Insurance

  • February 18, 2025

    Plaintiffs Atty Flags 'Worst' Parts Of Georgia's Tort Reform

    A ban on proposing damages amounts to juries in order to "anchor" them, and easier access to two-phase trials, are the worst parts of a proposed "sweeping" tort reform package being pushed heavily by Georgia Gov. Brian Kemp, according to a prominent plaintiffs attorney.

  • February 14, 2025

    Insurers Say Del. Ruling Caps Redstone, NAI Coverage

    Four insurers for National Amusements Inc. and Shari Redstone are pointing to a recent Delaware Supreme Court ruling as supporting their claim that common, underlying wrongful acts bar two separate multimillion-dollar coverage claims for litigation costs in 2016 and 2019 focused on control of CBS and Viacom.

  • February 14, 2025

    Insurer Can Proceed With Miami Retaliation Coverage Dispute

    A Florida federal court partially rejected on Friday a magistrate judge's dismissal recommendations in a dispute between the city of Miami and an insurer over coverage for underlying lawsuits that allege political retaliation, allowing the parties to litigate the insurer's potential duty to defend.

  • February 14, 2025

    Smithfield Fires Back At 'Improper' CLO Deposition Bid

    Smithfield Foods Inc. urged North Carolina's Business Court not to let a Chubb unit depose the pork producer's legal chief, calling the insurer's motion from last week an "improper and untimely attempt to seek discovery that Ace could have pursued before the fact discovery deadline."

  • February 14, 2025

    Drug Costs, State Laws Fuel Push For Fed. Action On PBMs 

    Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.

  • February 14, 2025

    Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills

    California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.

  • February 14, 2025

    Insurer Goes After Another In $3.5M Sewer Damage Suit

    A subcontractor's insurer lodged a third-party complaint against a Liberty Mutual unit in Colorado federal court, accusing it of reaching a "collusive" $730,000 consent agreement in an underlying sewer rupture dispute and arguing that the unit should've paid its full $2 million limit instead.

  • February 14, 2025

    Nonprofit Not Covered For Palestine Protest Suit, Insurer Says

    An insurer said it has no duty to defend or indemnify a social justice organization against a proposed class action concerning a Chicago protest in support of Palestine, telling a New York federal court the allegations against the Westchester County foundation don't fall within its policies' scopes of coverage.

  • February 14, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Spice Girls star Mel B's ex-husband bring a defamation claim against the publisher of The Sun, a hotel sue a former director convicted of embezzling its funds for breach of fiduciary duty, and comedian Russell Brand face a sexual abuse claim. Here, Law360 looks at these and other new claims in the U.K.

  • February 13, 2025

    UnitedHealth Can't Escape All Claims In AI Denial Suit

    A Minnesota federal judge Thursday allowed Medicare Advantage patients and the estates of deceased enrollees to pursue breach of contract claims against UnitedHealth over its alleged use of AI to override physician recommendations, finding they are not preempted by the Medicare Act, but tossed others by holding they are preempted.

  • February 13, 2025

    Oil & Gas Co.'s Antitrust Suit Baseless, Insurers Say

    Insurers who hold surety bonds in an oil company and have been accused of colluding with other bondholders to demand additional collateral have urged a Texas federal court to dismiss the antitrust allegations against them, saying the dispute is contractual only.

  • February 13, 2025

    NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud

    The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.

  • February 13, 2025

    Insurers Say Adjuster Must Cover $66M Suit Over Boat Death

    Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.

  • February 13, 2025

    Judge's Bias Justifies Reviving Insurance Row, Fla. Panel Says

    A man whose legal counsel was disbarred while his insurance suit was pending will have another chance to pursue his claims, a Florida state appeals court has determined, reversing a lower court order that threw out the suit for delays and moving the case to another judge after finding evidence of potential "bias or prejudice."

  • February 12, 2025

    Social Media MDL Judge Rips Google, Snap Quick Appeal Bid

    A California federal judge indicated Wednesday she likely won't let Google and Snap file interlocutory appeals in multidistrict litigation over social media's allegedly addictive designs, saying the appeals requests make "no sense," and she slammed Meta insurers' unnecessary motion to expedite its coverage dispute with Meta as "unprofessional."

  • February 12, 2025

    Insurer Says Gun Clause Blocks Deadly Shooting Coverage

    An insurer has said a firearms exclusion in a Washington state sports pub's policy bars coverage in a pair of wrongful death lawsuits stemming from a shooting more than three years ago that left three people dead.

  • February 12, 2025

    3rd Circ. Says Parents Can't Get Coverage In Gun Case

    A couple whose son was found guilty of two homicides is not entitled to coverage from two homeowners insurers for a civil suit filed by one victim's mother, the Third Circuit affirmed, finding the civil case accused the parents of intentionally concealing the firearm their son allegedly used.

  • February 12, 2025

    AIG Unit Says $6M Construction Defect Deal Isn't Covered

    An AIG unit said it shouldn't have to cover a $6 million agreement and stipulated judgment between a stucco subcontractor and the owner of an apartment construction project, telling an Arizona federal court Wednesday that the deal is unreasonable and unenforceable.

  • February 12, 2025

    Allstate Hit With Another Class Action Over Data Collection

    Allstate has been hit with another proposed class action in Illinois federal court accusing the auto insurer of illegally obtaining the personal driving data of millions of policyholders via software embedded in third-party apps and using that data for the insurer's own underwriting purposes.

  • February 12, 2025

    NC Justices Weigh Blame For Errors In Insurance Application

    The North Carolina Supreme Court on Wednesday grappled with who is to blame for misstatements in an insurance application that was prepared by an agent but signed by the homeowner, with the agency arguing it was on the homeowner to catch those mistakes.

  • February 12, 2025

    Insurer Needn't Pay For Leaky Window Arbitration Award

    An insurer doesn't need to pay for an arbitration award entered against its policyholder and in favor of a Kansas county board of commissioners in a defective window installation dispute, a federal court ruled, saying the commercial general liability policy at issue doesn't cover the policyholder's breach of contract.

  • February 11, 2025

    Calif.'s Insurance Safety Net Gets $1B Infusion For Fire Claims

    California Insurance Commissioner Ricardo Lara has signed off on $1 billion in additional funding for California's FAIR Plan, the state's insurer of last resort, to ensure the plan can keep paying consumer claims to survivors of the Southern California wildfires, according to an order issued Tuesday.

  • February 11, 2025

    GOP Reps. Reintroduce Litigation Funding Disclosures Bill

    Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    NY Judge Sides With Attorney In Golf Malpractice Row

    A New York federal magistrate judge has recommended summary judgment in favor of an attorney in a legal malpractice lawsuit in which he is accused of causing the plaintiffs to lose an Arizona golf course property because he failed to file the proper bankruptcy paperwork.

Expert Analysis

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • 6 Considerations To Determine If A Cyber Incident Is Material

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    The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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