Insurance

  • December 06, 2024

    Life Insurance Investments Aren't Securities, 9th Circ. Told

    Agents who sold interests in life insurance policies for Pacific West Capital Group — which struck a $64 million SEC deal to end investment fraud claims — urged the Ninth Circuit on Friday to reverse an order requiring them to pay back some of their commissions, saying the deals weren't investment contracts.

  • December 06, 2024

    5th Circ. Judge Notes Inconsistencies In Medicare Rate Policy

    A Fifth Circuit judge called out inconsistencies in a new Centers for Medicare and Medicaid Services policy, asking the government to explain apparent discrepancies that four Texas anesthesia practices say will cost them $4 million in reduced reimbursements.

  • December 06, 2024

    Black Doctor Says BCBS Axed Her From Network Due To Race

    Blue Cross Blue Shield of Michigan wrongfully terminated a Black dermatologist from its network of health providers because of her race, the doctor told a Michigan federal court, alleging the health insurer terminated her after it claimed her "error rate" in billing was too high.

  • December 06, 2024

    Anthem Wants Testing Lab's $3.8M Suit Axed Or Split Up

    Anthem Blue Cross Blue Shield of Connecticut has asked a federal court to toss a testing lab's lawsuit seeking $3.8 million for allegedly unpaid bills, arguing that batches large and small of the more than 3,000 unpaid claims were preempted by federal law, filed years too late or barred from being assigned to the lab to collect.

  • December 06, 2024

    Insurer Escapes Defending Developer's Ga. Tree Removal

    A Georgia federal judge freed an insurer Friday from defending developers blamed for wrongfully cutting down 120 feet of trees on a property line shared with a children's summer camp, finding the act was intentional.

  • December 06, 2024

    Wash. Judge Rips Attys' 'Expletive-Laden' Calls, 'Petty' Fights

    A federal judge in Washington state this week scolded counsel for both parties in a lawsuit against State Farm Fire & Casualty Company, stating that their barbs in briefs and arguments, expletive-laden phone calls and other behavior will no longer be tolerated.

  • December 06, 2024

    Feds, NC Insurance Mogul Want Grier Wright On $2B Liquidation

    Convicted insurance mogul Greg Lindberg and federal prosecutors have come together to ask a North Carolina federal judge to appoint an attorney from Grier Wright Martinez PA to serve as special master for liquidating Lindberg's billions in assets as restitution for his $2 billion fraud scheme.

  • December 06, 2024

    4 Big Developments In ERISA Cases From 2nd Half Of 2024

    The Sixth Circuit reopened a retirement plan mismanagement suit against Parker-Hannifin Corp. and revived a manufacturing company worker's disability benefits bid, while the nation's highest court declined to review a plan trustee's unsuccessful attempt to force an employee stock sale dispute into arbitration. Here, Law360 looks at four recent decisions in Employee Retirement Income Security Act cases that benefits attorneys should know.

  • December 06, 2024

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

    This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.

  • December 05, 2024

    Fla. Labs Say Cigna's Trial 'Confession' Erases $7.3M Verdict

    Three Florida drug testing laboratories have urged a Connecticut federal court to undo a $7.3 million jury verdict for Cigna Health and Life Insurance Co. over unjustified billings, arguing a new trial is warranted after the insurer allegedly made a "confession" during opening statements that it wasn't seeking damages for itself.

  • December 05, 2024

    Insurers Say Hurricane Damage Suit Still Must Be Arbitrated

    A group of insurers is urging a Louisiana federal court not to reopen litigation over millions of dollars of hurricane damage that was previously ordered into arbitration, saying a new decision on the arbitration of insurance matters from the state's top court doesn't trump a related Fifth Circuit opinion.

  • December 05, 2024

    7th Circ. Weighs Progressive Class' Proof In Car Value Suit

    Some Seventh Circuit judges seemed unsure Thursday that a group of Progressive insureds should be allowed to pursue class claims over allegedly improper cash valuations for totaled vehicles, saying the class would likely struggle to prove each of their contracts were breached.

  • December 05, 2024

    Providers' $2.8B BCBS Antitrust Deal Gets Judge's Initial OK

    An Alabama federal judge has given his initial approval for a $2.8 billion settlement inked between Blue Cross Blue Shield Association and a proposed class of medical providers in a more than 12-year-old antitrust case targeting association rules.

  • December 05, 2024

    Chinese Bank Faces New Suit Alleging Reinsurance Fraud

    Another group of insurers has accused one of China's largest banks of participating in a "multi-billion-dollar fraud" in the reinsurance market, telling a New York federal court Thursday that the bank, including its New York branch, has refused to honor over $890 million worth of letters of credit.

  • December 05, 2024

    11th Circ. Won't Rethink $100M Credit For John Hancock

    The Eleventh Circuit won't reconsider its decision to let John Hancock Life Insurance Co. keep $100 million in foreign tax credits, leaving in place its October ruling against a Florida law firm retirement plan's trustees.

  • December 05, 2024

    Insurer Says Fake Adjuster Cost It $800K

    An insurer told a Puerto Rico federal court that a lying and unlicensed adjuster and his company illegally stepped into a dispute with its insured, costing the carrier at least $800,000 while trying to compensate the territory's highway and transportation system for hurricane damages.

  • December 05, 2024

    Airbnb Customers Drop 'Assistance Fee' Suit Against Insurers

    A proposed class of Airbnb customers permanently dropped a suit accusing two of the company's insurance providers of violating Washington state law by charging an "assistance fee" when selling travel coverage.

  • December 05, 2024

    Insurer Beats Vegas Casino's COVID-19 Coverage Bid

    The insurer of a Las Vegas hotel and casino did not breach its contract when it denied the resort's request for COVID-19 coverage, a Nevada federal court ruled, finding that a previous order conflicts with a state supreme court decision regarding coverage for pandemic-related losses.

  • December 04, 2024

    Insurer Owes Coverage In Florida Keys Property Sale Dispute

    A Florida state appeals court partially reversed a lower court's ruling that an insurer didn't owe two insureds a defense in an underlying suit accusing them of conspiring with a Key West property seller, finding Wednesday there were insufficient allegations to trigger a policy exclusion.

  • December 04, 2024

    No Coverage For P&G Environmental Claims, Insurers Say

    A group of Hartford units told an Ohio federal court Wednesday they owe no coverage to Procter & Gamble Co. for three underlying lawsuits accusing the company of contaminating groundwater in New York, and for a separate warehouse fire in Michigan that caused the U.S. Environmental Protection Agency to intervene.

  • December 04, 2024

    P&C Insurers Post $4.1B Underwriting Gain In Big Reversal

    The U.S. property and casualty insurance market recorded a $4.1 billion net underwriting gain in the first nine months of 2024, according to a report issued Wednesday by global credit rating agency AM Best, which called the turnaround a significant improvement from the prior year's $32.1 billion loss.

  • December 04, 2024

    Panel Affirms CNA's Reading Of 'Control' In Abuse Exclusion

    A CNA unit providing commercial insurance to a massage spa owed no defense to its owner and manager against claims the owner sexually assaulted three women, a California state appeals court ruled, in a case of first impression over the meaning of "care, custody or control" in an abuse exclusion.

  • December 04, 2024

    Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal

    A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.

  • December 04, 2024

    NY Diocese Gets OK For Ch. 11 Plan With Optional Releases

    A New York bankruptcy judge approved a Long Island-based Roman Catholic diocese's Chapter 11 plan on Wednesday after hearing it had resolved objections from the U.S. Trustee's Office with a two-tier claims release system for sexual abuse claimants.

  • December 03, 2024

    Pizza Chain Insurer Owes Share Of Salmonella Deal, Suit Says

    An insurer told a Washington federal court that a Liberty Mutual subsidiary must contribute to a settlement reached by their mutual insured, a "take 'n' bake" pizza restaurant, arising out of allegations that customers purchased raw cookie dough tainted with Salmonella bacteria.

Expert Analysis

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • What To Know About Insurance Coverage For Antitrust Risks

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    With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Finding Coverage For Online Retail Privacy Class Actions

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    Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

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