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Insurance
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September 27, 2024
Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices
The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.
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September 27, 2024
La. Property Owners Fight Arbitration Of $40M Coverage Row
Dozens of companies seeking insurance payouts for damage caused by hurricanes Ida and Zeta urged a Louisiana federal court not to push their $40 million suit to arbitration, pointing to a clause in their policy allowing them to bring suit over money owed in any U.S. court.
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September 27, 2024
Hurricane Helene Losses Could Exceed $5B: Market Analyst
The losses from Hurricane Helene, a Category 4 storm that slammed into Florida's panhandle Thursday evening, could exceed $5 billion and challenge insurers dealing with high reinsurance costs, according to an early estimate from the insurer credit rating company AM Best.
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September 27, 2024
Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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September 27, 2024
Fed. Circ. Won't Revive $5.9M CMS Contingency Fee Suit
The Federal Circuit on Friday refused to revive a contractor's $5.9 million dispute over a Medicare recovery audit task order, saying the Centers for Medicare and Medicaid Services reasonably terminated the deal and didn't owe the company any more money.
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September 27, 2024
Alaska Top Court Says No Coverage For COVID-19 Losses
The Alaska Supreme Court joined a number of state high courts Friday in finding that neither the presence of COVID-19 at a property nor government shutdown orders implemented in response to the pandemic constitute physical loss or damage in order to trigger insurance coverage.
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September 27, 2024
$36M Oil Cleanup Row Isn't A Case For Fed. Court, Judge Says
An Oklahoma federal court tossed a pipeline owner's lawsuit seeking coverage from its excess insurers for an oil spill on tribal land that it said cost over $36 million to clean up, finding the court lacked the subject matter jurisdiction to hear the case.
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September 27, 2024
Colo. Law Voids Cos.' Coverage Agreement, Judge Rules
An oil and gas production company isn't owed coverage by an electrical drilling company for an underlying lawsuit brought by an injured worker, a Colorado federal judge ruled, finding that defense, indemnification and insurance provisions within the companies' agreement are void under state law.
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September 27, 2024
Mich. Justices Take Up Another Auto Reform Coverage Case
The Michigan Supreme Court agreed Friday to review a crash coverage dispute concerning whether changes to the state no-fault act's medical care reimbursement rates apply to post-reform treatment, weighing in on a case where the injury occurred after the June 2019 statutory amendment but before the July 2021 effective date.
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September 27, 2024
MetLife's 3rd Circ. Win Won't Stop ERISA Health Fee Suits
The Third Circuit's recent decision upholding MetLife's escape from a lawsuit accusing the company of pocketing $65 million in pharmacy rebates instead of using the funds to lower employee healthcare costs hands additional authority over to employers facing a new wave of class action litigation over excessive health fees, attorneys say.
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September 27, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Coca-Cola bring a trademark infringement claim against its former marketing director, Glencore face legal action by American Century ETF Trust, law firm Bishop Lloyd & Jackson defend itself against two solicitors it worked alongside during inquiries into Grenfell Tower, and a U.K. cruise line face a claim by a subsidiary of the sanctioned gambling platform GTLK.
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September 27, 2024
Medical Equipment Co., Founder Settle FCA Suit For $20M
A Florida-based medical equipment company and its founder will pay $20 million to settle claims under the federal False Claims Act that they improperly billed government healthcare plans for duplicated and unnecessary sales of devices meant to offer pain relief through electrical stimulation, Pennsylvania prosecutors said Friday.
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September 26, 2024
Seattle Firm Seeks $143M In Tunnel Machine Insurance Trial
A Seattle construction contractor told a Washington state jury on Wednesday its insurers owe $143 million for repairs to a massive tunneling machine that sustained "catastrophic damage" when it struck a steel pipe underground in 2013, urging jurors to reject the defense that the claim fell under a "machinery breakdown" exclusion.
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September 26, 2024
Edible Arrangements Says Zurich Shirked Policy Duties In $4M Suit
Atlanta-headquartered Edible Arrangements has hit the American Zurich Insurance Co. with a breach of contract suit seeking at least $4.2 million, claiming the insurer refused to defend and indemnify it against counterclaims stemming from a trademark suit it filed against another company.
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September 26, 2024
Chubb Bears Burden In Smithfield Hog Farm Coverage Suit
A Chubb unit must bear the burden of proving the reasonableness of costs that Smithfield Foods incurred in defending against claims that its farms were a nuisance, North Carolina's business court ruled, saying the pork producer must only show that it incurred and paid the costs at issue.
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September 26, 2024
Insurer Tells NC Justices Not To Revive COVID Coverage Row
An insurer urged North Carolina's top court not to revive a clothing company's COVID-19 coverage suit, saying there has been an "overwhelming" consensus among courts in the U.S. that commercial property insurance policies do not cover business losses caused by the pandemic.
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September 26, 2024
Pa. Justices Say COVID Closures Aren't Covered Losses
Pennsylvania's Supreme Court shut the door Thursday on COVID-19 pandemic loss insurance coverage for businesses closed by government mandate, ruling that requisite physical loss or damage required tangible alteration to property, reversing a lower court decision that stated loss of use was sufficient.
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September 26, 2024
9th Circ. Says Defense Owed In Salesforce Trafficking Row
Travelers must defend Salesforce against consolidated underlying sex trafficking claims being litigated in Texas state court, the Ninth Circuit ruled, rejecting the insurer's position that because Salesforce's alleged violation of Texas sex trafficking statutes necessarily involved expected or intentional conduct, it had no defense obligation.
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September 26, 2024
Arthur J. Gallagher To Pay $21M To End Data Breach Suits
Insurance broker Arthur J. Gallagher & Co. has agreed to pay $21 million to resolve several lawsuits consolidated in Illinois alleging that it failed to protect more than 3 million customers from a data breach that compromised their personally identifiable information, with an Illinois federal judge giving her initial blessing to the deal Thursday.
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September 26, 2024
NJ Atty Rips AG For 'Grossly Distorted' Power Broker Case
A New Jersey attorney charged in the state's sweeping indictment against power broker George E. Norcross III accused the Attorney General's Office on Thursday of "attempting to criminalize the routine practice of law" with its charges against him.
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September 26, 2024
NY Appeals Court Casts Doubt On $489M Trump Judgment
Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.
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September 25, 2024
Wash. Judge Says Co., Firm Seem To Share Sanctions Blame
A Washington appeals court judge said Wednesday that a climbing equipment manufacturer and its former trial counsel, Sinars Slowikowski Tomaska LLC, appear to share blame for discovery violations in a product liability lawsuit and that a trial court appeared to have the authority to issue sanctions.
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September 25, 2024
Baltimore Bridge Wreck: 6 Months Later, Claims Mount
A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.
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September 25, 2024
Fla. Condo's Irma Suit Dismissed After Settlement With Insurer
A Florida federal court on Wednesday dismissed a lawsuit brought by a Fort Myers Beach condominium association after it settled with an insurance company for an appraisal award that was allegedly owed for damage caused by Hurricane Irma in 2017.
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September 25, 2024
Owner Tanked NC Captive Insurer, Directors Say
Minority shareholders of a now-defunct North Carolina captive insurer providing liability coverage to nursing homes accused the captive's majority shareholder of refusing to pay over $5 million in premiums and stealing funds to pay off his personal legal debts, seeking damages in North Carolina's business court.
Expert Analysis
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What DOL Fiduciary Rule Means For Private Fund Managers
Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Reps And Warranties Insurance Considerations As M&A Slows
The first six months of the year have seen increasingly favorable rates and policy terms for the representations and warranties insurance market, and policy purchasers are right to pay close attention to pricing, coverage, exclusions, structures and claims as the M&A market cools, say attorneys at Cooley.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Unpacking NY's Revised Hospital Cybersecurity Rule Proposal
The New York State Department of Health's recently revised hospital cybersecurity rule proposal highlights increased expectations and scrutiny around cybersecurity in the healthcare sector, while adapting to both recent industry developments and public comments, say Christine Moundas and Gideon Zvi Palte at Ropes & Gray.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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The Uncertain Scope Of The First Financial Fair Access Laws
With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.