Insurance

  • January 15, 2025

    Crash Claimant Can't Appeal After Payout, NJ Justices Say

    A plaintiff in an automobile personal injury case who accepts full payment of a final judgment and executes a warrant to satisfy it may not appeal a ruling barring evidence of future medical expenses unless they state their intent to appeal before accepting the payment, the New Jersey Supreme Court ruled Wednesday.

  • January 15, 2025

    4th Circ. Affirms $1M Appeal Bond Reimbursement Ruling

    Atain Specialty Insurance Co. must reimburse Liberty Mutual Insurance Co. for the $1 million appeal bond Liberty issued to an Atain insured that ultimately lost its appeal in an underlying suit, the Fourth Circuit ruled Wednesday, even though Liberty incorrectly indicated it previously closed the bond.

  • January 15, 2025

    Symetra Life Policyholders Seek $32.5M Settlement Approval

    A proposed class of Symetra policyholders asked a Washington federal court to preliminarily approve a $32.5 million deal to resolve a suit alleging that the insurer overcharged them for life insurance, saying the 11-state settlement would cover the owners of 43,000 policies.

  • January 15, 2025

    Grocer, Insurers Must Produce Docs In NC Opioid Row

    A North Carolina state court issued a discovery decision in a dispute between grocery chain Harris Teeter Supermarkets Inc. and a slew of its insurers over coverage for about 100 lawsuits seeking damages related to the opioid epidemic, telling the parties to hand over certain documents from between 1993 and 2014.

  • January 15, 2025

    3rd Circ. Preview: NFL Concussion Benefits Fight Tops January

    The case of late NFL players' family members who say they shouldn't have to exhume their loved ones' remains to receive benefits from the national concussion settlement takes center stage in the Third Circuit's January argument session.

  • January 15, 2025

    Chubb Unit Seeks Exit From Bar's $105M Drunken Driving Suit

    A Chubb unit said it no longer owes coverage to a bar appealing a $105 million judgment related to a drunken patron's car crash, telling a Texas federal court the bar violated the terms of the policy by refusing to cooperate with the insurer's defense.

  • January 14, 2025

    Legal Pros Offer LA-Area Fire Victims Insurance Tips

    Personal injury and insurance attorneys offered Los Angeles fire victims practical tips during an hourslong info-session hosted by the Beverly Hills Bar Association on Tuesday, cautioning against hiring public adjusters and attorneys quickly or taking money from FEMA and detailing actions victims should take now to get insurance claims timely adjudicated.

  • January 14, 2025

    Insurer Says Event Co. Hid Texts Showing Overstated Losses

    An insurer renewed its request for sanctions in a Minnesota federal case against an event center it insured, accusing the business of concealing evidence that it fraudulently inflated its losses from vandalism after the death of George Floyd.

  • January 14, 2025

    SEC Sues Elon Musk Over Late Twitter Buy-Up Disclosure

    Elon Musk violated securities laws by failing to timely disclose his initial buy-up of Twitter stock ahead of his $44 billion acquisition of the company, allowing him to purchase shares at artificially low prices, the U.S. Securities and Exchange Commission alleged in a D.C. federal lawsuit filed Tuesday.

  • January 14, 2025

    Mercedes Urges 6th Circ. Redo Of Fire Coverage Ruling

    The research group for Mercedes-Benz North America has told the Sixth Circuit it should not have to reimburse the insurer of an Ann Arbor, Michigan, property it rented for a fire it inadvertently set, saying a clause in its lease prevents subrogation.

  • January 14, 2025

    Lockheed, CNA Pause Coverage Suit Amid Settlement Talks

    A Maryland federal court agreed Tuesday to continue pausing a dispute between Lockheed Martin Corp. and a CNA Financial unit over coverage for lawsuits accusing the aerospace and defense giant of environmental contamination, as the parties negotiate a potential coverage settlement.

  • January 14, 2025

    Insurer Says It Owes No Coverage In Pot Co. Death Suit

    Trisura Specialty Insurance Co. has told a Florida federal court exceptions to Trulieve Inc.'s insurance policy relieve it from having to defend the cannabis company from a wrongful death suit.

  • January 14, 2025

    Trade Secret Suit Sends New Zealand Software Co. Into Ch. 15

    A New Zealand company that develops actuarial software products supported by artificial intelligence commenced a Chapter 15 bankruptcy case in Delaware Tuesday, saying ongoing trade secrets litigation had harmed its sales and operations.

  • January 14, 2025

    Mass. AG Says Insulin Makers, Middlemen Colluded On Costs

    Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.

  • January 13, 2025

    Texas AG Sues Allstate In Latest Location Data Privacy Strike

    Texas' attorney general is accusing Allstate and a subsidiary of violating the state's new comprehensive data privacy law by unlawfully collecting drivers' location data through tracking software embedded in their mobile apps and then using that information to set car insurance rates. 

  • January 13, 2025

    6th Circ. OKs Home Depot's $50M Data Breach Coverage Loss

    The Sixth Circuit affirmed Monday a finding that an electronic-data exclusion provision in Home Depot Inc.'s commercial general liability excess policies with Steadfast Insurance Co. and Great American Assurance Co. unambiguously barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.

  • January 13, 2025

    Fla. Court OKs $6B Settlement Data Release In 3M's UK Case

    A Florida federal court has authorized the release of certain information related to 3M's $6 billion multidistrict litigation settlement ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which was convened to determine if insurer AIG Europe Ltd. is refusing to pay its share of the deal.

  • January 13, 2025

    Insurer Drops Dispute Over Private Equity Firm's Deals

    An excess insurer agreed Monday to drop its Massachusetts federal suit seeking to avoid coverage of two settlements made by its insured, the private equity firm Advent International, over supposed wrongful acts the company committed related to the sale of two portfolio companies to two different buyers.

  • January 13, 2025

    State Farm, Insurance Association Escape Data-Sharing Suit

    An Illinois federal judge dismissed a proposed class action complaint Monday accusing State Farm of improperly sharing personal health information with a consortium of other insurers that allowed them to raise premiums and deny coverage industrywide, finding the conduct wasn't prohibited under the Illinois Insurance Code.

  • January 13, 2025

    Investment Firm Seeks Coverage For Hertz Buyback Suits

    An investment adviser said its insurers must provide coverage for underlying actions related to the adviser's involvement in car rental company Hertz Global Holdings Inc.'s stock buybacks, telling a Delaware state court that its primary carrier improperly denied coverage.

  • January 13, 2025

    Tax Firm Asks Court To Ax Final IRS Microcaptive Rules

    A global tax services provider asked a Texas federal court to vacate finalized tax rules requiring the reporting of certain transactions involving captive insurance companies deemed as potentially abusive, arguing the guidance goes beyond the agency's authority.

  • January 13, 2025

    IRS Eases Process Of Insurance Co. Alternate Tax Revocation

    The Internal Revenue Service laid out a streamlined process Monday by which certain insurance companies that took an elective application of an alternative tax may obtain automatic consent to revoke that election.

  • January 13, 2025

    Justices Won't Hear Farming Partnership's Crop Policy Fight

    The U.S. Supreme Court refused Monday to review a Ninth Circuit decision backing the Federal Crop Insurance Corp.'s conclusion that a farming partnership seeking to recover its $1.9 million policy limit didn't qualify for coverage.

  • January 13, 2025

    $13.4M Suit Against Insurer For Conn. Death Verdict Paused

    A Connecticut state court judge has rejected Hanover Insurance Co.'s bid to dismiss a mother's lawsuit seeking to partially enforce a $13.4 million trial judgment over her son's death in a group home, but agreed to pause the matter while the group home appeals the verdict.

  • January 13, 2025

    PBMs' Federal Work Irrelevant To Opioid Suit, Mich. AG Says

    Michigan's attorney general urged a federal judge Friday to send a case accusing pharmacy benefit managers of stoking the opioid crisis back to the state court where it was originally filed, saying there is nothing federal about the claims.

Expert Analysis

  • Mental Health Parity Rules: Tips For Plans And Issuers

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    Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Climate Among Many Factors Driving Up RE Insurance Costs

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    A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.

  • 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.

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