Insurance

  • March 11, 2025

    Fla. Court Urged To Remove Cigna Claims Processor In MDL

    Cigna Healthcare on Tuesday urged a Florida federal court to remove a settlement claims processor in a long-running multidistrict litigation case involving alleged underpaid insurance reimbursements to medical providers, telling a judge that the company has misspent more than $25 million in funds meant for members of a class action within the MDL.

  • March 11, 2025

    5th Circ. Hopes For 'Sanity' In Backing Legal Malpractice Arb.

    Untangling a "ridiculous" arbitration proceeding that produced four contradictory awards in a legal malpractice dispute, the Fifth Circuit on Tuesday affirmed three awards and most of another, adding that the parties are "free to arbitrate another day" in the hope that their disagreements will be resolved "for the sake of sanity."

  • March 11, 2025

    Captive Insurer Shareholders Can't Target Owner, Court Told

    The majority owner of a now-defunct North Carolina captive insurer wasn't personally obligated to pay premiums for nursing homes reportedly under his control, his counsel told a state court judge in seeking to pare down a self-dealing suit lobbed by the minority shareholders.

  • March 11, 2025

    Property Co. Says Insurer Must Pay $10M For Judgment

    The insurer for builders of a luxury mixed-use development in Oakland, California, must cover more than $10 million after a judgment was entered against the entities in an underlying suit brought by a property company asserting negligence and trespass claims, according to a complaint removed to federal court Tuesday.

  • March 11, 2025

    Lyft Driver Says Up To $1M In UIM Benefits Owed Over Crash

    A Lyft Inc. driver who said he was severely injured in a head-on collision while completing a ride is accusing the ride-hailing giant and its insurer of failing to provide him up to $1 million in underinsured motorist coverage, even though he said Lyft promised such coverage to its drivers.

  • March 11, 2025

    Insurer Says AIG Unit Must Cover Water Contamination Suit

    An AIG unit can't rely on its policy's pollution exclusion to bar coverage for a Texas water utility accused of providing contaminated water to residents, the utility's other insurer told a federal court, saying the court has already rejected the application of the exclusion in a related case.

  • March 11, 2025

    Ex-Marvel Exec Asks Fla. Court To Revive Punitives Claim

    Former Marvel Entertainment Chair Ike Perlmutter has asked the Florida Supreme Court to revive his punitive damages claim against his neighbor in a dispute over a hate mail campaign, arguing that the appellate decision blocking his claim breaks from decades of jurisprudence on punitive damages in Florida.

  • March 11, 2025

    2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight

    The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.

  • March 11, 2025

    Yacht Owner Seeks $1M From Marsh After Losing Coverage

    A yacht owner asked a Florida federal court to find its insurance broker owed over $1 million for negligence for failing to provide or explain its policy, after it was denied coverage for a total loss grounding because the boat's fire suppression equipment wasn't inspected as required.

  • March 11, 2025

    La. Eatery Must Litigate Hurricane Coverage Under NY Law

    A New Orleans restaurant must litigate its hurricane damage claims against its insurer under New York law, a New York federal judge ruled Tuesday, rejecting the restaurant's position that Louisiana law must apply instead despite the policy's New York choice-of-law and forum selection provision.

  • March 11, 2025

    Software Co. Says Ex-Employees Stole AI Trade Secrets

    A software company that uses artificial intelligence to automate appeals when insurers deny a healthcare provider's payment request has sued two former staffers, alleging they used confidential information gathered through their employment to launch a competing company.

  • March 11, 2025

    Insurers Must Cover Abuse Suits, NH Youth Centers Say

    Two youth treatment centers said their insurers must defend and indemnify them in suits alleging mistreatment and abuse of children at certain facilities in the 1990s, telling a New Hampshire federal court that they are covered as purported successors in interests to the policies' named insureds.

  • March 10, 2025

    Viacom And NAI Can Continue Shareholder Coverage Dispute

    A Delaware Superior Court judge ruled in companion cases that Shari Redstone, National Amusements Inc. and Viacom Inc. can still seek coverage for millions after underlying shareholder litigation in the wake of Viacom's 2019 CBS merger, determining prior actions were unrelated to the underlying disputes at hand.

  • March 10, 2025

    Colo. Justices To Review Insurers' Noncooperation Defense

    The Colorado Supreme Court will consider whether a pair of insurance companies can defeat a man's bad-faith lawsuit by arguing his failure to turn over medical information about a surgery before his auto accident breached a contractual duty, according to an order Monday granting two petitions for review.

  • March 10, 2025

    Insurer Says CarePoint's Ch. 11 Plan 'Fatally Flawed'

    An insurer has asked a Delaware bankruptcy judge to reject CarePoint Health Systems' Chapter 11 plan, saying it is designed to unfairly benefit the debtor's landlord with liability releases.

  • March 10, 2025

    Insurer May Be Liable For Coverage Of School Abuse Suits

    A Washington federal judge said an insurer may still be liable for covering underlying claims of physical and sexual abuse against staff at a boarding school for troubled youth on the state's Cypress Island, because one policy year unlike others was missing an endorsement requiring connection to a particular location.

  • March 10, 2025

    4th Circ. Reverses $10M Coverage Cap For Aluminum Co.

    The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.

  • March 10, 2025

    NY AG Sues Allstate Unit Over Pair Of Data Breaches

    Allstate unit National General Insurance Co. was sued Monday by New York Attorney General Letitia James over two data breaches in 2020 and 2021, saying the company failed to safeguard sensitive data or inform customers.

  • March 10, 2025

    Texas Atty Wants Allstate Sanctioned Over 'Dead' Expert Claim

    A prominent Houston lawyer has denied filing a document purportedly signed by a long-dead expert witness and urged a Texas federal judge to sanction Allstate for accusing him of doing so, saying the signature actually belonged to the deceased expert's similarly named son.

  • March 10, 2025

    Freight Co. Says Cellphone Dealer Ignoring Discovery Bids

    A freight coordination company said it has no choice but to ask a North Carolina federal court to sanction a cellphone dealer who sued it after a truckload of devices was stolen, claiming that it hasn't received adequate discovery responses.

  • March 07, 2025

    Condo Says Insurer Is Delaying $2M Hidden Damage Claim

    A condo owners association told a Washington federal court that its insurer is deliberately delaying investigation and payment of its claim for over $2 million in hidden rain damage to its Seattle property, saying the carrier is trying to run out the limitations period in its policies.

  • March 07, 2025

    $48M Progressive Deal With NY Drivers Gets Finalized

    A New York federal court on Friday officially signed off on a $48 million class action settlement various Progressive Insurance units reached with New York drivers to resolve their claims that Progressive underpaid their claims for totaled vehicles.

  • March 07, 2025

    Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit

    A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.

  • March 07, 2025

    Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims

    A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.

  • March 07, 2025

    Tariffs, Diversity And DOGE Dominate Trump 2.0 'Risk Factors'

    Public companies are busily reworking risk disclosures since the arrival of President Donald Trump's second administration, seeking to walk a fine line of being upfront with investors about potential threats to business despite vast legal and policy uncertainties.

Expert Analysis

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • NC Ruling Takes Practical Approach To Duty-To-Defend Costs

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    In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • A Look At Insurance Coverage For Government Investigations

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    Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

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