Insurance

  • April 24, 2025

    Judge Lifts Arbitration Order In Hurricane Coverage Suit

    A Louisiana federal judge Wednesday reversed his decision compelling arbitration of an insurance dispute over coverage for hurricane damage in light of new precedent from the state's top court, pointing to a "crucial" mandate requiring that the underlying policies be interpreted as separate contracts.

  • April 24, 2025

    Insurer Says No Coverage For Nursing Home Negligence Deal

    An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.

  • April 24, 2025

    Margolis Edelstein Accused Of Botching Malpractice Coverage

    Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.

  • April 24, 2025

    Pest Co.'s Ex-Employee Not Covered In Child Assault Suit

    An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the employee nor his insulation company is insured under any available insurance policy.

  • April 24, 2025

    Calif. Panel Says Insurance Adjuster's PAGA Suit Is Too Late

    A former adjuster for an insurance claims management company was too late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.

  • April 24, 2025

    SEC Annuity Fraud Case Ends In Mixed Verdict

    A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.

  • April 24, 2025

    Insurance Cos. Need Not Cover Medical Cannabis In NM

    A New Mexico federal judge has thrown out a medical cannabis seller's suit against three insurers over coverage of medical cannabis, finding that New Mexico law doesn't mandate coverage, and even if it did, it would be preempted by federal law.

  • April 23, 2025

    10th Circ. Says Lower Court Erred On Pollution Coverage

    A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."

  • April 23, 2025

    Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.

    A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.

  • April 23, 2025

    Texas Court Skeptical Of 'Death Star' Standing Argument

    A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.

  • April 23, 2025

    Ex-Exec Says Centene Harassed Him Over Void Noncompete

    A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.

  • April 23, 2025

    Xcel Says Holding Co. Doesn't Belong In Colo. Wildfire Case

    Xcel Energy Inc. told a Colorado state court it shouldn't be named as a defendant in consolidated litigation seeking to hold it and two subsidiaries liable for a 2021 wildfire, arguing that the plaintiffs couldn't show that the court retains personal jurisdiction over it.

  • April 23, 2025

    9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row

    A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating pollution claims brought by the city, arguing they improperly relied on a depublished decision.

  • April 23, 2025

    Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle

    A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.

  • April 23, 2025

    Insurer Says No Coverage For $7.8M Tornado Damage Suit

    The insurer for a construction inspection company claimed it owed no coverage for a suit alleging the company overlooked deficiencies that contributed to a $7.8 million tornado loss, telling a New Jersey federal court the policyholder had no coverage for professional services gone wrong.

  • April 23, 2025

    No Coverage For Shopping Mall In Shooting Suit, Insurer Says

    Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.

  • April 22, 2025

    Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty

    Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.

  • April 22, 2025

    Insurer Says No Coverage For $668K Housing Funds Dispute

    An insurer says it owes no coverage to a low-income housing nonprofit in an underlying dispute involving a Washington county that seeks to claw back nearly $668,000 that was allegedly paid out to ineligible recipients.

  • April 22, 2025

    Hartford, Policyholders Agree To End Damage Payment Row

    Two Hartford units and their policyholders reached a settlement in a proposed class action claiming the insurers underpaid property losses by improperly withholding labor costs as depreciation when calculating the actual cash value of claims, the parties told a Connecticut federal court.

  • April 22, 2025

    Insurer Skirts Bad Faith Claim In $60M Liposuction Death Row

    The professional liability insurer for a Georgia cosmetic surgery provider didn't act in bad faith in handling a liposuction patient death claim that eventually led to a $60 million judgment, a Utah federal court ruled, rejecting arguments that the insurer breached its duties.

  • April 22, 2025

    NJ AG Pushes To Revive RICO Case Against Power Broker

    New Jersey urged a state appellate court to revive its sprawling racketeering indictment against Garden State power broker George E. Norcross III, politically connected attorneys and others, arguing that the trial court undertook a review that doesn't exist in criminal practice.

  • April 22, 2025

    Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage

    An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriation exclusion included in the firm's policy.

  • April 22, 2025

    Insurer Gets $16M Coverage Suit Stayed For NY Court Appeal

    A New York federal court paused an insurer's dispute over coverage for a $16 million default judgment entered against its insureds in a wrongful death suit due to an ongoing appeal concerning the vacatur of that judgment.

  • April 21, 2025

    Calif. Judges Who Lost Homes Sue LA Over Palisades Fire

    A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.

  • April 21, 2025

    Toyota Accused Of Illegally Selling Driver Data To Progressive

    Toyota has for years been using tracking devices to collect drivers' driving habits and other personal information and selling the driver data to third parties like auto insurer Progressive without consent, a putative class action filed Monday in Texas federal court alleges.

Expert Analysis

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • What To Know About NAIC's Risk-Based Capital Task Force

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    Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.

  • How Calif.'s Wildfire Insurance Crisis Might Affect Texas

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    Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Steering Clear Of US Sanctions While Paying Pirates Ransom

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    Maritime operators, insurers and financial institutions must exercise extreme caution when making ransom payments related to Somali piracy, as the payments could trigger primary and secondary sanctions enforcement by the Office of Foreign Assets Control, says Chelsea Ellis at LMD Trade Law.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

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