap removals violated the forum defendant rule.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Top 10 Queries For Insurers Entering Surplus Lines Market
John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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What New Conn. Insurance Bulletin Means For Data And AI
A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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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.