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Insurance
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April 21, 2025
Exclusion Bars Coverage For Trade Secrets Suit, Insurer Says
An engineering firm's directors and officers insurer told a Nebraska federal court Monday it should owe no coverage for a settled lawsuit that accused the firm of conspiring to poach a rail contractor's employees and clients, citing an exclusion relating to the misappropriation of trade secrets.
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April 21, 2025
Real Estate Co.'s $1.9M Title Insurance Suit Gets Tossed
A real estate company could not show that its suit seeking $1.9 million in coverage for a title defect that limited access to its San Diego industrial property belonged in federal court, a California judge found Monday, tossing the case.
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April 21, 2025
Justices Nix Appraiser's Petition Seeking Arbitral Immunity
An insurance appraiser failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulently inflated a $1.6 million appraisal award against a Travelers unit that was ultimately vacated.
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April 21, 2025
Taiwan Installs Tariff Relief Measures For Exporters
Certain Taiwanese businesses that export goods to the U.S. will have access to lower loan interest rates and waived exporter insurance fees if they can show they are heavily impacted by U.S. tariffs, Taiwan's Ministry of Finance said Monday.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
Insurers Clash Over Coverage In Racetrack Injury Suit
Acuity Insurance LLC wants a Pennsylvania federal court to join two other insurers to its defense of a client accused of designing inadequate safety barriers at a Lancaster County raceway, claiming the other companies had wrongly declined coverage for subsidiaries of the insured.
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April 18, 2025
SEC Wins $1M Real Estate Fraud Suit Over NC Development
The U.S. Securities and Exchange Commission scored a win in its fraud suit in North Carolina federal court against an insurance agent and his company, with a judge finding the agency has shown the defendants defrauded seven investors out of over $1 million.
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April 18, 2025
Murdaugh's Banker Pleads Guilty To Fraud Ahead Of Retrial
A former bank CEO accused of helping ex-lawyer and convicted murderer Alex Murdaugh steal client money pled guilty Friday to fraud ahead of a retrial, months after his initial conviction was overturned based on jury irregularities.
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April 18, 2025
11th Circ. Revives Fla. Lodge's Bad Faith Claim Over Shooting
The Eleventh Circuit on Friday reversed a $3.3 million judgment against a Florida lodge over a shooting that resulted in a woman's death, finding in a split ruling a jury should decide the bad faith issue of whether its insurer should've offered to settle based on the premises' liability.
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April 18, 2025
Insurance Exec Pleads Guilty In $134M ACA Plan Scheme
A Florida insurance executive pled guilty Friday for his part in a $134 million scheme to submit fraudulent applications to enroll customers in fully subsidized Affordable Care Act health insurance plans.
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April 18, 2025
No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal court Friday that a mechanical bull exclusion in the company's policy bars coverage.
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April 18, 2025
Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit
An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclusion barring coverage for injury arising out of "psychotropic substances."
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April 18, 2025
6th Circ. Upholds American Airlines' Win In Hidden-Fee Suit
American Airlines secured a Sixth Circuit panel's ruling Friday affirming the toss of customer claims that the airline wasn't transparent about making money from a third-party travel assistance product offered to customers during the booking process.
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April 18, 2025
Zurich Stuck With $12.2M Solar Farm Verdict, Judge Rules
A Georgia federal judge has shot down Zurich American Insurance Co.'s bid to escape a $12.2 million judgment that followed a January trial where a jury found the insurer shortchanged a Peach State solar farm's claim for storm damage.
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April 18, 2025
Ill. Justices To Weigh Scope Of Standard Pollution Exclusions
The Illinois Supreme Court will consider whether pollution exclusions in standard-form commercial general liability policies apply to industrial emissions allowed under a regulatory permit, the court said Thursday, agreeing to take up a question certified by the Seventh Circuit.
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April 18, 2025
SC School District's Embezzlement Suit Sent To Arbitration
A South Carolina school district must arbitrate the arbitrability of its claims that its insurer conspired with its former chief financial officer to steal tens of millions of dollars from the district by issuing unnecessary and expensive insurance policies, a federal court ordered.
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April 17, 2025
NC Justice Unsure Contractor Can Avoid Workers' Comp Payout
A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.
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April 17, 2025
Prudential Financial Beats Certified Privacy Class Action
A California federal judge on Thursday entered a summary judgment favoring Prudential Financial and a software vendor in a certified class action accusing them of illegally recording consumer information in violation of the state's invasion of privacy law, finding that no evidence showed the vendor read or tried to read customers' communications.
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April 17, 2025
Liberty Mutual Says Other Insurer Owes $500K For Crane Row
A Liberty Mutual unit said it is owed over $500,000 for defending a contractor in underlying litigation over a crane incident, telling a New York federal court that the contractor qualifies as an additional insured under a subcontractor's commercial general liability policy.
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April 17, 2025
Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring
A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that it had unilaterally transferred some of its U.S. accounts and exposures to an allegedly steeply undercapitalized, captive Bermuda reinsurer.
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April 17, 2025
Insurer Owes No Coverage For Fatal Facade Collapse
An insurer has no duty to defend a roofing contractor in a wrongful death lawsuit alleging that two individuals died from the collapse of a building facade, an Illinois federal court ruled, finding a prior works exclusion applicable.
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April 17, 2025
Feds Call Menendez's Wife 'Partner In Crime' As Trial Ends
Federal prosecutors told a Manhattan jury Thursday that Nadine Menendez was former U.S. Sen. Bob Menendez's "partner in crime," closing out her bribery and public corruption trial by casting her as his "go-between — demanding payment, collecting payment."
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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April 17, 2025
Insurance Regulators Urged To Address Climate Change Risks
Insurance regulators must strengthen their understanding of the threats posed by climate change and better consider how those risks will shape the stability of the sector, a group of international regulators said in a report.
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April 16, 2025
Imerys Says Italian Unit In Danger From Talc Lawsuits
Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.
Expert Analysis
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.