Insurance

  • March 28, 2025

    Microcaptive Case Doesn't Curb Tax Collection, 10th Circ. Told

    The IRS mischaracterized a lawsuit seeking to set aside guidance requiring additional reporting for microcaptive insurance arrangements, a plumbing supply company and its owners told the Tenth Circuit, saying their suit isn't barred because it doesn't restrain tax collection as the agency claimed.

  • March 28, 2025

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

    This past week in London has seen sparkling winemaker Nyetimber hit a rival distillery with an intellectual property claim, Newcastle United's former owner Mike Ashley target the club's ex-vice president for damages tied to a fraudulent investment, and a real estate agency file a legal claim against law firm Winston & Strawn LLP. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2025

    LA Zoo Org. Not Covered In City Contract Row, Insurer Says

    An insurer has no duty to defend or indemnify the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, the carrier told a California federal court, saying claims arising out of a breach of contract or related to the association's professional services are excluded.

  • March 28, 2025

    Insurer Denied Early Win In $6.1M Cargo Loss Coverage Suit

    A New York federal judge said there was too much controversy to hand an early win to a stone company in its case seeking coverage of a more than $6.1 million loss over marble destroyed by a snail infestation. 

  • March 28, 2025

    NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On

    In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.

  • March 27, 2025

    Diopsys Inks $14M Deal Resolving Vision Testing FCA Claims

    Medical device maker Diopsys Inc. has agreed to pay up to $14.25 million to put to rest allegations it violated the False Claims Act by submitting false Medicare and Medicaid claims for certain vision testing services, according to a U.S. Department of Justice announcement Thursday.

  • March 27, 2025

    Ga. Firm Sues Allstate Over Wrecked Car Fee Coverage

    A Georgia law firm hit Allstate Insurance Co. with a proposed class action over allegations that it fails to pay title transfer fees and license registration fees to insureds who incur total loss claims.

  • March 27, 2025

    Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit

    An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.

  • March 27, 2025

    Coverage Row Over OpenText Merger Now Moot, Judge Says

    A Michigan federal court tossed on Thursday an insurer's lawsuit seeking a declaration that it had no duty to indemnify a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, finding the dispute is now moot because the insurer's coverage limit has already been exhausted.

  • March 27, 2025

    NC Biz Court Limits Testimony In Smithfield Coverage Trial

    A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.

  • March 27, 2025

    Elevance Fails To Pay Wages At Termination, Worker Says

    Elevance Health failed to pay workers their final wages on the business day following their terminations in violation of Connecticut law, and now owes them twice the amount of those wages, according to a proposed class action filed in state court.

  • March 27, 2025

    Panera Franchisee Blames Insurer For Slip-And-Fall Payout

    A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    Ill. Justices Hold WestRock Unit To $5M Superfund Coverage

    The Illinois Supreme Court won't hear a WestRock Co. subsidiary's petition for review of an appeals decision affirming that one of its insurers had no duty to cover environmental cleanup costs at a now-shuttered paper mill while another insurer already paid its applicable coverage limit.

  • March 26, 2025

    Honigman Gains New Insurance Recovery Partner In Chicago

    Business law firm Honigman LLP announced Wednesday the addition of a policyholder-side insurance and reinsurance recovery litigation partner, who left Reed Smith to join its Chicago office.

  • March 26, 2025

    Insurers Must Cover $29M Axle Defect Costs, Co. Says

    A successor company to an auto parts manufacturer told a Michigan federal court Wednesday its commercial general liability insurers must help cover nearly $29 million a German company said it lost from faulty axle shafts it purchased and were ultimately installed in certain Dodge Ram pickup trucks.

  • March 26, 2025

    Mich. Supreme Court To Review Pair Of Auto Law Appeals

    The Michigan Supreme Court agreed Wednesday to take up two car insurance appeals that will see the justices examining the standard for taking a vehicle "unlawfully" and whether a nonresident's tort claims are barred because he should have been carrying Michigan car insurance. 

  • March 26, 2025

    Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal

    The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.

  • March 26, 2025

    Insurance Rep Gets 41 Months For $6M Bank Fraud

    A Georgia federal judge sentenced an insurance broker to 41 months in prison after he pled guilty to defrauding a credit union out of $6 million through loans to commercial borrowers for insurance premiums.

  • March 25, 2025

    Baltimore Bridge Collapse: One Year Later

    Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.

  • March 25, 2025

    Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.

    Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.

  • March 25, 2025

    Insurance Mogul Seeks To Overturn $122M Contempt Order

    A convicted billionaire embroiled in lawsuits over the demise of his insurance empire wants out of a nine-figure contempt order, telling the North Carolina Court of Appeals that neither he nor his company has the ability to pay more than $122 million to purge the contempt.

  • March 25, 2025

    Md. Bank Disputes IRS Denial Of Captive Tax Perk

    A Maryland community bank is contesting in the U.S. Tax Court the Internal Revenue Service's decision to scrap two years' worth of tax deductions tied to a reinsurance captive, disputing the agency's findings that the arrangement had no economic purpose other than tax avoidance.

  • March 25, 2025

    A Look At 6 States Tussling Over Tort Reform Legislation

    There are six state legislatures, mostly in the South, that are debating whether to install business-friendly tort reform legislation or dismantle medical malpractice guardrails. The bills run the gamut from potential game-changing legislation in Georgia, to efforts in Texas to cap certain types of personal injury damages.

  • March 24, 2025

    Justices Won't Hear Insurance Dispute Over Claim Timeliness

    The U.S. Supreme Court on Monday rejected a California woman's bid to certify questions to Massachusetts' top court about when exactly an insurer must show it was prejudiced by an insured's late claim notice, letting stand a First Circuit decision that also refused to certify such questions.

Expert Analysis

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • What To Know About NAIC's Risk-Based Capital Task Force

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    Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.

  • How Calif.'s Wildfire Insurance Crisis Might Affect Texas

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    Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Steering Clear Of US Sanctions While Paying Pirates Ransom

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    Maritime operators, insurers and financial institutions must exercise extreme caution when making ransom payments related to Somali piracy, as the payments could trigger primary and secondary sanctions enforcement by the Office of Foreign Assets Control, says Chelsea Ellis at LMD Trade Law.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

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