Insurance

  • November 13, 2024

    Mich. Justice Jokes He's To Blame For PIP Assignment Fights

    A Michigan Supreme Court justice joked Wednesday that his 2017 footnote about patients assigning medical claims to healthcare providers was to blame for complicated recent insurance litigation surrounding plaintiffs who sign over their rights but nevertheless sue insurers. 

  • November 13, 2024

    6th Circ. Partially Vacates Insurer's ERISA Disability Suit Win

    The Sixth Circuit partially invalidated on Wednesday an insurance company's win in an ex-worker's suit seeking additional disability benefits, directing a lower court to reconsider arguments regarding when to apply a 24-month policy limitation on benefits for total disability caused by a mental health condition.

  • November 13, 2024

    Insurer Says Condo That Prevented Hunting Has No Coverage

    The insurer for a homeowners association asked a South Carolina federal court Wednesday to determine that a dispute over the organization's attempt to ban residents from hunting deer on their property was not owed coverage under its policy's provisions.

  • November 13, 2024

    Insurers Say Hyundai, Kia Should Pay For Combusting Cars

    A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.

  • November 13, 2024

    $1.2M Excessive Hammering Spat Not Covered, Insurer Says

    An insurer for a Nashville subcontractor told a Tennessee federal court that it doesn't owe coverage for an underlying $2.5 million lawsuit brought by residents surrounding a project site where the subcontractor was doing demolition work, arguing that the underlying suit falls under several exclusions.

  • November 13, 2024

    Insurer Says No Coverage For House Fire Caused By Owner

    A property insurer said it doesn't owe coverage to a woman whose Biloxi, Mississippi, home was destroyed in a fire, telling a federal court that its investigation into the loss suggested that the owner started the blaze.

  • November 13, 2024

    Blue Cross Workers Get Final OK On $667K Unpaid OT Deal

    A Pennsylvania federal judge greenlighted a $667,000 deal that resolves two customer service representatives' proposed class action accusing a Blue Cross Blue Shield licensee of failing to compensate them for their preshift tasks, which they said led them to lose out on overtime pay.

  • November 13, 2024

    Perkins Coie Insurance Litigator Returns From Pillsbury

    Perkins Coie LLP is rehiring an insurance litigator from Pillsbury Winthrop Shaw Pittman LLP, as the firm's insurance recovery work has more than doubled in the past three years, that group's practice chair told Law360 Pulse on Wednesday.

  • November 12, 2024

    Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.

    President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.

  • November 12, 2024

    Mich. High Court Snapshot: 3M's PFAS Fight, Detroit Fire Fees

    The Michigan Supreme Court returns to the bench Wednesday in a packed oral argument sitting, including a major case on the viability of state PFAS regulations in a challenge brought by 3M Co.

  • November 12, 2024

    After Bribery Conviction, Insurance Mogul Cops To $2B Fraud

    An insurance mogul convicted on bribery and wire fraud charges turned himself into the U.S. Marshals Service on Tuesday in North Carolina after pleading guilty to separate charges stemming from a $2 billion scheme to defraud insurance companies, regulators and policyholders.

  • November 12, 2024

    9th Circ. Affirms Insurer's Win In Invalid Exclusion Dispute

    Injured third-party claimants seeking coverage for an auto collision under an auto repair company's commercial auto policy are entitled only to minimum limits required under Oregon's Financial Responsibility Laws, the Ninth Circuit has affirmed, rejecting the claimants' argument that the company's $2-million-per-occurrence limit applies instead.

  • November 12, 2024

    Progressive Accused Of Giving Crash Victims' Info To Law Firm

    Progressive Casualty Insurance Company and Kanner & Pintaluga PA are facing a proposed class action in Houston, where former clients accuse the two of conspiracy and Racketeer Influenced and Corrupt Organizations Act violations because the insurer allegedly shared crash victims' private information with the law firm in violation of state and federal statutes.

  • November 12, 2024

    Freddie Mac Gets Partial Win In SEC Probe Coverage Dispute

    Government-backed mortgage buyer Freddie Mac cannot obtain coverage solely because its employees received subpoenas from the U.S. Securities and Exchange Commission, a D.C. federal court ruled while also holding that the lender's excess insurers cannot challenge a lower-layer insurer's coverage determination.

  • November 12, 2024

    Broker Calls 78-Month Sentence For Tax Scheme Unfair

    An insurance agent convicted of conspiracy and tax crimes in a multimillion-dollar tax avoidance scheme told a North Carolina federal court ahead of his sentencing, scheduled for Wednesday, that the 78-month prison sentence recommended by prosecutors is harsher than punishments for similar offenders.

  • November 08, 2024

    BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit

    A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.

  • November 08, 2024

    Insurer Ignored Sex Harassment And Rampant Fraud, Suit Says

    Executives and directors of life insurance company Globe Life Inc. have been hit with a shareholder derivative suit in Texas federal court alleging they had been ignoring a culture of sexual harassment among its employees and participating in fraudulent underwriting practices.

  • November 08, 2024

    1st Circ. Agrees No Coverage For Contractor In Defect Row

    A First Circuit panel affirmed an insurer's win Friday, concluding that the carrier and excess insurers owed no coverage to a general contractor embroiled in underlying litigation regarding damage caused by a subcontractor's allegedly faulty work on a New Jersey project.

  • November 08, 2024

    J&J Talc Unit Must Revise Ch. 11 Plan, Insurers Say

    A group of Johnson & Johnson insurance carriers urged a Texas judge to reject the Chapter 11 plan disclosure statement for the company's Red River Talc unit as unconfirmable, saying J&J "made it clear that it intends to saddle its insurers with responsibility to pay" for the bankruptcy-related claims.

  • November 08, 2024

    5 Ways Trump's Election Could Change Employee Benefits

    Donald Trump's election to a second term as president has attorneys preparing for potentially significant changes to tax, investment and health policy that could directly affect the administration of employee benefit plans. 

  • November 08, 2024

    Cigna Agrees To End Behavioral Health Underpayment Suit

    Cigna and a billing contractor have agreed to resolve claims that they violated federal benefits law by colluding to underpay out-of-network claims for substance use disorder treatments, according to a filing in California federal court.

  • November 08, 2024

    Dance School's $30M Abuse Deal Not Covered, Insurer Says

    The insurer for a New Jersey ballet school told a federal court it didn't owe coverage for a $30 million consent judgment reached in a consolidated underlying action brought by former students of the school, citing abuse and molestation exclusions in commercial general liability and umbrella policies.

  • November 08, 2024

    9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal

    A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.

  • November 08, 2024

    NC Furniture-Maker Demands Hurricane Helene Coverage

    A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.

  • November 08, 2024

    3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.

    A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.

Expert Analysis

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Ore. Insurance Litigation Is Testing The Bounds After Moody

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    Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • What's In NYDFS Guidance On Use Of AI In Insurance

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    Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Unpacking HHS' Opinion On Cell Therapy Refund Programs

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    A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Bid Protest Spotlight: Standing, Prejudice, Conflicts

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    In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.

  • Del. 3M Ruling Risks Upending Corporate Insurance Programs

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    A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.

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