Insurance

  • March 18, 2024

    Colo. HOA Not Covered In Travelers Repair Payment Row

    A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.

  • March 18, 2024

    Trump Says He Can't Secure Bond For $465M Fraud Judgment

    Former President Donald Trump told a New York appellate court Monday that posting bond while he appeals a $465 million judgment against him and his business empire for allegedly defrauding banks and insurers is a "practical impossibility."

  • March 18, 2024

    Insurer Settles Target Manager's Suit Over Disability Benefits

    An insurance company reached a deal with a Target Corp. manager to end his lawsuit alleging the company unlawfully stopped the disability payments he was receiving to treat his post-traumatic stress disorder stemming from a George Floyd protest, a filing in Wisconsin federal court said.

  • March 18, 2024

    5th Circ. Revives Widows' Collections Suit Against Law Firm

    The Fifth Circuit has revived a proposed class action against Louisiana law firm Shows Cali & Walsh LLP regarding its efforts to recoup grant funds awarded in connection with Hurricane Katrina, saying a reasonable jury could find the law firm violated the Fair Debt Collections Practices Act.

  • March 18, 2024

    Decline In EBSA Funding May Hurt Mental Health Parity Efforts

    The U.S. Department of Labor's employee benefits arm warned Congress in its latest budget request that it may have to scale back its efforts to implement federal mental health parity laws and the No Surprises Act by 2025.

  • March 18, 2024

    Chicago Can Keep $26M Willis Tower Suit In Federal Court

    A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    WTW To Launch 'Game-Changing' Climate Finance Solution

    Insurance broker WTW said Monday it is working to launch an insurance facility that it hopes will remove risks associated with loans to private companies, a move to protect them from threats linked to climate change.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Insurance Mogul Hit With $500K Judgment For Website Co.

    The legal woes of embattled North Carolina insurance mogul Greg Lindberg were compounded when a federal judge ordered him and one of his companies to pay nearly half a million dollars, including interest and attorney fees, to an internet marketing company for a payment he missed following his sentencing on federal bribery charges.

  • March 15, 2024

    U. Of Wash. Opposes Question Cert. In COVID Coverage Suit

    The University of Washington's board of regents urged a state court to reject a Liberty Mutual unit's motion to certify COVID-19 coverage questions to a state appeals court, pointing to the Washington Supreme Court's previous rejection of such a move in a separate case that similarly involved pleadings-stage coverage claims.

  • March 15, 2024

    9th Circ. Pauses Benefits Case Awaiting UBH Challenge

    The Ninth Circuit has told a trial court to halt what United Behavioral Health has called an improper revival of a proposed class action alleging the insurance company illegally denied coverage for mental health and substance abuse treatment.

  • March 15, 2024

    Justices Told Estate Incorrectly Taxed On Insurance Payout

    The federal government's argument that the $3.5 million in life insurance proceeds a company used to redeem a deceased owner's shares increased both the company's value and its dead owner's estate tax liability ignores "economic reality," the estate told the U.S. Supreme Court on Friday.

  • March 15, 2024

    Fla. Jury Lets Insurer Off Hook For $12M Award

    A Florida federal jury on Friday found that National Indemnity Company of the South did not act in bad faith in its handling of claims against a Florida Keys construction and landscaping company and the company's employee over a fatal car crash that led to an $11.8 million judgment.

  • March 15, 2024

    Wash. Justices Affirm Condo's Roof Damage Coverage Win

    A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.

  • March 15, 2024

    'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told

    An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."

  • March 15, 2024

    Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial

    Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.

  • March 15, 2024

    Camden Diocese Gets OK For Ch. 11 Plan On 4th Attempt

    The Roman Catholic Diocese of Camden has won approval from a New Jersey bankruptcy judge for its plan to settle sexual abuse claims for $87.5 million after three prior versions of the plan were rejected over insurance carrier objections.

  • March 15, 2024

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

    The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.

  • March 14, 2024

    GM, LexisNexis Sued For Sharing Driving Data With Insurers

    A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.

  • March 14, 2024

    Exxon Beats Insurers' Bid To Arbitrate Over MTBE Claims

    A Texas appeals court sided with Exxon Mobil Corp. in the energy giant's attempt to forestall arbitration with an insurer over claims and lawsuits over exposure to methyl tertiary-butyl ether, ruling Wednesday that the trial court was right not to compel arbitration.

  • March 14, 2024

    Lehman Brothers Can't Undo Trial Loss Over Crisis-Era CDS

    A New York appeals court on Thursday affirmed a bench trial loss Lehman Brothers' bankrupt European unit suffered last year in a suit attempting to claw back nearly half a billion dollars from Assured Guaranty over losses on credit default swaps tied to the 2008 financial crisis.

  • March 14, 2024

    'Secret Meeting' Settlement OK Draws Mich. Justices' Scrutiny

    A Michigan Supreme Court justice expressed discomfort Thursday with the idea that government officials could ratify a settlement in a closed-door meeting without consequences, in a case brought by three insurers against a county government's road agency trying to back out of a settlement to which it says it never agreed. 

  • March 14, 2024

    Insurance Mogul Drops NC Counsel Before Retrial

    Embattled insurance mogul Greg Lindberg has dropped Aaron Zachary Tobin of Condon Tobin Sladek Thornton Nerenberg PLLC from his legal team ahead of his retrial on a charge of trying to bribe North Carolina's insurance commissioner.

  • March 14, 2024

    PE-Backed Latin American Healthcare Firm Prices $420M IPO

    Private equity-backed Latin American hospital operator Auna SA on Thursday set a price range on an estimated $420 million U.S. initial public offering, with plans to use the proceeds to repay debt and financing agreements.

Expert Analysis

  • Ore. Insurance Ruling Opens Door To Extracontractual Claims

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    The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Key Tool For Calif. Policyholders With Nonadmitted Insurers

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    As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • What R&W Insurance Access Means For Small-Cap M&A

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    As a slowdown in mergers and acquisitions has increased insurer appetite for underwriting small-cap transactions, buyers of small and midsize enterprises stand to benefit from easier access to representations and warranties insurance, which can add protection and reassurance for all parties involved in a deal, say Caroline Thee and Ewelina Mikocewicz at Taft Stettinius.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

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