Insurance

  • July 31, 2024

    Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies

    The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.

  • July 31, 2024

    Insurer Says No Coverage For Wash. Pay Law Class Actions

    An insurer said it has no duty to defend or indemnify food service companies accused of violating the Washington Equal Pay and Opportunities Act in two putative class actions, telling a federal court Wednesday the allegations don't trigger coverage under an employment practices liability insurance policy.

  • July 31, 2024

    CVS Appeal Blocked In Whistleblower Suit Over Drug Prices

    A Pennsylvania federal judge has barred CVS Health Co. from making an interlocutory appeal over his interpretation of regulations in a whistleblower's lawsuit claiming the company's prescription entities falsely reported drug prices to the government. The judge recommended that a trial date be set in the decade-long litigation instead.

  • July 31, 2024

    Rising Star: Cohen Ziffer's Orrie Levy

    Orrie A. Levy of Cohen Ziffer Frenchman & McKenna beat insurers' attempts to avoid defending Walmart in opioid lawsuits and secured a rare ruling setting aside a Delaware jury's verdict favoring an AIG unit in an insurance coverage trial, earning him a spot among insurance law attorneys under age 40 honored by Law360 as Rising Stars.

  • July 31, 2024

    Insurer Wants Out Of Yacht Brokerage Group Antitrust Suit

    A professional liability insurer for a yacht brokerage trade group has told a Florida federal court that it owes no coverage for an underlying proposed class action accusing the group of engaging in anticompetitive conduct, pointing to an exclusion barring coverage for "standard setting" claims.

  • July 31, 2024

    Cadwalader Can't Cloak Cyberattack Coverage Suit, Court Told

    A Lloyd's of London syndicate wants to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, saying it was never given a chance to oppose, and the firm otherwise failed to show why the suit should stay under wraps.

  • July 31, 2024

    AIG Units Off Hook In Defending McKesson Opioid Suits

    Two AIG insurers have no duty to defend McKesson Corp. over claims it intentionally over-distributed opioids, a California federal court ruled, saying the three underlying suits do not allege a potentially covered occurrence under policies issued between 1999 and 2004.

  • July 31, 2024

    BakerHostetler, Dechert Steer $2.3B CBIZ-Marcum Deal

    Cleveland-based accounting firm CBIZ Inc. said Wednesday it has agreed to buy competitor Marcum in a $2.3 billion deal that will create the seventh-largest accounting services provider in the U.S.

  • July 30, 2024

    Fla. Insurance Co. Accused Of Causing Black Mold Death

    A Florida insurance company was accused of wrongfully causing the death of a woman who died from black mold contamination in a state complaint brought by her sole descendant, who alleges the insurer didn't send a promised team to remediate the woman's home after it was damaged by Hurricane Ian.

  • July 30, 2024

    Ex-Allied World Insurance Exec. Admits To $1.5M Fraud

    A former Allied World Insurance Co. executive pleaded guilty Tuesday to running a scheme that tricked the company into paying nearly $1.5 million for phony construction work and collecting undisclosed kickbacks from its vendors.

  • July 30, 2024

    Florida Residents Urge 11th Circ. Keep Block On Gender Law

    Transgender adults and children in Florida on Monday urged the Eleventh Circuit to reject the state's attempt to enforce a law restricting gender-affirming treatment for transgender minors and adults while the case is on appeal.

  • July 30, 2024

    $147.5M Deal In Life Insurance Cost Suit Meets Resistance

    A Connecticut federal judge should not give his preliminary approval to a $147.5 million class settlement that would end several lawsuits alleging that Lincoln insurance entities overcharged their policyholders because three later-filed cases in other jurisdictions could lead to even higher recoveries, counsel for a group of objectors said Tuesday.

  • July 30, 2024

    Insurer Says Interior Dept. Must Face $20M Tribal Loan Claims

    U.S. Department of the Interior Secretary Deb Haaland waited too long to assert that an Ohio federal court cannot hear the case an insurer brought against it over a $20 million tribal loan guarantee, and the suit should be transferred to the Court of Federal Claims instead of being dismissed, the insurer has argued.

  • July 30, 2024

    Ebix Ch. 11 Plan Ruling Held Up By Liability Release Dispute

    A Texas bankruptcy judge declined to rule Tuesday on Ebix Inc.'s request for Chapter 11 plan confirmation, telling the parties he needed more time to sort out a dispute over third-party releases contained in the reorganization deal.

  • July 30, 2024

    Wash. Gym, Insurer Settle Athlete Abuse Coverage Dispute

    An insurer and a gym jointly asked a Washington state federal court to dismiss the insurer's lawsuit seeking to escape any defense or indemnification obligations for an underlying suit from an underage cheerleader's mother, who accused the gym of providing a space for its founder to sexually assault her daughter.

  • July 30, 2024

    Insurer Says No Coverage For Florida Sex Assault Claims

    A trust facing a negligence claim after a minor said she was sexually assaulted while staying at the trust's vacation rental isn't owed any coverage for the lawsuit, its insurer told a Florida federal court Tuesday, citing a sexual molestation exclusion.

  • July 30, 2024

    Insurer Says Trucking Co.'s BIPA Suit Isn't Covered

    An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.

  • July 30, 2024

    PBMs Urge Justices To Reject Review Of Okla. Law Dispute

    An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.

  • July 30, 2024

    Baker Sterchi Expands Northwest In Merger With Seattle Firm

    Regional firm Baker Sterchi Cowden & Rice LLC is expanding outside the Midwest as it takes on Seattle-based Christie Law Group PLLC on Sept. 1, the firm announced Tuesday.

  • July 30, 2024

    Rising Star: Covington's Alexis Dyschkant

    Alexis Dyschkant of Covington & Burling LLP is an emerging leading expert on PFAS-related coverage issues, taking point on litigation strategy, summary judgment briefing and oral arguments, all earning her a spot among the insurance attorneys under age 40 honored by Law360 as Rising Stars.

  • July 30, 2024

    What Mass. Attys Will Be Watching In The 2nd Half Of 2024

    Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.

  • July 29, 2024

    Feds Say Tenn., NC Hospitals Overpaid Doctors For Referrals

    A Tennessee-based hospital system violated the False Claims Act by taking $27.8 million in public healthcare allotments while overpaying doctors, sometimes by three times the average physician's pay, to make internal referrals, according to a lawsuit the U.S. Department of Justice has joined.

  • July 29, 2024

    Judge Blocks Medical Records Co.'s Anti-Bot Captchas

    A Maryland federal judge on Monday enjoined electronic medical records company PointClickCare from blocking nursing home analytics company Real Time Medical Systems from accessing patient data with automated bots, saying PCC's firewall wasn't justified by concerns over security or system speed.

  • July 29, 2024

    Subcontractor Partially Nixes Claims Over Defense Of MDL

    A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against one of its insurers in Texas federal court, while noting it's still pursuing its coverage demands against two other insurers.

  • July 29, 2024

    Rising Star: Miller Friel's Benjamin W. Massarsky

    Benjamin W. Massarsky of Miller Friel PLLC helped a flooded manufacturing factory obtain more than $112 million from its insurers, one of the largest verdicts in Indiana history and one of the largest bad faith wins nationwide in 30 years, earning him a spot among the insurance law practitioners under age 40 honored by Law360 as Rising Stars.

Expert Analysis

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    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.

  • Series

    ESG Around The World: Canada

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    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.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    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.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • Protections May Exist For Cos. Affected By Red Sea Attacks

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    Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • 3 Significant Ohio Insurance Updates From 2023

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    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Consider A Key Insurance Tool For Environmental M&A Deals

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    Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

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