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Insurance
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September 20, 2024
Insurers Say Ky. House Damage Wasn't From Mine Collapse
Insurers told a Kentucky federal court to toss a couple's case seeking compensation for damage to their home because of coal mine subsidence, arguing the damage wasn't caused by a collapsing void underground.
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September 20, 2024
3 Atty Takeaways On Mental Health Parity Final Rules
Federal agencies' recently finalized rules for how employer health plans must analyze their coverage of mental health and substance use disorder treatments imposes significant new reporting and disclosure requirements, although regulators backed off more sweeping proposed network design changes. Here are attorneys' three key takeaways from the final mental health parity rules — what made it in, what's out and what to watch for next.
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September 20, 2024
Doctor Can't Secure Disability Coverage, 3rd Circ. Affirms
An ophthalmologist cannot secure total-disability benefits from his occupational disability insurer after he was diagnosed with a nerve condition preventing him from performing surgeries, the Third Circuit ruled, noting he still maintained his practice even after he stopped performing the surgeries.
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September 20, 2024
BNP Paribas Plugging $5B Into Apollo-Backed Atlas
Private equity giant Apollo and its Atlas SP Partners platform, both advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Friday unveiled a strategic partnership with European Union bank BNP Paribas, led by Cadwalader Wickersham & Taft LLP, that will see the global bank plugging an initial $5 billion investment into the collaboration.
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September 20, 2024
Insurer Off Hook For Late-Reported Malpractice Claim
An insurance carrier had no obligation to defend or indemnify a Massachusetts attorney who failed to report a malpractice lawsuit for more than a year, the First Circuit said, affirming a lower court's decision to vacate a $1.1 million jury verdict against the insurer.
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September 20, 2024
Jenner & Block Seeks Exit From Plane Crash Fees Suit
Jenner & Block LLP wants out of a lawsuit brought by Kenyan law firm Arwa & Change Advocates LLP related to a 2019 Boeing aircraft crash that killed all passengers on board, arguing that it can't be sued for providing legal advice to a client.
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September 20, 2024
Mandarin Oriental Can Proceed With COVID Coverage Suit
A New York federal judge declined to toss a COVID-19 business interruption lawsuit by luxury international hotel chain Mandarin Oriental, holding that the chain sufficiently alleged that its loss was caused by an infectious disease under the terms outlined in its "all risks" policy.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 20, 2024
Former Wilson Elser Attorney Drops 9th Circ. Benefits Appeal
The Ninth Circuit has agreed to dismiss a federal benefits lawsuit from a former Wilson Elser Moskowitz Edelman & Dicker LLP partner who claimed he was owed long-term disability benefits tied to chronic fatigue, after the parties held a lengthy mediation of the dispute.
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September 19, 2024
CFPB's Chopra Sounds Alarm On Home Insurance 'Crisis'
Consumer Financial Protection Bureau Director Rohit Chopra called Thursday for concerted policy action to tame spiking homeowners insurance costs and said he's looking into streamlining rules on mortgage refinancing to help consumers take advantage of the Federal Reserve's shift into rate-cutting mode.
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September 19, 2024
Insurance Mogul Takes $166M Arbitration Loss To 4th Circ.
Convicted insurance mogul Greg Lindberg is looking to overturn a $166 million arbitral award favoring defunct Dutch life insurer Conservatrix after a North Carolina federal judge found the proceedings were conducted fairly.
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September 19, 2024
Insurer Must Cover Fatal Motorcycle Crash, Could Owe $12.5M
A Florida federal court ordered an insurer to pay up to its policy limits in a case that could cost it nearly $12.5 million after a delivery driver for a Chinese restaurant made an illegal turn on a Florida interstate, hitting and killing a motorcyclist in 2018.
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September 19, 2024
9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit
Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.
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September 19, 2024
Halted DOL Fiduciary Regs Could Open Lane For SEC Action
The U.S. Securities and Exchange Commission might need to help clear up confusion about fiduciary investment advice standards in the wake of two Texas judges halting new retirement security regulations from the Labor Department, members of an SEC investor advisory committee said Thursday.
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September 19, 2024
No Coverage For Santander Shareholder Suit, Allianz Says
Allianz told a Massachusetts federal court that it doesn't owe coverage to Santander Holdings for an underlying class action brought by shareholders over the company's $2.5 billion deal to take its consumer finance entity private, arguing that multiple exclusions bar coverage for claims arising from the transaction.
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September 19, 2024
11th Circ. Asked To Revisit Coverage Ruling Over Comma
Food company owner ECB USA Inc. is asking the Eleventh Circuit to reconsider a decision clearing a Chubb insurance unit from covering a $4.2 million settlement agreement over the lack of a comma in a professional services policy, arguing the ruling misapplied New Jersey law.
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September 19, 2024
Insurers Wrestle With 'Cyberwar' Policy Exclusions
The evolving cyberinsurance market could be heading for a seismic shift if more insurers scale back standard business IT breach policies to limit the impact of state-backed cyberattacks on their bottom line.
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September 18, 2024
Fla. Jury Awards $5M To Teacher Injured In Car Crash
A Florida state court jury has awarded more than $5 million to a teacher involved in a 2022 vehicle collision, resulting in serious injuries to her back and neck following a trial in Jacksonville.
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September 18, 2024
Insurers Demand Arbitration Of La. Storm Damage At 2nd Circ.
A Second Circuit panel puzzled over whether to uphold a New York federal court's ruling denying surplus insurers arbitration in a Louisiana hurricane damage case, during oral arguments over whether the court should follow Bayou State law prohibiting arbitration or reverse the lower court's decision.
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September 18, 2024
5th Circ. Favors Excess Insurer In Marina Coverage Dispute
The Fifth Circuit upheld a ruling in an inter-insurer dispute over coverage responsibilities of a $13.7 million judgment entered against their mutual client, holding Wednesday that while the excess insurer breached its duties, the primary insurer bears the larger financial burden because it failed to properly settle the underlying dispute.
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September 18, 2024
DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse
The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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September 18, 2024
No Excess Coverage For Atos' Trade Secrets Suit, Judge Says
A Liberty Mutual unit doesn't owe coverage to a subsidiary of French information technology giant Atos for an underlying trade secrets suit, a New York federal court ruled, saying the company failed to provide timely notice of the claim as required by its $10 million errors and omissions policy.
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September 18, 2024
Pillsbury Brings Back Ex-Covington Insurance Pro In LA
Pillsbury Winthrop Shaw Pittman LLP has welcomed back in Los Angeles a former Covington & Burling LLP of counsel who has guided commercial policyholders on insurance coverage matters for over two decades and has recovered $1 billion from insurers for his clients.
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September 18, 2024
GrayRobinson Gains Ex-Brown & Brown Leader In Orlando
GrayRobinson PA has added an of counsel in Orlando, Florida, who spent much of his career in executive leadership roles at insurance brokerage Brown & Brown Inc.
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September 17, 2024
Allstate Freed From Texas Auto Insurance Class Action
A Texas federal judge handed Allstate a win in a proposed class action over allegedly discriminatory auto insurance premium rates, adopting a magistrate judge's recommendations that the class not be certified and that the insurer be freed from the suit before trial.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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How HHS Discrimination Rule Affects Gender-Affirming Care
The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Leveraging Insurance Amid Microplastics Concerns
A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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An American Policyholder's Guide To UK Insurance Arbitration
No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.