Insurance

  • October 08, 2024

    Insurer Says Kiwanis Abuse Claims Won't Trigger $35M Policy

    An insurer told a Washington federal judge that because its coverage only kicked in at the $35 million level, it should be dismissed from litigation seeking payment of a multimillion-dollar judgment from insurers to resolve child sex abuse survivors' claims against a foster boys home run by Kiwanis International.

  • October 08, 2024

    Mass. Seeks Order Forcing Steward To Maintain Coverage

    Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.

  • October 08, 2024

    3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits

    The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.

  • October 08, 2024

    Texas Class Wants Funding Firms To Face Hurricane Ad Suit

    A Texas magistrate judge was wrong to recommend dropping litigation funding companies from a suit alleging a law firm deceptively advertised to hurricane victims, with a proposed class of storm victims arguing the funders must have been aware of the scheme when they loaned the firm $20 million.

  • October 07, 2024

    Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'

    A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.

  • October 07, 2024

    Factory Mutual Must Fully Cover Plant Explosions, Suit Says

    Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.

  • October 07, 2024

    Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post

    The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law. ​

  • October 07, 2024

    Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit

    The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.

  • October 07, 2024

    New Bill Would Enact 'Commonsense' Litigation Disclosures

    A top Republican on the House Judiciary Committee announced Monday he introduced legislation to require the disclosure of parties receiving payments in civil lawsuits, a phenomenon known as "third-party litigation financing," in order to prevent abuses in the legal system.

  • October 07, 2024

    Title Co. Denied Early Win In $13M Hotel Investment Fight

    A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.

  • October 07, 2024

    Insurer Says $3.8M Church Sex Abuse Judgment Isn't Covered

    A church's insurer told a Washington federal court that it owes no coverage for a $3.75 million stipulated judgment stemming from a woman's claims that the church failed to protect her from a deacon who sexually assaulted her when she was 16 years old.

  • October 07, 2024

    Aircraft Co. Says Insurers Owe $222M For Lost Jets In Russia

    An aircraft lessor said its insurers and underwriters are on the hook for more than $222 million in losses stemming from two aircraft that have been stranded in Russia since its invasion of Ukraine, telling a Connecticut state court the total loss of the aircraft warrants coverage.

  • October 07, 2024

    Akerman Adds In-House Atty From WR Berkley

    An assistant vice president and counsel to W.R. Berkley Corp., a commercial lines property and casualty insurance holding company, left his in-house role to become a partner with Akerman LLP in New York, the firm announced Monday.

  • October 07, 2024

    CM Law Grows With Litigation Partners In NY, DC And Texas

    CM Law PLLC, formerly known as Culhane Meadows Haughian & Walsh PLLC, has grown with the addition of three litigation partners in New York; Washington, D.C.; and Texas.

  • October 07, 2024

    Mass. High Court Reluctant To Kill Lost Value Policy Exclusion

    Massachusetts' highest court on Monday appeared likely to reject a challenge to standard auto insurance policy language that excludes coverage for the dip in resale value of a vehicle after a crash.

  • October 07, 2024

    Justices Seek Feds' Input On 10th Circ. PBM Preemption Fight

    The U.S. Supreme Court on Monday asked the federal government to weigh in on the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Death Suit Coverage Dispute Must Be Heard In State Court

    An Oklahoma federal court declined jurisdiction over an insurer's coverage dispute against a construction company stemming from an underlying wrongful death lawsuit, finding that keeping the action in federal court wouldn't settle the controversy and would "impede upon principles of federal-state comity."

  • October 04, 2024

    Insurer May Pay Only 1 Fla. Mass Shooting Victim

    An insurer isn't required to pay anything to two families whose loved ones died in a mass shooting at a Miami mall because it already exhausted all its proceeds in paying one other family $50,000, a Florida federal judge ruled.

  • October 04, 2024

    4 Benefits Appellate Arguments To Watch In October

    The Fourth Circuit will consider a drugmaker's challenge to a West Virginia state law restricting access to the abortion drug mifepristone and Ohio pension funds are seeking to revive an investor class action at the Second Circuit, while the First and Ninth Circuits will take up executive compensation disputes. Here are four appellate arguments in October involving employee benefits that attorneys may want to keep on their radar.

  • October 04, 2024

    Denver Charity Drops Fraudulent Grant Coverage Fight

    A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.

  • October 04, 2024

    NY Appeals Court Won't Trim Sex Abuse Coverage Dispute

    A New York state appeals court upheld a lower court's ruling declining to dismiss The Rockefeller University's claims that its insurers acted in bad faith and conducted deceptive trade practices while handling the university's coverage request for underlying allegations of sexual abuse.

  • October 04, 2024

    Private Equity Firm Says Insurer Must Pay $2.8M Hack Claim

    A private equity firm said its insurer must cover over $2.83 million the firm said it lost as a result of a hacking event, telling a Nebraska federal court that its policy covers loss resulting from theft or from breach of duty by directors and officers.

  • October 04, 2024

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

    This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.

  • October 04, 2024

    Taxation With Representation: Gibson Dunn, Weil, Simpson

    In this week's Taxation with Representation, DirectTV buys EchoStar's video business for $10 billion, Marsh McLennan inks a $7.75 billion deal for McGriff Insurance, and PepsiCo closes a $1.2 billion deal to purchase Siete Foods.

Expert Analysis

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • Revisiting Scalia's 'What's It To You?' After Kaiser Ruling

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    While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend

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    The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

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