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August 28, 2024
Lloyd's Says $5M NJ Settlement Fight Must Be Arbitrated
Lloyd's of London underwriters have told a New Jersey federal court that a man who was falsely imprisoned must arbitrate his dispute over the payment of a $5 million settlement from the city of Trenton, saying a provision in the city's policy requires arbitration.
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August 28, 2024
Power Services Co. Denied Early Win In Injury Coverage Suit
A power services company failed to show it's owed coverage for a suit by a man who was injured while working at a power station, a Rhode Island federal court ruled, finding a genuine issue of material fact concerning who is at fault for the injuries.
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August 27, 2024
Insurer Off The Hook For $1.8M Praying Coach Settlement
A Washington state school district's insurer doesn't have to cover a nearly $1.8 million legal fee settlement the district reached with a high school football coach whom the U.S. Supreme Court found was wrongly suspended for praying on the 50-yard line after games, a state appeals court ruled.
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
No Coverage For Tire Co.'s Unpaid Invoices, Judge Rules
A tire manufacturer cannot get insurance coverage for millions in unpaid invoices it is owed, a Florida federal court has ruled, finding that the manufacturer made a material misrepresentation in its insurance application concerning the creditworthiness of one of its largest customers.
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August 27, 2024
Tobacco Co-Op's $10M Insurance Suit Headed To Mediation
Tobacco grower cooperative U.S. Tobacco Cooperative Inc. will go into mediation with Axis Specialty Insurance Co. as part of a lawsuit brought by the grower alleging the insurer has refused to pay $10 million in excess coverage.
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August 27, 2024
New Cigna CLO Vows To Help Co. Navigate 'Dynamic' Industry
Cigna has promoted one of its in-house lawyers, who has spent her in-house and private practice career in the healthcare space, to chief legal officer, according to a LinkedIn post.
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August 27, 2024
Georgia Court Says Ride-Hailing Cos. Are 'Motor Carriers'
The Georgia Court of Appeals said a trial court erred when it held that the ride-hailing service Lyft is not considered a motor carrier under Peach State law, and that its insurer could not be directly named in a lawsuit a woman filed after a crash involving one of its drivers.
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August 27, 2024
SXSW, Chubb Unit Settle Ticket Coverage Dispute
The organizers of the South by Southwest festival and a Chubb insurer told a Texas federal court they settled their dispute over coverage for costs stemming from a class action by ticket holders seeking refunds after the 2020 festival was canceled because of the COVID-19 pandemic.
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August 27, 2024
6th Circ. Reverses Geico's Win In Agents' Benefits Suit
The Sixth Circuit upended Geico's win in a lawsuit from insurance agents accusing it of misclassifying them as independent contractors and forcing them to lose out on benefits, saying more evidence is needed to determine if the insurer relied on unauthentic documents to get the suit tossed.
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August 26, 2024
Store Seeks Coverage For Murdaugh Boat Crash-Related Suit
A convenience store accused of negligently selling alcohol to disgraced former lawyer Alex Murdaugh's underage son, who later crashed a boat that led to a girl's death, sought coverage from its insurers for a related civil conspiracy lawsuit, maintaining that the suit falls within its policies' scope of coverage.
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August 26, 2024
9th Circ. Won't Renew Seattle Homeowners' Insurance Row
A group of Seattle homeowners cannot force Security National Insurance Co. to help cover a nearly $617,000 default judgment in an underlying construction defect dispute against its insured, the Ninth Circuit ruled, finding exclusions barring coverage for new construction applicable.
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August 26, 2024
Insurer Says Others Owe Payment In Asbestos Injury Rows
An insurer that said it exceeded its coverage obligations for underlying asbestos injury litigation by millions of dollars has asked a Michigan federal court to determine how much other entities must pay in connection with the underlying suits.
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August 26, 2024
Bank Co. Disputes AIG's Reading Of Covered Defense Costs
A bank owner defended its amended claims that an AIG unit violated the Texas Insurance Code, telling a Texas federal court that AIG unlawfully issued it late defense payments and refused to cover defense costs that "incidentally" benefited its affirmative underlying claims.
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August 26, 2024
4th Circ. Won't Free Insurance Mogul From $524M Judgment
Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.
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August 26, 2024
Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute
Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.
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August 26, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.
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August 23, 2024
TriZetto Says Infosys Swiped Healthcare Software Secrets
Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.
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August 23, 2024
Allstate Can't Get Injunction To Stop 'Smear Campaign'
A Colorado federal judge said she could not issue an injunction to force a former insurance agent whom Allstate alleges is conducting a "smear campaign" against it to immediately remove web content accusing the insurer of selling its customers' personal information to child rapists and sex traffickers.
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August 23, 2024
Insurer Must Cover Flooded Basements, Mich. Panel Says
An insurer must pay a property owner over $150,000 in damages stemming from drain backups and water damage, a Michigan state appeals court ruled, finding that the property owner inquired about increased coverage before the discovery of the loss.
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August 23, 2024
Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win
The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.
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August 23, 2024
Insurance Software Co. Probe, Insider Sales Prompt Del. Suit
A MediaAlpha Inc. stockholder sued in Delaware's Court of Chancery on Thursday for access to the insurance marketing platform developer's books and records, pointing to stock sales by the company's two controlling investors that allegedly allowed them to avoid $66 million in stock drop losses.
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August 23, 2024
Everest Re Unit Escapes Data Breach Class Action
A New Jersey federal judge has tossed a proposed class action claiming that an Everest Re unit failed to protect customers' personal information during a data breach, ruling that the suit fails to show that the company had a duty to protect their information.
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August 23, 2024
The Biggest Texas Trial Rulings Of 2024: Midyear Report
Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.
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August 23, 2024
Patent Case Against USPTO Mimics Failed Suit, Feds Say
The federal government has moved to toss a suit alleging that the U.S. Patent and Trademark Office's website infringes patents covering the idea of two-factor authorization, arguing that a patent in the same "family" was thrown out in 2016 by a different court that said it contained "nothing inventive."
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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An NYDFS-Regulated Bank's Guide To Proper Internal Audits
As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.