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Insurance
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July 17, 2024
3M Denied Quick Win In Earplug MDL Coverage Dispute
3M and its subsidiary Aearo Technologies can't get a quick win in their quest for coverage for hundreds of millions of dollars in defense costs paid in connection with underlying litigation alleging that their combat earplugs failed to protect the hearing of service members and veterans, a Delaware state court ruled.
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July 17, 2024
Md. Justices Say Amazon Insurer Can Pursue Subrogation
An insurer for Amazon can continue to pursue subrogation against subcontractors for a Baltimore warehouse construction project, the Maryland Supreme Court unanimously ruled, after the insurer said it covered Amazon for over $50 million worth of damage caused by severe weather.
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July 17, 2024
Burr & Forman Accused Of Aiding Health Insurance Fraud
Burr & Forman LLP has been hit with a malpractice suit in Georgia federal court by the liquidating trustees of two purported health insurance companies after the firm allegedly aided in a scheme to defraud customers by charging exorbitant fees and denying promised coverage, saying the attorneys helped create a web of LLCs to which it siphoned off millions.
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July 17, 2024
NY Inn Settles Coverage For Law Grad Shower Film Extortion
The owner and manager of an Albany, New York, Hampton Inn where a law school graduate said she was secretly filmed showering, then blackmailed, settled with its insurers in a Georgia federal dispute over defense coverage of the woman's suit against them.
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July 17, 2024
Insurer Says No Coverage For Payment Software Sale Dispute
A management liability insurer told an Illinois federal court that it had no duty to defend sellers accused of fraud and other misdeeds as part of the sale of a payment processing company.
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July 17, 2024
Split Pa. Justices Let Billing Co. Sue Workers' Comp Insurers
A pharmacy billing agency can move ahead with its lawsuit against insurers who refused to pay for medications for workers' compensation patients, but only because the Supreme Court of Pennsylvania was evenly divided Wednesday over whether the insurers had waffled on arguing that the courts lacked jurisdiction.
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July 17, 2024
Insurers Urge Judge To Deny SVB's Ch. 11 Plan
The Chubb Companies have asked a New York bankruptcy judge to tell SVB Financial Group it must change its Chapter 11 plan or have it rejected, saying the scheme doesn't clearly provide that SVB must meet certain obligations in order to keep receiving insurance benefits.
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July 17, 2024
Bruised SPAC Market Pins Revival Hopes On Veteran Backers
More special-purpose acquisition companies are conducting initial public offerings, mostly backed by dealmakers who have completed prior mergers, bringing life to a listings market that was largely barren over the past year.
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July 16, 2024
Praying Coach's School Faces Skeptical Judge In Fee Fight
A Washington state appellate judge struggled Tuesday to follow a school district's argument that its insurer should cover a nearly $1.8 million legal bill for a praying football coach's U.S. Supreme Court win, pointing to a policy exclusion for certain adverse judgments.
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July 16, 2024
Development Co. Says Chubb Unit Must Cover Defense Costs
An economic development company told a Delaware federal court its insurer must cover the over $7.6 million it has incurred while facing a government agency's allegations that it violated the False Claims Act in connection with the agency's claim that one of its subcontractors overbilled the agency.
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July 16, 2024
Ga. Panel Limits Insurer Pool's Collections For Workers' Comp
The Georgia Court of Appeals on Tuesday limited the power of a state-sponsored insurance pool to recoup its expenses when filling in for an insolvent insurer, ruling that companies can't be forced to accept liability for an injured worker when they were placed into the position by a staffing agency.
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July 16, 2024
Union Fund Trustees Say Elevance Usurped Fiduciary Power
The trustees of two union health plans said Elevance Health Inc. and its subsidiaries violated federal benefits law when they overpaid themselves for administrative services and medical providers for patient care, arguing the insurer had significant control over the management of the plans and their assets.
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July 16, 2024
Feds Oppose Acquittal For Embattled NC Insurance Mogul
Federal prosecutors opposed bids by insurance mogul Greg Lindberg and his former political consultant John Gray to undo their guilty verdicts on bribery charges, saying sufficient evidence was presented at trial showing the pair tried to bribe North Carolina Insurance Commissioner Mike Causey to get rid of a regulator overseeing Lindberg's companies.
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July 16, 2024
AIG Unit Must Face Mall's COVID-19 Coverage Claims
An AIG unit must face claims that it is liable for a mall operator's losses from rent abatement agreements entered into with tenants during the COVID-19 pandemic, a California federal court ruled, also finding a material dispute about whether the policy's contamination exclusion bars coverage for pandemic-related losses.
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July 16, 2024
4th Circ. Rejects 'Untimely' Redo Request In Coverage Fight
The Fourth Circuit has flatly rejected a request to reconsider whether an insurer must cover the maker of a wood treatment product in a suit over a man's cancer diagnosis following decades of exposure to the chemical, calling the motion "untimely."
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July 16, 2024
Pet Store Chain Says AIG Unit Must Cover BIPA Claims
An AIG unit is misconstruing policy exclusions in refusing to defend Pet Supplies Plus in a class action alleging violations of Illinois' Biometric Information Privacy Act, the pet store chain told a Michigan federal judge.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Resort Owner Seeks Arb. In Storm Damage Insurance Row
A resort owner seeking to arbitrate its $55 million storm damage claim told a Hawaii federal court that its insurers can't litigate in New York federal court since its policies contain a "mishmash" of forum selection requirements, while the insurers separately countered that arbitration still can't happen yet.
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July 15, 2024
Towers Watson Asks 4th Circ. To Find Merger Dispute Covered
Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.
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July 15, 2024
Insurance Groups Want DOL Investment Advice Regs Blocked
Several insurance groups urged a Texas federal court to halt the U.S. Department of Labor's new regulations that broaden who qualifies as a fiduciary under federal benefits law, saying the agency's new rule is no different from one the Fifth Circuit invalidated in 2018.
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July 15, 2024
J&J Agrees To Pay $505M In Talc Producers' Ch. 11
Talc mining companies Imerys and Cyprus Mines asked the Delaware bankruptcy court to approve a Chapter 11 settlement in which Johnson & Johnson would pay $505 million in cash and insurance proceeds into a talc injury trust, even if it petitions for bankruptcy a third time.
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July 15, 2024
Diocese's Insurer Says No Coverage For Sex Abuse Claims
An excess insurer for the Roman Catholic Bishop of Orange told a California federal court it owes no coverage for over 200 consolidated child sex abuse lawsuits, arguing that despite the primary insurer's insolvency, underlying limits must deplete before excess coverage kicks in.
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July 15, 2024
Casino Owner Says Insurer Must Face $130M COVID Loss Suit
A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
Expert Analysis
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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ERISA Litigation Faces New Frontiers In 2024
As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Consider A Key Insurance Tool For Environmental M&A Deals
Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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Opinion
Policyholders Must Object To Insurer Reorganizations
When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.