Insurance

  • November 05, 2024

    9th Circ. Says State Farm Needn't Cover Sex Assault Claims

    A State Farm unit doesn't owe coverage to a man accused of sexual assault, the Ninth Circuit held Tuesday, affirming that the man engaged in deliberate and intentional conduct and thus there was no occurrence, or accident, for the purpose of triggering coverage.

  • November 05, 2024

    UBH Strikes Deal To End Mental Health Coverage Class Action

    United Behavioral Health told a New York federal court Tuesday it needs more time to finalize an agreement that would resolve a class action alleging the insurance company denied coverage for mental health treatments it deemed "experimental" while paying for unproven remedies in other medical settings.

  • November 05, 2024

    Bright Health Beats Investor Suit Over COVID-19 Costs

    The health insurer previously known as Bright Health Group Inc. no longer faces a proposed investor class action after a Brooklyn federal judge found that the company's initial public offering risk disclosures hadn't deliberately misled investors about its anticipated costs amid the COVID-19 pandemic.

  • November 05, 2024

    Management Co. Says Insurer Can't Duck HOA Fire Coverage

    A property management company has taken an Auto-Owners Insurance unit to North Carolina federal court for allegedly trying to pull back defense and indemnity coverage it had already been providing in an underlying lawsuit brought by a homeowners' association over a 2021 fire, arguing that it's too late for the insurer to back out.

  • November 05, 2024

    Insurer Can't Avoid Paying $122K LSU Frat Hazing Award

    The Fifth Circuit refused to let an Allstate unit off the hook for coverage of a $122,000 judgment entered in favor of the parents of a former Louisiana State University student who died during a fraternity hazing incident.

  • November 05, 2024

    MVP: Covington's Gretchen Hoff Varner

    Gretchen Hoff Varner of Covington & Burling LLP secured a $70 million judgment in favor of Brooklyn Union Gas Co., now owned by National Grid, establishing coverage for decades of environmental contamination along New York's Gowanus Canal, earning her a spot as a 2024 Law360 Insurance MVP.

  • November 05, 2024

    Dems Push Insurance Regulators To Tackle Hurricane Fraud

    Three Democrats on the U.S. House Committee on Oversight and Accountability, including ranking member Rep. Jamie Raskin, sent letters to insurance regulators in the states hit by hurricanes Helene and Milton urging them to do more to prevent fraud and dishonesty from insurers looking to avoid covering damages.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 04, 2024

    Cigna Scores $7.3M Verdict Against Fla. Drug Testing Labs

    A Connecticut federal jury on Monday handed Cigna Health and Life Insurance Co. a victory against three Florida boutique drug testing laboratories, finding the labs unjustly billed nearly $7.3 million for tests on substance abuse patients that the insurer declared medically unnecessary.

  • November 04, 2024

    Yale Gets 2nd Circ. Win In COVID Test Reimbursement Row

    A Connecticut medical practice can't sue Yale University under federal legislation enacted during the COVID-19 pandemic to recover the $1.1 million it said it incurred while providing COVID testing to university health plan members, the Second Circuit ruled Monday, finding no private cause of action existed.

  • November 04, 2024

    9th Circ. Revives Developer's Fire Loss Coverage Suit

    The Ninth Circuit revived a company's claim for lost business income after its laundromat development project was destroyed in a fire, saying Monday in an unpublished opinion that the developer's claim is not unduly speculative.

  • November 04, 2024

    Judge Says She'll Likely Send Talc Ch. 11 Plan Out For Vote

    A Delaware bankruptcy judge said Monday she will likely give a pair of talc producers permission to send their Chapter 11 plans out for a creditor vote, saying she was satisfied with the changes made since last week.

  • November 04, 2024

    La. City Seeks To Ax Arbitration Order In Storm Coverage Suit

    A New Orleans suburb urged a Louisiana federal court to vacate its order forcing the city to arbitrate its claims against a group of domestic insurers over Hurricane Ida damage in light of a recent Louisiana Supreme Court decision nixing arbitration as an option.

  • November 04, 2024

    Insurer Says Only Sublimit Available In Sex Misconduct Suits

    A commercial general liability insurer for a Nashville-based gym told a Tennessee federal court that only a $100,000 "each abuse" sublimit in an abuse endorsement is available for four civil lawsuits stemming from a personal trainer's sexual misconduct.

  • November 04, 2024

    Justices Remand Atty Privilege Case After Judge Admits Gaffe

    The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.

  • November 04, 2024

    MVP: Simpson Thacher's Andrew T. Frankel

    Andrew Frankel, the head of Simpson Thacher & Bartlett LLP's insurance and reinsurance practice, has represented insurers in complex coverage disputes over mass tort litigation, including a PFAS case, talc injury claims against Johnson & Johnson and thorny receivership issues in South Carolina asbestos litigation, earning him a spot among the 2024 Law360 Insurance MVPs.

  • November 01, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.

  • November 01, 2024

    Elevance Says Flawed Medicare Rating System Cost It $375M

    Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.

  • November 01, 2024

    FEMA Finalizes Rule Allowing Monthly NFIP Bill Payments

    National Flood Insurance Program policyholders will be able to pay their premiums on a monthly basis starting next year, under a rule finalized Friday that is meant to incentivize greater and continued participation in the nation's largest provider of flood insurance.

  • November 01, 2024

    Gallery Owner Ends Virus Coverage Fight After Calif. Ruling

    A California gallery owner has ended its COVID-19 property insurance dispute with a Hartford unit in the wake of a California Supreme Court ruling in August finding that a virus exclusion in a restaurant's policy, issued by the same unit, did not render coverage illusory.

  • November 01, 2024

    Retail Center Says AIG Unit Must Cover Foundation Damage

    A real estate management company owned by Rick Caruso, a 2022 candidate for mayor of Los Angeles, accused an AIG unit of failing to cover property damage at one of its shopping complexes, telling a California federal court the insurer delayed notice for nearly 10 years.

  • November 01, 2024

    Taco Bell Franchisee Insurers Want Out Of BIPA Suit Coverage

    Two Nationwide units told an Illinois federal court they owe no coverage to two Taco Bell franchisees facing a proposed class action alleging that they violated the Illinois Biometric Information Privacy Act, invoking three separate exclusions in the franchisees' commercial general liability and umbrella policies.

  • November 01, 2024

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

    This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.

  • October 31, 2024

    2nd Circ. Draws BDO Back In Investor Suit In Revised Opinion

    The Second Circuit on Thursday reversed course in an amended opinion about an investor suit over financial restatements made by AmTrust Financial Services Inc., finding that auditor BDO USA LLP is not off the hook for certifying the insurer's financial statements.

  • October 31, 2024

    4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage

    A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.

Expert Analysis

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Fla. Insurer-Breach Cases Split On Unrepaired Property Issue

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    A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • Insurance Likely Kept Swift Out Of The Woods After Vienna

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    Financial losses Taylor Swift incurred from the cancellation of three concerts in Vienna in August will likely be covered by insurance policies, considering how the facts of the situation differ from those of the Foo Fighters' 2015 insurance dispute over event cancellation and terrorism coverage, say attorneys at Anderson Kill.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 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.

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