Insurance

  • September 10, 2024

    Most Young Lawyers Say Debt Alters Their Career Plans

    A recent student debt study by the American Bar Association Young Lawyers Division has found that student debt affects young attorneys in many ways — including changing their career plans.

  • September 09, 2024

    White House Final Rule On Mental Health Parity Unveiled

    The White House released a final rule Monday meant to boost employer health plans' compliance with a federal law requiring coverage for mental health and substance use disorder treatments that's at the same level as physical health care.

  • September 06, 2024

    Property Co. Not Covered By Excess Carriers In Antitrust Row

    A property management company is not owed coverage from two excess insurers in an underlying multidistrict litigation surrounding allegations of a price-fixing conspiracy involving software company RealPage Inc., a Massachusetts federal judge ruled, finding the excess insurers had no obligations under the management company's primary policy.

  • September 06, 2024

    Pa. Borough Says Insurer, Atty Wrongfully Settled Feud

    A Pennsylvania borough accused its insurer-retained counsel of committing legal malpractice by consummating a settlement acting against its wishes in an underlying "baseless" lawsuit brought by a borough council member, telling a state court that the attorney acted in the insurer's best interest.

  • September 06, 2024

    11th Circ. Revives Slip-And-Fall Suit Against Westin Hotel

    The Eleventh Circuit reversed a win for Westin Hotel in a former guest's suit over injuries sustained in a slip and fall at an Indianapolis hotel, ruling that after the insurer that paid the guest workers' compensation benefits intervened in the suit, the case should have been sent back to state court.

  • September 06, 2024

    Insurer Tries To Stop Asset Transfers In $2.6M Builder Lawsuit

    An insurance company has urged a Montana federal court to temporarily block a group of construction companies from transferring assets, alleging they owe more than $2.6 million in payments, claims and attorney fees related to projects in Montana and Wyoming.

  • September 06, 2024

    4 ERISA Arguments To Watch In September

    The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.

  • September 06, 2024

    $147.5M Life Insurance Class Deal Gets First OK In Conn.

    A Connecticut federal judge has given his initial approval to a $147.5 million settlement in a class action accusing two insurers of overcharging policyholders when deducting costs from savings accounts attached to universal life insurance plans, turning away objections from plaintiffs in parallel cases in other states.

  • September 06, 2024

    Judge Barnard Says It's 'About Time' For Texas Biz Court

    Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.

  • September 06, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.

  • September 06, 2024

    Red Lobster Landlord Sues Zurich Over $1.2M Fire Payment

    The owner of a property leased to Red Lobster said a Zurich unit negligently failed to name the owner on settlement checks issued to the eatery after a fire, telling a New Jersey federal court the failure allowed Red Lobster to avoid using the $1.2 million to make repairs.

  • September 05, 2024

    Judge Sharp No Stranger To Complex Cases Biz Court To See

    Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.

  • September 05, 2024

    3rd Circ. Relieves Insurer Of Additional UIM Coverage

    The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.

  • September 05, 2024

    ER Doctors End Surprise Billing Battle With Harvard Pilgrim

    A medical group that staffs the emergency departments at several Connecticut hospitals on Thursday dropped a lawsuit accusing Harvard Pilgrim Health Care Inc. of improper billing practices and agreed to pay the insurer some of the costs of the litigation that was doomed by a recent Connecticut Supreme Court opinion.

  • September 05, 2024

    Berkshire Unit Owes $1M For Shooting, Ga. Man Says

    A man shot during an armed robbery at a convenience store told a Georgia federal court that a Berkshire Hathaway unit must pay its full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner.

  • September 05, 2024

    'Regrettable Mistake' Can't Bar Subrogation Bid, Insurer Says

    An insurer for a Hardee's restaurant urged a North Carolina state appeals court to revive its subrogation action over a December 2019 fire, after it said its counsel made a "regrettable mistake" in naming a related brokerage as the plaintiff rather than the insurer itself.

  • September 05, 2024

    Lloyd's Looks To Ditch Cadwalader's Coverage Suit In NC

    A Lloyd's of London syndicate is urging the North Carolina Business Court to toss a Cadwalader Wickersham & Taft LLP lawsuit seeking coverage for a 2022 data breach, saying the law firm failed to include three other carriers included on the insurance policy at issue.

  • September 05, 2024

    Liberty Mutual Settles Call Center Workers' Pay Complaint

    A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.

  • September 04, 2024

    Dentons Adds Litigation And Dispute Partner From Woods

    Dentons has hired a new Montreal-based partner for its litigation and dispute resolution group from Woods LLP, saying she will handle complex domestic and international litigation and arbitration matters.

  • September 04, 2024

    Medical Cos. Must Provide Doctor Names In Fla. Qui Tam Suit

    A Florida federal judge has ordered several medical companies accused of fraudulently obtaining more Medicare funding than they were owed to produce the names of doctors associated with the companies, saying the difference between employed and affiliate providers isn't relevant.

  • September 04, 2024

    10th Circ. Partially Nixes Insurer Win In Liposuction Death Suit

    The Tenth Circuit on Wednesday revived a health provider's bad faith claim against its insurer over coverage for a $60 million judgment stemming from a woman's fatal liposuction surgery, finding the claim fell within a four-year period of limitations for insurance bad faith claims.

  • September 04, 2024

    Nonsolicits Don't Need Geographic Terms, Ga. Justices Say

    The Supreme Court of Georgia said on Wednesday that restrictive covenants don't need to contain an explicit territorial component for them to be deemed reasonable under state law, reviving a marketing organization's attempt to enforce a nonsolicitation provision in its contracts with independent agents.

  • September 04, 2024

    UBH Wins On Parity In Family's Mental Health Benefits Fight

    A Utah federal judge has handed mixed results to United Behavioral Health and a father whose child was partially denied coverage for mental health treatment at two residential treatment centers.

  • September 04, 2024

    Turning Tides: Real Estate's Impending Insurance Crisis

    Climate risk, once an abstract concept, is now a stark reality in the real estate industry as damage from stronger and more frequent weather events portends a drastic correction in the property insurance market. This new series explores state and local government efforts, shifting investor behavior, and home-buying trends as the climate-driven insurance crisis bubbles to the surface.

  • September 04, 2024

    NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach

    As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.

Expert Analysis

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    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.

  • 5 Critical Factors Driving Settlement Values In Cyber Litigation

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    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.

  • How Associates Can Build A Professional Image

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    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.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    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.

  • Think Like A Lawyer: Always Be Closing

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    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.

  • Reps And Warranties Insurance Considerations As M&A Slows

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    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.

  • 8th Circ. Insurance Ruling Spotlights Related-Claims Defenses

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    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • Unpacking NY's Revised Hospital Cybersecurity Rule Proposal

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • The Uncertain Scope Of The First Financial Fair Access Laws

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    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.

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