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Insurance
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August 07, 2024
11th Circ. Affirms Unapportioned Wood-Theft Settlement
The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.
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August 07, 2024
Mich. Insurance Agency Pushes Carriers To Safeguard AI Use
The Michigan Department of Insurance and Financial Services urged insurance companies Wednesday to establish a program for the responsible use of artificial intelligence systems to comply with state laws barring unfair practices and discrimination in underwriting.
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August 07, 2024
Insurer Can't Dodge $13.4M Conn. Death Verdict, Estate Says
A mother who won a $13.4 million judgment after her son died in a Connecticut group home says its insurer, Hanover Insurance Co., is trying to use "misplaced" arguments to escape her bid to collect a portion of the judgment, urging a judge not to dismiss her compensation request.
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August 07, 2024
5th Circ. Grapples With 'Ridiculous' $100M Arbitration
A Fifth Circuit panel struggled to make sense out of a "ridiculous" arbitration proceeding that produced four contradictory arbitration awards in a legal malpractice dispute, one awarding $100 million, pressing both sides during oral arguments Wednesday to give answers about how the "spectacle" unfolded.
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August 07, 2024
Gordon Rees Adds Insurance Partner In Orange County Office
Gordon Rees Scully Mansukhani LLP is boosting its insurance team, announcing Wednesday it is bringing on an insurance and liability expert as a partner in its Orange County office in Irvine, California.
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August 07, 2024
Tax Court's Economic Substance Foray May Clarify Limits
A U.S. Tax Court judge plans to address an ill-defined provision governing the relevance of the economic substance doctrine in a microcaptive insurance case, offering the courts another chance to clarify an anti-abuse tool the IRS has been deploying more often.
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August 07, 2024
BP Malpractice Deal Needs Work, 5th Circ. Says
The Fifth Circuit scrapped a legal malpractice settlement in a consolidated lawsuit alleging attorneys were negligent in representing plaintiffs seeking compensation following the BP Deepwater Horizon oil spill, with a panel finding the terms were not mutually agreed upon.
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August 07, 2024
Logistics Co. CEO Denies Role In NJ Racketeering Scheme
The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.
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August 06, 2024
7th Circ. Axes Broker's Win In Buccaneers Deal Coverage Suit
The Seventh Circuit on Tuesday reversed an Indiana federal court's finding that an insurance broker didn't need to indemnify Axis Insurance Co. for the Tampa Bay Buccaneers' voluntary settlement with a player, ruling that the insurers' contract clearly calls for Axis to be indemnified.
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August 06, 2024
Cadwalader Slams Lloyd's For 'Needless' Disclosure, Mockery
Cadwalader Wickersham & Taft LLP has opposed a bid by a Lloyd's of London syndicate to unseal the law firm's complaint seeking $1 million of coverage for a November 2022 data breach, telling the North Carolina Business Court that Lloyd's has chosen to "mock and insult their own customer" while exposing confidential information in its filing to the court.
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August 06, 2024
11th Circ. Won't Let Chubb Unit Ax $13.8M Appraisal Award
A Florida condo association's insurer waived its ability to challenge an over $13.8 million storm damage appraisal award by only arguing in court that the association's appraiser had a conflict of interest, the Eleventh Circuit affirmed Tuesday, finding the insurer could've lodged a challenge during the appraisal process itself.
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August 06, 2024
Testing Lab Can't Add Bad Faith Claims In Income Loss Case
A Pennsylvania federal judge found Tuesday that a prior agreement between a medical testing lab and its insurer expressly precluded added allegations that the insurer acted in bad faith while handling the lab's claim for loss of records and business income.
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August 06, 2024
Blank Rome Adds Closed Insurance Boutique's Managing Atty
Blank Rome LLP has brought on an insurance partner from now-shuttered boutique Pasich LLP to join its insurance recovery group, the firm announced Monday.
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August 06, 2024
UnitedHealth Unlawfully Denies Device Coverage, Suit Says
A medical equipment maker accused UnitedHealth Group Inc. of creating a "soft denial system" to unlawfully deny payments for glucose monitoring devices, telling a Michigan federal court that thousands of claims worth more than $1 million have gone unpaid.
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August 06, 2024
Insurance Atty Shakes Off Retirement To Join Saul Ewing
Eighteen months of retirement was all Saul Ewing's latest addition to its insurance practice could take before he returned to private practice and joined the firm's New York office.
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August 05, 2024
Kia Atty Reduced To 'Monty Python' Knight By Tentative Order
Kia and Hyundai's attorney told a California federal judge Monday that his tentative order denying the companies' motion to dismiss Chicago's claims in multidistrict litigation over car thefts left him feeling like the knight in "Monty Python and the Holy Grail" who loses his arms and legs but keeps fighting.
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August 05, 2024
Manufacturer Can't Get Coverage For BIPA Class Action
An Illinois federal judge awarded a win to an insurer Monday in a suit over coverage of underlying Biometric Information Privacy Act litigation, finding a contractual exclusion prevented coverage for a machine and plastics manufacturer accused of failing to secure employee data.
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August 05, 2024
Insurers Can't Escape Coverage For Russian-Seized Aircraft
A group of insurers can't escape covering one of the largest aircraft lessors for aircraft seized by the Russian government, a California state court ruled, agreeing with the company that even a temporary seizure of its property constitutes physical loss for coverage purposes.
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August 05, 2024
BCBS Asks 9th Circ. To Undo Trans Patients' Win In Bias Suit
Blue Cross Blue Shield of Illinois urged the Ninth Circuit to reverse summary judgment in favor of trans patients who argued its exclusions for gender-affirming treatments violated the Affordable Care Act's anti-discrimination mandate, arguing Friday it is a third-party administrator that didn't design the exclusion nor exercised any control over it.
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August 05, 2024
Insurer Must Face Pa. Trans Firefighter's Surgery Claim
A Pennsylvania federal judge has refused to toss a suit from a transgender Philadelphia firefighter suing Independence Blue Cross for discrimination over the insurer's denial of coverage for facial feminization surgery, finding that claims under federal healthcare law could proceed, but not the Title VII claims.
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August 05, 2024
McGuireWoods Adds 11 From Now-Closed Insurance Boutique
McGuireWoods said Monday that it has added 11 litigators from the now-shuttered insurance boutique Pasich LLP to its office in Century City in California, some of whom will assume practice leadership roles.
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August 02, 2024
Wolverine, Travelers Drop Coverage Claims Over PFAS Suits
Footwear company Wolverine and various Travelers units have agreed to end their coverage battle over underlying lawsuits accusing the company of injuring individuals through its leather tannery operations and exposing individuals to so-called forever chemicals, the parties told a Michigan federal court.
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August 02, 2024
Adviser Wants Fraud Settlement Nixed, Says Fla. Broke Deal
A retirement financial adviser is urging a Florida state court to overturn a settlement with the state's Office of Financial Regulation in an unregistered-securities lawsuit, saying the agency breached the confidential agreement by disclosing why a receiver demanded nearly $800,000 in clawbacks over alleged fraudulent transfers.
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August 02, 2024
Family Denied Quick Win In Insurer's $2M Nursing Home Suit
An insurer for a now-bankrupt Georgia nursing home doesn't have to cover a $2.1 million judgment awarded to the family of a woman who died in the facility's care, a federal judge ruled Friday, finding an agreement between the facility and the family released the facility from all liability.
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August 02, 2024
Del. Judge Won't Toss Cos.' False Claims Coverage Dispute
A Delaware Superior Court judge refused to enforce a "no-action" clause in a suit brought by real estate holding companies seeking directors and officers coverage for an underlying False Claims Act qui tam action, according to a document obtained by Law360 on Friday.
Expert Analysis
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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.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense
In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.
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FDIC Bank Disclosure Rules Raise Important Questions
The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.
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Why RWI Insurers Should Consider Excluding PFAS
As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Parsing Insurance Issues After Mass Shooting 'Occurrences'
A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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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.