Insurance

Expert Analysis

• The Legal Trends Behind 'Social Inflation' In Insurance

  

  Modern societal factors such as litigation funding and the information age's impact on jurors have generally raised insurers' defense and indemnity costs across multiple lines of coverage. Fortunately, insurers have several tools to address this increase, sometimes referred to as social inflation, say attorneys at Hinshaw & Culbertson.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• CMS Reinsurance Rule Raises Quota Share Questions

  

  Although the Centers for Medicare & Medicaid Services' new reinsurance rule is a welcome development for Medicare Advantage organizations, uncertainty surrounds whether it could ever allow quota share reinsurance agreements, say Jon Biasetti and Benjamin Sykes of Locke Lord.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

• Recent Cases Defy Conventional Merger Control Wisdom

  Excerpt from Lexis Practice Advisor

  

  In the decades since the passage of the Hart-Scott-Rodino Act and Tunney Act, four mergers and acquisitions antitrust practice trends have endured, but there are several recent counterexamples — including a New York federal court's approval of the T-Mobile-Sprint merger this week, says Tim Haney of Lexis Practice Advisor.

• 6 Steps Insurers Can Take To Stay Ahead Of Privacy Laws

  

  When working to comply with the California Consumer Privacy Act and new privacy and data security regulations in other states, insurers need to assess the categories, sources and uses of personal data they collect, paying close attention to important definitions that may vary under different laws, say Laura Jehl and Jaime Petenko of McDermott.

• Insurance Ruling Handles Ransomware Coverage Logically

  

  A Maryland federal judge's recent decision in National Ink and Stitch v. State Auto is among the first to hold that a business owner's insurance policy covered ransomware attack losses, utilizing well-reasoned analysis to demonstrate that coverage for cyberrisks can be found in traditional insurance contracts, say attorneys at Jaszczuk.

• Malpractice Landscape Is Becoming Riskier For BigLaw

  

  A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

• Perspectives

  Book Review: A Lawyer Reflects On Defending Guilty People

  

  In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

• 4th Circ. Insurance Ruling Highlights Risks Of Broker Errors

  

  The Fourth Circuit's recent decision in Old White Charities v. Bankers Insurance reminds policyholders to read their insurance applications carefully, because courts may hold them accountable even if an error is made by a broker, says Tae Andrews of Miller Friel.

• What To Know About IRS Microcaptive Insurance Settlements

  

  Audited taxpayers with microcaptive insurance transactions who received a settlement offer as part of a recent IRS resolution initiative must consider whether the amount of money at issue or the existence of unfavorable facts outweigh the cost of accepting the harsh terms, says Philip Karter at Chamberlain Hrdlicka.

• Conflicts In Circuits’ Approach To Email Scams Hold Lessons

  

  Recent decisions from the Second and Eleventh Circuits demonstrate that courts are diverging on how to treat insurance coverage for email spoofing losses, but still hold valuable lessons for individuals, insurers and organizations, say Alexander Cogbill and Kristian Smith of Zelle.

• Cyber Liability Insurance Is Gaining Value For Cannabis Cos.

  

  A recent cyberattack that exposed tens of thousands of cannabis dispensary customers' personal data underscores why cyber liability insurance is increasingly necessary for cannabis companies, but rising premiums highlight the importance of tailoring coverage to specific needs, say attorneys at Reed Smith.

• Alphabet's Missteps Offer Crisis Management Case Study

  

  Corporate strategy and communications surrounding the recent resignation of Alphabet's chief legal officer provide a remarkable example of what companies should not do in a crisis, says Jolie Balido at NewStar Media.