Insurance

  • January 27, 2022

    11th Circ. Upholds Geico's Win In $1M Crash Coverage Fight

    The Eleventh Circuit sealed Geico's summary judgment win in a $1 million dispute over coverage for a car crash after it found that the insurer's policyholders didn't buy uninsured motorist insurance.

  • January 27, 2022

    Climate Change Swells Crop Insurance Payouts, Report Says

    Crop insurance payouts for drought and excess precipitation have increased dramatically since 1995, according to an analysis released Thursday of U.S. Agriculture Department data from the Environmental Working Group, which is advocating for climate change-related reforms in Congress' next farm bill.

  • January 27, 2022

    5 Breyer Opinions For Financial Services Attys To Know

    U.S. Supreme Court Justice Stephen Breyer's views on issues like securities fraud liability, antitrust enforcement and federal preemption have left their mark on the financial services legal landscape. Here, Law360 looks at some of his key opinions in the field as the longtime liberal justice heads for the exit.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Fla. Judge Gives Cancer Patients Win Against Aetna

    A Florida federal judge granted two cancer patients a win Thursday in their proposed class suit against Aetna claiming they were wrongfully denied coverage for proton beam radiation therapy under their employer-issued health plans.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Genworth Policyholders Ask Chancery For $1.55B Escrow

    A group of policyholders who allege that Genworth Financial Inc. sabotaged the value of their long-term care policies through fraudulent asset transfers has asked the insurance company to set aside $1.55 billion for damages they are seeking in a Delaware Chancery Court class action.

  • January 27, 2022

    Judge Tosses LA Landlord's Virus Loss Suit Against Travelers

    A California federal judge tossed a commercial landlord's suit against Travelers Indemnity Co. on Thursday, saying its insurance policy did not provide coverage for more than $1.8 million in pandemic-related losses.

  • January 27, 2022

    Former Refinery Owner Reaches Deal In Ch. 11 Insurance Row

    The former owner of a Philadelphia oil refinery that suffered a catastrophic explosion in 2019 has reached a deal to resolve a dispute with insurers over coverage for the property damage sustained in the blast and ensuing fire.

  • January 27, 2022

    Quinn Emanuel Links Up With Top Saudi Litigator

    Top international trial firm Quinn Emanuel Urquhart & Sullivan LLP has announced its association with a Saudi litigator as it looks to gain a foothold in major markets globally, saying the lawyer has broad experience representing clients in the kingdom of Saudi Arabia.

  • January 27, 2022

    Aon Says 2021 Disasters Propelled High Insurable Losses

    Hurricane Ida and other major storms that hit the U.S. in 2021 resulted in the third-costliest year on record for the insurance industry, according to a report from professional services company Aon, which warns that climate change threatens to increase risks.

  • January 27, 2022

    Allianz Unit's Negligence Claims Over Hotel Damage Revived

    The Georgia Court of Appeals revived an Allianz unit's negligence claim against a construction manager and its subcontractor over paying out $1.3 million for water damage at an Atlanta hotel.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Insurance Group Of The Year: Pasich LLP

    With a landmark victory for Dole Food Co. against one of its directors and officers insurers in the Delaware Supreme Court, as well as some of the few COVID-19 coverage successes for policyholders, Pasich LLP has been named one of Law360's 2021 Insurance Practice Groups of the Year.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    No Physical Loss Dooms Gift Shop Co.'s Virus Coverage Suit

    The Cincinnati Casualty Co. doesn't have a duty to cover a gift shop supply company's business interruption losses resulting from the coronavirus pandemic, a Texas federal judge ruled Wednesday, finding that the complaint lacks allegations of direct physical damage.

  • January 26, 2022

    University Of Colorado Avoids Virus Coverage Suit Dismissal

    The University of Colorado's suit against Factory Mutual Insurance Co. seeking to recover business interruption losses caused by the COVID-19 pandemic can move forward, a Colorado state judge ruled Wednesday.

  • January 26, 2022

    Insurers Beat Virus Suit In NJ As Property Damage Is Absent

    A New Jersey state judge ruled Wednesday that the lack of property damage torpedoed a bid from hospitality and recreational companies to obtain up to $490 million in coverage from excess insurers for losses related to the coronavirus outbreak.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Insurance Broker Must Face Trimmed Disability Coverage Suit

    An injured Kansas contractor can continue pursuing some of his claims of negligence and misrepresentation against his insurance broker, although a Kansas federal judge on Wednesday sided with the broker on certain claims.

  • January 26, 2022

    Insurer Eyes Win In $1.7M Faulty Stucco Coverage Fight

    Main Street America Assurance Co. urged a Pennsylvania federal judge to grant it an early win in a $1.7 million coverage dispute against a subcontractor accused of inadequately installing stucco in 34 homes, saying the claims are not covered under the provisions of its policy.

  • January 26, 2022

    Insurer Must Turn Over Underwriting Manuals In Fla. Case

    A Florida-based insurance company must turn over some of its underwriting manuals in a property damage suit, a state appeals court ruled Wednesday, saying it had no reason to believe the documents weren't relevant to the dispute.

  • January 26, 2022

    9th Circ. Revives Suit Seeking Crime Insurance Coverage

    The Ninth Circuit on Wednesday resurrected a Long Beach, California, property management company's fight over crime insurance coverage, finding that a lower court incorrectly ruled that a bamboozled employee who wired money to a fraudster, not the fraudulent email itself, caused its $200,000 loss. 

  • January 26, 2022

    Gun Rights Group Says San Jose Insurance Edict Is Unlawful

    The National Association for Gun Rights has sued the city of San Jose, California, in federal court, arguing that a newly passed ordinance requiring gun owners to purchase insurance and pay an annual "gun harm reduction fee" violates their constitutional rights.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Rebuttal

    Trucking Cos. Need Stronger Insurance To Protect Public

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    A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    Trucking Industry Needs Protection From Huge Legal Verdicts

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    Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

  • 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

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    A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Medicare Advantage Plans Must Beware DOJ Scrutiny

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    The U.S. Department of Justice is increasingly investigating how health insurers report risk adjustment data in connection with the Medicare Advantage program, and several recent cases help detail the types of conduct that the DOJ is focusing on, say attorneys at Debevoise.

  • Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

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    The theory behind Minnesota's litigation against major oil companies is that the petroleum industry has known for decades that use of fossil fuels causes climate change — and the parallels with the state's successful 1990s litigation against the tobacco industry are instructive, say Dennis Anderson and Jason Reeves at Zelle.

  • How The ERISA Landscape May Shift This Year

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    Employee Retirement Income Security Act litigation shows no signs of slowing down after the past two landmark years, with courts poised to tackle key issues including the pleading standard for fee cases, the enforceability of arbitration agreements, mental health parity and more, say attorneys at Groom Law Group.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

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