Insurance

  • August 26, 2024

    Store Seeks Coverage For Murdaugh Boat Crash-Related Suit

    A convenience store accused of negligently selling alcohol to disgraced former lawyer Alex Murdaugh's underage son, who later crashed a boat that led to a girl's death, sought coverage from its insurers for a related civil conspiracy lawsuit, maintaining that the suit falls within its policies' scope of coverage.

  • August 26, 2024

    9th Circ. Won't Renew Seattle Homeowners' Insurance Row

    A group of Seattle homeowners cannot force Security National Insurance Co. to help cover a nearly $617,000 default judgment in an underlying construction defect dispute against its insured, the Ninth Circuit ruled, finding exclusions barring coverage for new construction applicable.

  • August 26, 2024

    Insurer Says Others Owe Payment In Asbestos Injury Rows

    An insurer that said it exceeded its coverage obligations for underlying asbestos injury litigation by millions of dollars has asked a Michigan federal court to determine how much other entities must pay in connection with the underlying suits.

  • August 26, 2024

    Bank Co. Disputes AIG's Reading Of Covered Defense Costs

    A bank owner defended its amended claims that an AIG unit violated the Texas Insurance Code, telling a Texas federal court that AIG unlawfully issued it late defense payments and refused to cover defense costs that "incidentally" benefited its affirmative underlying claims.

  • August 26, 2024

    4th Circ. Won't Free Insurance Mogul From $524M Judgment

    Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.

  • August 26, 2024

    Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute

    Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.

  • August 26, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.

  • August 23, 2024

    TriZetto Says Infosys Swiped Healthcare Software Secrets

    Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.

  • August 23, 2024

    Allstate Can't Get Injunction To Stop 'Smear Campaign'

    A Colorado federal judge said she could not issue an injunction to force a former insurance agent whom Allstate alleges is conducting a "smear campaign" against it to immediately remove web content accusing the insurer of selling its customers' personal information to child rapists and sex traffickers.

  • August 23, 2024

    Insurer Must Cover Flooded Basements, Mich. Panel Says

    An insurer must pay a property owner over $150,000 in damages stemming from drain backups and water damage, a Michigan state appeals court ruled, finding that the property owner inquired about increased coverage before the discovery of the loss.

  • August 23, 2024

    Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win

    The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.

  • August 23, 2024

    Insurance Software Co. Probe, Insider Sales Prompt Del. Suit

    A MediaAlpha Inc. stockholder sued in Delaware's Court of Chancery on Thursday for access to the insurance marketing platform developer's books and records, pointing to stock sales by the company's two controlling investors that allegedly allowed them to avoid $66 million in stock drop losses.

  • August 23, 2024

    Everest Re Unit Escapes Data Breach Class Action

    A New Jersey federal judge has tossed a proposed class action claiming that an Everest Re unit failed to protect customers' personal information during a data breach, ruling that the suit fails to show that the company had a duty to protect their information.

  • August 23, 2024

    The Biggest Texas Trial Rulings Of 2024: Midyear Report

    Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.

  • August 23, 2024

    Patent Case Against USPTO Mimics Failed Suit, Feds Say

    The federal government has moved to toss a suit alleging that the U.S. Patent and Trademark Office's website infringes patents covering the idea of two-factor authorization, arguing that a patent in the same "family" was thrown out in 2016 by a different court that said it contained "nothing inventive."

  • August 23, 2024

    Insurer Scores Coverage Win Over Retaining Wall Failure

    A contractor's insurer has no duty to help cover a $2.66 million settlement over the contractor's faulty construction of retaining walls, a Washington federal court ruled, finding an "impaired property" exclusion applicable.

  • August 23, 2024

    Utah Plumbing Supply Co.'s Microcaptive Suit Tossed

    A Utah federal judge dismissed Friday a plumbing supply company and its owners' bid to set aside the IRS' 2016 notice that imposed additional reporting requirements for certain microcaptive insurance arrangements under the threat of penalty, saying the court lacks jurisdiction to do so.

  • August 23, 2024

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

    The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.

  • August 22, 2024

    Construction Co. Says It's Owed Coverage For Sinkhole Claim

    A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.

  • August 22, 2024

    Ex-MiMedx Sales Rep Says Fraud Schemes Pushed Her Out

    A former employee of controversial biotech firm MiMedx who was sued for joining a competitor earlier this year hit the company back with a counterclaim Tuesday charging that she was forced out for refusing to go along with the company's alleged flouting of U.S. Food and Drug Administration regulations and rampant overbilling schemes.

  • August 22, 2024

    State Farm Can't Slash Fraud Suit, Even On The Merits

    An Illinois federal judge has stuck to her decision not to let State Farm significantly cut down a proposed class action targeting an allegedly unlawful totaled-vehicle valuation formula, even while acknowledging she should have considered the merits of State Farm's arguments.

  • August 22, 2024

    NY AG Tells Appeals Court To Uphold $465M Trump Judgment

    Donald Trump has barely challenged the extensive proof of financial statement lies undergirding a $465 million civil fraud judgment against him and his co-defendants, New York's attorney general said in an appeals brief looking to preserve the bench verdict.

  • August 22, 2024

    Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team

    Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.

  • August 22, 2024

    Ga. Mineral Co., Insurer Strike Deal In Talc Coverage Suit

    Phoenix Insurance Co. reached a contingent settlement with a Georgia-based mineral products company in litigation seeking to force the insurer to defend the company against an underlying suit claiming it supplied asbestos-containing talc products.

  • August 22, 2024

    7th Circ. Says Hidden IP Fight Doomed Insurance Coverage Bid

    The Seventh Circuit has agreed an insurer could rescind its policies covering a garbage services company because that company failed to disclose an already brewing trademark dispute, concluding the company's argument that it didn't need to disclose the feud was "not supported by the record or common sense."

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone. 

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • A Rare Look At Judicial Interpretation Of LEG Exclusions

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    A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

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