Insurance

  • May 17, 2022

    Ga. Justices Question Police Powers In Anthem Case

    The Georgia Supreme Court on Tuesday, in reviewing state court orders barring two Anthem units from ending network agreements with a Georgia health care system, questioned what constitutes a public health emergency and who can declare them.

  • May 17, 2022

    The Week In Bankruptcy: Purdue Bonus, PR Pension Appeal

    Two dozen states objected to proposed bonus payments for the CEO of bankrupt drugmaker Purdue Pharma, the First Circuit declined to rehear an appeal over changes made to Puerto Rican teacher pensions as part of the island's restructuring, and Affordable Care Act penalties are taxes in bankruptcy court. This is the week in bankruptcy.

  • May 17, 2022

    Santa Fe Archdiocese Inks $121.5M Deal To End Abuse Claims

    The Archdiocese of Santa Fe has agreed to pay $121.5 million to resolve sexual abuse claims by roughly 375 alleged victims in its Chapter 11 case in New Mexico, according to separate statements issued Tuesday by the official creditors committee and the archdiocese.

  • May 17, 2022

    Hospitality Org, Tribe Back Dentist's Virus Coverage Appeal

    The Washington Hospitality Association and the Snoqualmie Indian Tribe backed a pediatric dental practice's COVID-19 coverage appeal before the Washington Supreme Court, asking the state's high court to ignore insurers' warnings of insolvency.

  • May 17, 2022

    7th Circ. Probes Liberty Mutual's Nassar Defense Fees Payout

    A Seventh Circuit panel pushed a Liberty Mutual unit Tuesday to address why it paid more than $1.4 million toward defense costs incurred by USA Gymnastics during investigations into sexual abuse by former team doctor Larry Nassar if it believed a lower court erred when it ordered the insurer to reimburse those legal fees.

  • May 17, 2022

    Helicopter Co. Takes COVID Coverage Fight To 5th Circ.

    Louisiana helicopter service company PHI Group Inc. has appealed to the Fifth Circuit in an attempt to get its COVID-19-related losses covered under its all-risk insurance policy with Zurich American Insurance.

  • May 17, 2022

    Sick Juror Delays Ex-Theranos Exec's Criminal Fraud Trial

    A California federal judge adjourned former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial Tuesday after a juror informed the court he was too sick to report for jury duty, but prosecutors said they still expect to wrap their case-in-chief by the end of the week.

  • May 17, 2022

    Patriarch's $1B Claim Alive Pending Appeal In Zohar Ch. 11

    A Delaware bankruptcy judge said Tuesday that an appeal of a ruling she issued earlier in the case of distressed debt investment vehicles should be resolved before she could adjudicate an administrative expense claim from entities associated with Lynn Tilton potentially worth $1 billion, as the contested order involves the expense claim's supporting assertions.

  • May 17, 2022

    Insurer Asks Judge To Nix Cleveland Bar's Atty Fee Request

    Auto-Owners Insurance Co. told an Ohio federal judge Tuesday that the attorney for a Cleveland bar should not be awarded $293,000 in fees and expenses it requested after winning a $1.2 million jury verdict over coverage for fire damage.

  • May 17, 2022

    Florida Insurance Crisis Bleeds Into Reinsurance, Experts Say

    As Florida lawmakers convene for a special session this month, the state’s hurricane catastrophe fund and reinsurance market are two areas that insurance experts say need attention in an environment that has seen three insurers go insolvent and prompted others to stop underwriting in the Sunshine State altogether. Here, Law360 looks at some of the key challenges the Legislature is likely to address in its special session.

  • May 17, 2022

    D&O Claims Don't Trigger Policy Exclusion, 9th Circ. Told

    A laid-off worker at a now-bankrupt solar power company asked the Ninth Circuit to revive an action seeking coverage from the company's insurers, saying an employment exclusion does not apply to breach of fiduciary duty and tort claims asserted against former directors and officers.

  • May 17, 2022

    Insurer Must Face NJ Coverage Suit Over Malpractice Claims

    A New Jersey state appeals court Tuesday revived a lawsuit alleging Colony Insurance Co. improperly refused to cover a legal malpractice action against a now-deceased attorney, finding that the state's direct action statute provided a path for the lawyer's onetime client to pursue the coverage claims.

  • May 17, 2022

    COVID-19 Map: Where Virus Coverage Litigation Stands

    Since the pandemic began, policyholders have filed some 1,376 federal lawsuits against their insurers seeking coverage for losses related to COVID-19, according to Law360's COVID-19 Insurance Case Tracker.

  • May 17, 2022

    Judge Says Cos. Don't Have To Cover Gender Transition Care

    A North Dakota federal judge barred the U.S. Equal Employment Opportunity Commission and the Department of Health and Human Services from requiring Christian employers and health care providers to cover gender transition surgery, siding with a religious group that said the government's interpretation of discrimination law conflicts with its beliefs.

  • May 16, 2022

    HVAC Co. Says Insurer Can't Recover Asbestos Defense Costs

    An air conditioning company told a Minnesota federal judge that Continental Insurance Co. can't recover its costs defending the company from asbestos claims, arguing that the parties never agreed to that.

  • May 16, 2022

    Post-It Example Challenges Businesses' Sticky Virus Claim

    Businesses seeking insurance coverage for pandemic-related losses argued Monday that the COVID-19 virus stuck to surfaces and physically altered them, but a Pennsylvania judge threatened to undercut their argument with office supplies.

  • May 16, 2022

    Policyholder Group Backs Dentist In Virus Coverage Appeal

    United Policyholders urged the Washington Supreme Court to reverse a no-coverage finding for a pediatric dental practice in the high court's first COVID-19 coverage suit, arguing that coverage is triggered by the insured's loss of use to its property.

  • May 16, 2022

    Insurer Asks 11th Circ. To Uphold Wire Fraud Coverage Win

    A real estate title company is not entitled to coverage for its wire fraud loss, a Chubb unit told the Eleventh Circuit on Monday, saying a Florida court rightfully held that the title company's policy only offered cybercrime protection under specific, clearly defined circumstances.

  • May 16, 2022

    More Ex-NFL Players Plead Guilty in Health Care Scheme

    Two more former NFL players this month pled guilty to their involvement in a scheme to defraud the league's player health reimbursement plan, the Texas Department of Insurance announced.

  • May 16, 2022

    DOJ Urges High Court Not To Hear Pot Insurance Challenge

    The U.S. Department of Justice on Monday told the U.S. Supreme Court that there was no need to take up a case weighing whether federal drug policy should preempt state laws requiring compensation for certain medical cannabis costs.

  • May 16, 2022

    8th Circ. Rejects Dentists' COVID Insurance Appeal

    A pair of St. Louis, Missouri-area dental practices cannot revive their proposed class action alleging Travelers Insurance units unfairly denied them coverage for COVID-19-related losses, the Eighth Circuit ruled Friday.

  • May 16, 2022

    Providers Say 9th Circ. Ruling Helps BCBS Antitrust Case

    Health care providers told an Alabama federal court overseeing long-running multidistrict litigation alleging antitrust violations against Blue Cross Blue Shield insurers that a recent Ninth Circuit ruling supports their claim that group boycott allegations waged against BCBS plaintiffs can be judged under a per se standard of review.

  • May 16, 2022

    Insurer Asks Again To Intervene In Hotel Sex-Trafficking Suit

    Erie Insurance Exchange has again asked an Ohio judge to let it intervene in a sex trafficking suit by an anonymous accuser against multiple hotel companies, saying it has a contract with another one of the accused parties and wants to know whether it must defend the hotel.

  • May 16, 2022

    4th Circ. Rejects Bid To Rehear Collapse Coverage Row

    The Fourth Circuit on Monday denied a Tokio Marine unit's request for a full panel rehearing of a previous ruling requiring the insurer to pay treble damages for improperly denying coverage of an apartment complex owner's claim for property damage.

  • May 16, 2022

    Patriarch Says Zohar Plan Can't Dump Equitable Claims

    Stakeholders in turnaround mogul Lynn Tilton's Patriarch Partners are asking a Delaware bankruptcy judge to reject the Chapter 11 plan proposed by the Zohar III funds, saying it attempts to put the funds' last assets out of reach of their $1 billion in equitable claims.

Expert Analysis

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Private Insurers Must Watch Out For Medical Equipment Fraud

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    Recent trends indicate that it is extremely rare for the government to prosecute those involved in health care fraud against private insurers, especially in cases involving durable medical equipment, so private insurers must take steps to investigate and detect fraudulent schemes, says Michael Vanunu at Rivkin Radler.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • 4th Circ. ERISA Ruling Shows Plan Discretion Is Not Limitless

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    The Fourth Circuit’s recent decision in Garner v. Central States, holding that a benefit plan had abused its discretion in denying a claim for surgery, clarifies that the Employee Retirement Income Security Act's review standard is not a rubber stamp of plan determinations, and shows where the outer limits of discretion end, says Mark DeBofsky at DeBofsky Sherman.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • Enviro Assessment Rule May Help Lower Buyers' PFAS Risks

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    The U.S. Environmental Protection Agency's new rule incorporating the latest American Society for Testing and Materials standard for Phase I environmental site assessments should be helpful for purchasers of real property seeking greater protection against liability for per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

  • 1 Year Shows Ford Ruling Didn't Change Personal Jurisdiction

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    Federal decisions issued in the year since the U.S. Supreme Court's Ford Motor v. Montana opinion support Justice Elena Kagan's insistence that the ruling simply applied precedent and did not create a new standard for evaluating specific personal jurisdiction as some feared, say attorneys at DLA Piper.

  • Preventing Impermissible Client Solicitation After ABA Opinion

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    Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.

  • Opinion

    SEC's Climate Rules Promote Compliance, Not Real Change

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    Compliance with the U.S. Securities and Exchange Commission’s proposed new rules requiring corporate disclosures of activities and risks associated with climate change will be performative, and the flawed rules will fail at their primary purpose — giving investors and stakeholders actionable information, say Nir Kossovsky and Denise Williamee at Steel City Re.

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