Insurance

  • February 14, 2025

    Insurer Can Proceed With Miami Retaliation Coverage Dispute

    A Florida federal court partially rejected on Friday a magistrate judge's dismissal recommendations in a dispute between the city of Miami and an insurer over coverage for underlying lawsuits that allege political retaliation, allowing the parties to litigate the insurer's potential duty to defend.

  • February 14, 2025

    Smithfield Fires Back At 'Improper' CLO Deposition Bid

    Smithfield Foods Inc. urged North Carolina's Business Court not to let a Chubb unit depose the pork producer's legal chief, calling the insurer's motion from last week an "improper and untimely attempt to seek discovery that Ace could have pursued before the fact discovery deadline."

  • February 14, 2025

    Drug Costs, State Laws Fuel Push For Fed. Action On PBMs 

    Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.

  • February 14, 2025

    Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills

    California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.

  • February 14, 2025

    Insurer Goes After Another In $3.5M Sewer Damage Suit

    A subcontractor's insurer lodged a third-party complaint against a Liberty Mutual unit in Colorado federal court, accusing it of reaching a "collusive" $730,000 consent agreement in an underlying sewer rupture dispute and arguing that the unit should've paid its full $2 million limit instead.

  • February 14, 2025

    Nonprofit Not Covered For Palestine Protest Suit, Insurer Says

    An insurer said it has no duty to defend or indemnify a social justice organization against a proposed class action concerning a Chicago protest in support of Palestine, telling a New York federal court the allegations against the Westchester County foundation don't fall within its policies' scopes of coverage.

  • February 14, 2025

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

    This past week in London has seen Spice Girls star Mel B's ex-husband bring a defamation claim against the publisher of The Sun, a hotel sue a former director convicted of embezzling its funds for breach of fiduciary duty, and comedian Russell Brand face a sexual abuse claim. Here, Law360 looks at these and other new claims in the U.K.

  • February 13, 2025

    UnitedHealth Can't Escape All Claims In AI Denial Suit

    A Minnesota federal judge Thursday allowed Medicare Advantage patients and the estates of deceased enrollees to pursue breach of contract claims against UnitedHealth over its alleged use of AI to override physician recommendations, finding they are not preempted by the Medicare Act, but tossed others by holding they are preempted.

  • February 13, 2025

    Oil & Gas Co.'s Antitrust Suit Baseless, Insurers Say

    Insurers who hold surety bonds in an oil company and have been accused of colluding with other bondholders to demand additional collateral have urged a Texas federal court to dismiss the antitrust allegations against them, saying the dispute is contractual only.

  • February 13, 2025

    NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud

    The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.

  • February 13, 2025

    Insurers Say Adjuster Must Cover $66M Suit Over Boat Death

    Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.

  • February 13, 2025

    Judge's Bias Justifies Reviving Insurance Row, Fla. Panel Says

    A man whose legal counsel was disbarred while his insurance suit was pending will have another chance to pursue his claims, a Florida state appeals court has determined, reversing a lower court order that threw out the suit for delays and moving the case to another judge after finding evidence of potential "bias or prejudice."

  • February 12, 2025

    Social Media MDL Judge Rips Google, Snap Quick Appeal Bid

    A California federal judge indicated Wednesday she likely won't let Google and Snap file interlocutory appeals in multidistrict litigation over social media's allegedly addictive designs, saying the appeals requests make "no sense," and she slammed Meta insurers' unnecessary motion to expedite its coverage dispute with Meta as "unprofessional."

  • February 12, 2025

    Insurer Says Gun Clause Blocks Deadly Shooting Coverage

    An insurer has said a firearms exclusion in a Washington state sports pub's policy bars coverage in a pair of wrongful death lawsuits stemming from a shooting more than three years ago that left three people dead.

  • February 12, 2025

    3rd Circ. Says Parents Can't Get Coverage In Gun Case

    A couple whose son was found guilty of two homicides is not entitled to coverage from two homeowners insurers for a civil suit filed by one victim's mother, the Third Circuit affirmed, finding the civil case accused the parents of intentionally concealing the firearm their son allegedly used.

  • February 12, 2025

    AIG Unit Says $6M Construction Defect Deal Isn't Covered

    An AIG unit said it shouldn't have to cover a $6 million agreement and stipulated judgment between a stucco subcontractor and the owner of an apartment construction project, telling an Arizona federal court Wednesday that the deal is unreasonable and unenforceable.

  • February 12, 2025

    Allstate Hit With Another Class Action Over Data Collection

    Allstate has been hit with another proposed class action in Illinois federal court accusing the auto insurer of illegally obtaining the personal driving data of millions of policyholders via software embedded in third-party apps and using that data for the insurer's own underwriting purposes.

  • February 12, 2025

    NC Justices Weigh Blame For Errors In Insurance Application

    The North Carolina Supreme Court on Wednesday grappled with who is to blame for misstatements in an insurance application that was prepared by an agent but signed by the homeowner, with the agency arguing it was on the homeowner to catch those mistakes.

  • February 12, 2025

    Insurer Needn't Pay For Leaky Window Arbitration Award

    An insurer doesn't need to pay for an arbitration award entered against its policyholder and in favor of a Kansas county board of commissioners in a defective window installation dispute, a federal court ruled, saying the commercial general liability policy at issue doesn't cover the policyholder's breach of contract.

  • February 11, 2025

    Calif.'s Insurance Safety Net Gets $1B Infusion For Fire Claims

    California Insurance Commissioner Ricardo Lara has signed off on $1 billion in additional funding for California's FAIR Plan, the state's insurer of last resort, to ensure the plan can keep paying consumer claims to survivors of the Southern California wildfires, according to an order issued Tuesday.

  • February 11, 2025

    GOP Reps. Reintroduce Litigation Funding Disclosures Bill

    Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    NY Judge Sides With Attorney In Golf Malpractice Row

    A New York federal magistrate judge has recommended summary judgment in favor of an attorney in a legal malpractice lawsuit in which he is accused of causing the plaintiffs to lose an Arizona golf course property because he failed to file the proper bankruptcy paperwork.

  • February 11, 2025

    Progressive Inks $3.25M Data Breach Deal With 350K Members

    Approximately 350,000 Progressive Casualty Insurance customers on Tuesday asked an Ohio federal judge to grant final approval to a $3.25 million settlement stemming from a data breach event that exposed their personal information, noting the resolution is a favorable outcome, given the risks to their claims if litigation continued.

  • February 11, 2025

    Colo. Justices Mull Statute's Silence In Med Mal Cap Debate

    The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.

Expert Analysis

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Illuminating The Trend Of Florida's Unpaid Hurricane Claims

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    The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.

  • Top Considerations For Insurance Companies In 2025

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    As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.

  • Scope And Nature Of Judicial Relief Will Affect Loper's Impact

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    The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Insurance Considerations For LA Wildfire Recovery

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    Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • LA Wildfires' Effect On Calif. Insurer Of Last Resort

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    Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

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