Insurance

  • February 13, 2025

    Judge's Bias Justifies Reviving Insurance Row, Fla. Panel Says

    A man whose legal counsel was disbarred while his insurance suit was pending will have another chance to pursue his claims, a Florida state appeals court has determined, reversing a lower court order that threw out the suit for delays and moving the case to another judge after finding evidence of potential "bias or prejudice."

  • February 12, 2025

    Social Media MDL Judge Rips Google, Snap Quick Appeal Bid

    A California federal judge indicated Wednesday she likely won't let Google and Snap file interlocutory appeals in multidistrict litigation over social media's allegedly addictive designs, saying the appeals requests make "no sense," and she slammed Meta insurers' unnecessary motion to expedite its coverage dispute with Meta as "unprofessional."

  • February 12, 2025

    Insurer Says Gun Clause Blocks Deadly Shooting Coverage

    An insurer has said a firearms exclusion in a Washington state sports pub's policy bars coverage in a pair of wrongful death lawsuits stemming from a shooting more than three years ago that left three people dead.

  • February 12, 2025

    3rd Circ. Says Parents Can't Get Coverage In Gun Case

    A couple whose son was found guilty of two homicides is not entitled to coverage from two homeowners insurers for a civil suit filed by one victim's mother, the Third Circuit affirmed, finding the civil case accused the parents of intentionally concealing the firearm their son allegedly used.

  • February 12, 2025

    AIG Unit Says $6M Construction Defect Deal Isn't Covered

    An AIG unit said it shouldn't have to cover a $6 million agreement and stipulated judgment between a stucco subcontractor and the owner of an apartment construction project, telling an Arizona federal court Wednesday that the deal is unreasonable and unenforceable.

  • February 12, 2025

    Allstate Hit With Another Class Action Over Data Collection

    Allstate has been hit with another proposed class action in Illinois federal court accusing the auto insurer of illegally obtaining the personal driving data of millions of policyholders via software embedded in third-party apps and using that data for the insurer's own underwriting purposes.

  • February 12, 2025

    NC Justices Weigh Blame For Errors In Insurance Application

    The North Carolina Supreme Court on Wednesday grappled with who is to blame for misstatements in an insurance application that was prepared by an agent but signed by the homeowner, with the agency arguing it was on the homeowner to catch those mistakes.

  • February 12, 2025

    Insurer Needn't Pay For Leaky Window Arbitration Award

    An insurer doesn't need to pay for an arbitration award entered against its policyholder and in favor of a Kansas county board of commissioners in a defective window installation dispute, a federal court ruled, saying the commercial general liability policy at issue doesn't cover the policyholder's breach of contract.

  • February 11, 2025

    Calif.'s Insurance Safety Net Gets $1B Infusion For Fire Claims

    California Insurance Commissioner Ricardo Lara has signed off on $1 billion in additional funding for California's FAIR Plan, the state's insurer of last resort, to ensure the plan can keep paying consumer claims to survivors of the Southern California wildfires, according to an order issued Tuesday.

  • February 11, 2025

    GOP Reps. Reintroduce Litigation Funding Disclosures Bill

    Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    NY Judge Sides With Attorney In Golf Malpractice Row

    A New York federal magistrate judge has recommended summary judgment in favor of an attorney in a legal malpractice lawsuit in which he is accused of causing the plaintiffs to lose an Arizona golf course property because he failed to file the proper bankruptcy paperwork.

  • February 11, 2025

    Progressive Inks $3.25M Data Breach Deal With 350K Members

    Approximately 350,000 Progressive Casualty Insurance customers on Tuesday asked an Ohio federal judge to grant final approval to a $3.25 million settlement stemming from a data breach event that exposed their personal information, noting the resolution is a favorable outcome, given the risks to their claims if litigation continued.

  • February 11, 2025

    Colo. Justices Mull Statute's Silence In Med Mal Cap Debate

    The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.

  • February 11, 2025

    No Prison For Firm Manager Who Aided Feds' No-Fault Bust

    A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.

  • February 11, 2025

    Insurer Says $641M Deal Over Tainted Flint Water Not Covered

    An insurer told a Michigan federal court Tuesday that it shouldn't have to pay any part of a $641 million settlement reached by a Flint, Michigan, medical center on behalf of patients who supposedly suffered from legionella and lead exposure because of unclean drinking water in the facility.

  • February 11, 2025

    Insurer May Need To Pay Landlord Row Atty Fees, Panel Says

    A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.

  • February 11, 2025

    Fla. Judge OKs $7M Deal In Health Data Breach Class Action

    A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.

  • February 11, 2025

    Pot Grower Says Nearby Farm's Pesticides Caused $17M Loss

    A Massachusetts cannabis grower says pesticides used by an adjacent berry farm contaminated its entire 2022 harvest, costing the lost value of that crop and two subsequent years' revenue, totaling at least $17 million.

  • February 10, 2025

    Xcel, Telecom Cos. Say Colo. Fire Plaintiffs Can't Opt Out Of Trial

    Xcel Energy and two telecom companies being sued over the Marshall Fire in Colorado told a state judge that hundreds of plaintiffs pushing to opt out of a common liability trial should not be able to do so, at least until expert reports are shared.

  • February 10, 2025

    Calif. Ruling Holds Wildfire Debris Not A Coverable Loss

    Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.

  • February 10, 2025

    Texas Property Owner Seeks Over $1M In Storm Coverage

    A Nationwide unit unlawfully failed to cover hail and wind damage to a Texas property, its owner alleged in federal court, accusing the insurer of fraud and violating state insurance statutes over unfair settlement practices and prompt claim payment and seeking over $1 million in damages.

  • February 10, 2025

    Co. Not Covered For Background Check Suit, Insurer Says

    An insurer told an Illinois federal court on Monday that a company isn't covered for an underlying lawsuit alleging that it mishandled a job applicant's background check, citing multiple policy exclusions.

  • February 10, 2025

    Trenton Diocese Sues Insurers Over Abuse Suit Coverage

    The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.

  • February 10, 2025

    PBMs Fight To Keep Mich. AG's Opioid Suit In Federal Court

    Pharmacy benefit managers' work on behalf of federal health insurance plans entitles them to keep Michigan's lawsuit over their role in the opioid crisis in federal court, the companies told a federal judge last week.

Expert Analysis

  • A View Into NY's New Business Interruption Insurance Law

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    In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • 2nd Circ. AmTrust Decision Shows Audit Reports Still Matter

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    Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • With Precautions, AI Can Help With Suspicious Activity Filings

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    While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • How D&O Coverage Can Aid Against Increased AI Scrutiny

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    The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.

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    In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

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