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Insurance
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July 03, 2024
Red States Get ACA Trans Discrimination Rule Blocked
Federal judges in Mississippi and Texas granted conservatives states' requests Wednesday to freeze a new rule protecting access to healthcare for the LGBTQ+ community, with both judges ruling that states are likely to succeed in showing that the U.S. Department of Health and Human Services overstepped when it created the regulations.
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July 03, 2024
California Tribe Sues Over 'Princeology' RICO Scheme
A California tribe is suing its former council chairwoman and two members of her nonprofit's board of directors, alleging they devised a scheme to funnel hundreds of thousands of dollars in legal fees and insurance costs to cover her Prince memorabilia collection and continue to "squat" on its property to block its sale.
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July 03, 2024
Geico To Pay Policyholders $2M To Settle Underpayment Suit
Geico policyholders asked a New Jersey federal judge for preliminary approval of a $1.9 million settlement resolving claims the insurer breached their policies by failing to pay title or registration transfer fees upon the total loss of an insured vehicle.
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July 03, 2024
Hartford Unit Says Software Co. Not Covered For BIPA Claims
A Hartford unit told an Illinois federal court that a software company isn't owed coverage for two underlying class actions alleging that its software was used by two different restaurant chains to collect customers' biometric information, arguing that the alleged Biometric Information Privacy Act violations aren't covered under its policies.
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July 03, 2024
Morgan Lewis Benefit Plan Exits Atty's ERISA Suit
An attorney at Morgan Lewis & Bockius LLP agreed to drop claims against her employee benefit plan in an Employee Retirement Income Security Act suit in Pennsylvania federal court alleging her long-term disability benefits were abruptly terminated after applying criteria irrelevant to her work.
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July 03, 2024
Markel Drops Suit Over Law Firm's Malpractice Coverage
A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit
The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.
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July 02, 2024
Travelers Says No Coverage For Energy Co.'s Enviro Dispute
A Travelers unit said it has no coverage obligations to an energy company in a now-settled Louisiana state court suit over environmental damage, telling a Texas federal court that the company's failure to notify the insurer of the suit for more than eight years violated the policies.
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July 02, 2024
Calif. School District Says Chubb Must Cover Sex Abuse Suits
The Los Angeles Unified School District, the second-largest school district in the country, accused several Chubb units of wrongfully denying coverage for 61 underlying sexual abuse claims, telling a state court that the underlying allegations create at least a potential for coverage under its policies.
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July 02, 2024
DOL Sends Final Rule On Mental Health Parity To White House
The U.S. Department of Labor transmitted a final rule to the White House for review designed to boost employer health plans' compliance with a law requiring equal coverage of mental health and substance use disorder treatments compared to physical care, according to a regulatory filing posted online.
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July 02, 2024
Blank Rome Taps California Insurance Recovery Pros
Two lawyers from Northern California insurance specialty boutique Weinstein & Numbers LLP, including one of the firm's founders who represented the Catholic Archdiocese of San Francisco and other dioceses, are joining Blank Rome.
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July 02, 2024
Progressive, NY Drivers Set $48M Deal To End Car Value Fight
A class of drivers has asked a New York federal court to tentatively sign off on a $48 million settlement with Progressive insurers over allegations that the carriers undervalued and underpaid policyholders' claims for totaled vehicles, saying the agreement is an "excellent result" for the classes.
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July 01, 2024
W.Va. Homeowner's Depreciation Suit Survives Dismissal
A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.
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July 01, 2024
Gas Co. Not Covered For Pollution MDL, NY Court Rules
A petroleum company is not owed coverage for an underlying multidistrict litigation over remediation for groundwater contamination that the suit alleges was caused by a gasoline additive, a New York state appeals court said, holding that pollution exclusions in multiple of its policies applied to the contamination.
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July 01, 2024
House Republicans Call For ACA Enrollment Probe
Three House Republican committee chairs are asking government watchdogs to investigate Affordable Care Act enrollments after a third-party report alleged a significant number of Americans are fraudulently accessing low-income healthcare subsidies.
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July 01, 2024
Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets
A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.
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July 01, 2024
Delta Dental Wants Antitrust Claims Standard Decided Now
Delta Dental has asked an Illinois federal judge to decide now — prior to ruling on a class certification bid — on the standard of review applicable in a case launched by service providers alleging the dental insurance system and its members are violating antitrust law through a $13 billion scheme to restrict competition.
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July 01, 2024
Top Personal Injury, Med Mal News: 2024 Midyear Report
A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.
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July 01, 2024
Colo. Restaurant Says Insurer Must Cover Plumbing Damage
A Denver restaurant said it is owed coverage for its property losses and a neighbor's demand for reimbursement after a sewage leak allegedly caused by defective plumbing work damaged a commercial condominium complex, telling a Colorado state court its insurer unreasonably denied or delayed coverage.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Insurer Says Auto Co.'s COVID Coverage Suit Is Time-Barred
An auto parts manufacturer's lawsuit seeking $50 million in coverage for COVID-19-related losses is time-barred, an insurer told a North Carolina federal court Friday, arguing that the manufacturer filed suit a year after the policy's three-year limitation period.
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June 28, 2024
Rite Aid Ch. 11 Plan OK'd With Insurers' Objections Resolved
A New Jersey bankruptcy judge Friday approved pharmacy chain Rite Aid's Chapter 11 restructuring plan after the company said it had resolved objections from its insurance carriers to how the plan treats their policies.
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June 28, 2024
Insurer Says It Owes No Coverage In Hair Relaxer Litigation
As a beauty manufacturer faces allegations that its line of hair relaxers contain carcinogenic ingredients, Selective Way Insurance Co. has asked a Georgia federal judge to release it from having to cover the company's defense in a sprawling multidistrict litigation.
Expert Analysis
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.
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What R&W Insurance Access Means For Small-Cap M&A
As a slowdown in mergers and acquisitions has increased insurer appetite for underwriting small-cap transactions, buyers of small and midsize enterprises stand to benefit from easier access to representations and warranties insurance, which can add protection and reassurance for all parties involved in a deal, say Caroline Thee and Ewelina Mikocewicz at Taft Stettinius.
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Ill. Insurance Ruling Helps Developers, Community Orgs. Alike
The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.