Insurance

  • April 25, 2024

    Emotional Damages Not Covered In OD Suit, Pa. Justices Rule

    The Pennsylvania Supreme Court has reversed a lower court's ruling that a Nationwide unit had a duty to defend two homeowners in a suit over a man's fatal overdose under their roof, holding Thursday that underlying emotional distress damages don't fall within the policy's definition of bodily injury.

  • April 25, 2024

    UN Insurance Climate Group Relaunched After Backlash

    An alliance of global insurers formed to accelerate the sector's move to a carbon-neutral economy was replaced on Thursday by a group encompassing less stringent requirements, after attempts to establish shared climate efforts prompted legal and regulatory backlash last year.

  • April 24, 2024

    Tax Fraud Case Skewed By Prosecutors' Spin, NC Jury Told

    Prosecutors and defense attorneys in a tax fraud trial against two lawyers and an insurance agent traded final barbs Wednesday in a North Carolina courtroom before sending the jury to deliberate, with the defendants again defending the tax plan at the center of the government's case and accusing prosecutors of making up facts.

  • April 24, 2024

    Pepsi Can't Use Workers' Comp Immunity In Fla. Shooting Suit

    Florida's Third District Court of Appeal on Wednesday ruled that a Pepsi subsidiary can't utilize a workers' compensation immunity defense in a lawsuit brought by a former employee who was shot by a co-worker, saying the company took inconsistent positions on his claim for benefits.

  • April 24, 2024

    Map Co. Objects To Recommendation Of Tossing IP Case

    A mapping company has taken issue with a recommendation by a federal magistrate judge in New York that its copyright infringement lawsuit against environmental risk assessment data company ERIS Information should be tossed.

  • April 24, 2024

    Insurer Wants Other Carrier's Third-Party Coverage Suit Axed

    An insurer asked a Colorado federal court to toss Acuity's third-party suit alleging breach of contract in a coverage dispute over a construction defect arbitration proceeding, saying the claim failed because there is no privity of contract between the two carriers.

  • April 24, 2024

    Condo Group Says Insurer Is Blowing Off Wind, Hail Damage

    Greater New York Mutual Insurance Co. has moved to federal court an Ohio non-profit condominium community's state court lawsuit accusing it of lowballing the group's wind and hail damage costs and then refusing to engage in their agreed-upon appraisal process.

  • April 24, 2024

    Anthem Faces Class Action Over Cancer Treatment Denials

    Anthem Health Plans Inc. has been hit with a proposed class action in Connecticut alleging that it routinely denies requests for proton beam radiation therapy, a cancer treatment that the complaint asserts is recognized as "established, medically appropriate, safe and effective" but which the insurer deems experimental.

  • April 24, 2024

    Samsung Unit Says Exclusion Doesn't Apply To Storm Losses

    A Samsung unit seeking coverage for more than $400 million in damage to its semiconductor manufacturing facility related to Winter Storm Uri in 2021 asked a Texas federal court to rule that power loss during the storm did not trigger the policy's so-called lack of services exclusion.

  • April 24, 2024

    MassMutual Plugs Billions Into Apollo-Backed Atlas SP

    Private equity giant Apollo, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Wednesday announced that Simpson Thacher & Bartlett LLP-led insurance company MassMutual has become the newest minority equity owner of its Atlas SP Partners after a multibillion-dollar investment.

  • April 23, 2024

    BNSF Says Zurich Should Pay For Defense In Asbestos Cases

    BNSF asked a Texas appeals court Tuesday to consider hundreds of asbestos exposures in Libby, Montana, as separate occurrences to trigger an insurance policy provision, saying during oral arguments that Zurich American Insurance Co. needed to cough up defense costs in cases relating to the exposures.

  • April 23, 2024

    Seller Fights Lender Over First Dibs On $3 Million Property

    A lender that took possession of a $3 million property in Haslet, Texas, seems to have negotiated the sale of the tract to an unaffiliated party, Texas appeals court justices said during oral arguments in Fort Worth on Tuesday, in a fight over whether the original seller gets right of first refusal after the land went into foreclosure.

  • April 23, 2024

    Feds Urge Court To Admit Ex-VP Info In Mogul's Bribery Case

    Federal prosecutors have struck back against embattled insurance mogul Greg Linderg's attempt to keep evidence about a former employee's alleged involvement in a bribery scheme from a jury, telling the court that the employee's acquittal on related charges doesn't make evidence dealing with him inadmissible.

  • April 23, 2024

    Goosehead Insurance Investor Looks To Pause Chancery Deal

    A stockholder of Goosehead Insurance Inc. who struck a settlement last year with the Texas-based company to end his proposed class action over disproportionate insider control asked Delaware's Court of Chancery on Tuesday to put the deal on hold until another case involving investment bank Moelis & Co. plays out.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Baltimore Sues Owners Of Ship That Crashed Into Key Bridge

    Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.

  • April 23, 2024

    Insurer Wants Out Of Skate Rink Rape Suit Coverage

    A Selective Insurance Group affiliate on Monday asked a Georgia federal court to find it has no duty to defend an Atlanta-area skate rink where an employee allegedly kidnapped and raped an unaccompanied child in the aftermath of a shooting last year.

  • April 23, 2024

    NY Panel Partially Revives Chubb, Archdiocese Abuse Row

    A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.

  • April 23, 2024

    Lin Wood Seeks Defamation Suit Pause Amid Insurance Spat

    Counsel for disbarred attorney Lin Wood has asked a Georgia federal judge to halt a defamation suit brought by Wood's former colleagues while a spat over his legal insurance plays out in the Georgia court system.

  • April 23, 2024

    Feds Want About 3 Years In Prison For LA Bank Embezzler

    The former chief financial officer at a community bank in Los Angeles should spend nearly three years in prison after admitting he embezzled more than $700,000 and used employee identities in a life insurance scheme, the government told a California federal court.

  • April 23, 2024

    DOL's Final Investment Advice Regs Expand ERISA's Reach

    The U.S. Department of Labor issued final regulations Tuesday broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, backing off some changes included in a proposal the agency released in October.

  • April 22, 2024

    Colo. Justices Clarify Med Mal Damages Cap Calculation

    The Colorado Supreme Court held Monday that a trial court can't consider a victorious medical malpractice plaintiff's insurance liabilities to statutorily cap his award at $1 million, saying an exception to the state's "collateral source" statute bars application.

  • April 22, 2024

    Morgan Lewis Atty Aims ERISA Suit At Firm's Plan, Unum

    A Morgan Lewis & Bockius LLP lawyer has lodged an Employee Retirement Income Security Act suit against the firm's benefit plan, claiming the plan illegally and abruptly terminated her long-term disability benefits after seemingly applying criteria irrelevant to her work.

  • April 22, 2024

    Atty Says Class Bid Over Bankrupt Firm's Hurricane Ads Fails

    A proposed class action against troubled Houston law firm MMA Law Firm, a former partner and others accused of participating in an illegal scheme to scare up profitable litigation following a hurricane doesn't offer enough evidence for certification and didn't meet a filing deadline, the ex-partner told a Texas federal judge.

  • April 22, 2024

    Unions Can Refile Tossed ERISA Suit Against Anthem BCBS

    A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.

Expert Analysis

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Insurance Cos. Are Stretching Construction Standard Limits

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    In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.

  • 7 Ways Telco Operators Can Approach Lead Cable Claims

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    A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

  • Auto Insurers Should Reassess Calif. Diminished Value Claims

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    Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • How Reps And Warranties Insurance Can Aid Sellers In M&A

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    Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.

  • Series

    ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Ore. Warranty Ruling Complicates Insurance Classification

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    The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

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