Insurance

  • September 26, 2024

    Pa. Justices Say COVID Closures Aren't Covered Losses

    Pennsylvania's Supreme Court shut the door Thursday on COVID-19 pandemic loss insurance coverage for businesses closed by government mandate, ruling that requisite physical loss or damage required tangible alteration to property, reversing a lower court decision that stated loss of use was sufficient.

  • September 26, 2024

    9th Circ. Says Defense Owed In Salesforce Trafficking Row

    Travelers must defend Salesforce against consolidated underlying sex trafficking claims being litigated in Texas state court, the Ninth Circuit ruled, rejecting the insurer's position that because Salesforce's alleged violation of Texas sex trafficking statutes necessarily involved expected or intentional conduct, it had no defense obligation.

  • September 26, 2024

    Arthur J. Gallagher To Pay $21M To End Data Breach Suits

    Insurance broker Arthur J. Gallagher & Co. has agreed to pay $21 million to resolve several lawsuits consolidated in Illinois alleging that it failed to protect more than 3 million customers from a data breach that compromised their personally identifiable information, with an Illinois federal judge giving her initial blessing to the deal Thursday.

  • September 26, 2024

    NJ Atty Rips AG For 'Grossly Distorted' Power Broker Case

    A New Jersey attorney charged in the state's sweeping indictment against power broker George E. Norcross III accused the Attorney General's Office on Thursday of "attempting to criminalize the routine practice of law" with its charges against him.

  • September 26, 2024

    NY Appeals Court Casts Doubt On $489M Trump Judgment

    Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.

  • September 25, 2024

    Wash. Judge Says Co., Firm Seem To Share Sanctions Blame

    A Washington appeals court judge said Wednesday that a climbing equipment manufacturer and its former trial counsel, Sinars Slowikowski Tomaska LLC, appear to share blame for discovery violations in a product liability lawsuit and that a trial court appeared to have the authority to issue sanctions.

  • September 25, 2024

    Baltimore Bridge Wreck: 6 Months Later, Claims Mount

    A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.

  • September 25, 2024

    Fla. Condo's Irma Suit Dismissed After Settlement With Insurer

    A Florida federal court on Wednesday dismissed a lawsuit brought by a Fort Myers Beach condominium association after it settled with an insurance company for an appraisal award that was allegedly owed for damage caused by Hurricane Irma in 2017.

  • September 25, 2024

    Owner Tanked NC Captive Insurer, Directors Say

    Minority shareholders of a now-defunct North Carolina captive insurer providing liability coverage to nursing homes accused the captive's majority shareholder of refusing to pay over $5 million in premiums and stealing funds to pay off his personal legal debts, seeking damages in North Carolina's business court.

  • September 25, 2024

    7th Circ. Judge Surprised Key Argument Left In Footnote

    A Seventh Circuit judge seemed unsure Wednesday whether an insurer for Sterigenics could avoid a $75 million legal bill for defending the company from pollution suits, noting that the insurer addressed "the biggest issue in the case" in just a single, vague footnote. 

  • September 25, 2024

    Power Plant Insurers Take GE Arbitration Fight To 11th Circ.

    Insurers for an Algerian power plant that sustained losses from a defective gas turbine told an Eleventh Circuit panel Wednesday that a lower court wrongly forced arbitration, arguing it was not subject to that provision as a third-party beneficiary in a services contract with General Electric.

  • September 25, 2024

    NJ Pharmacy Execs Cop To $33M Kickback Scheme

    Two men who ran a New Jersey mail-order pharmacy admitted their roles in a $33 million medication kickback scheme, U.S. Attorney Philip R. Sellinger announced Wednesday.

  • September 25, 2024

    Insurer Can't Escape Coverage Of $10M NY Infant Injury Suit

    A New York federal court ruled Wednesday that an insurer had to face certain claims brought by a general contractor seeking defense coverage for $10 million underlying litigation blaming it for negligently injuring an infant with falling sheetrock while working in his home.

  • September 25, 2024

    Ex-NBA Pro Who Admitted Benefits Fraud Can Play Overseas

    A New York federal judge Wednesday gave a former Philadelphia 76ers guard, who admitted to being part of a scheme to defraud the NBA's benefits plan, permission to travel to Uruguay so he can play professionally there.

  • September 25, 2024

    NC Judge Limits $5.6M Hurricane Claims In Part Over Deadline

    A North Carolina federal court found that a property owner awarded $5.6 million following hurricane damages could continue its breach of contract case against an insurer for alleged underpayment for 2016 Hurricane Matthew damages, though its claims for 2018 Hurricane Florence damages were time-barred.

  • September 25, 2024

    Insurer Needn't Cover Las Vegas Sands In Payment Dispute

    An AIG unit secured an early win in its coverage dispute with a Las Vegas casino over an underlying state court lawsuit brought by an agent alleging the casino failed to pay him for his work, after a Nevada federal court ruled the underlying action was not covered.

  • September 24, 2024

    Lloyd's Units Seek To Keep $3.4M Yacht Dispute Alive

    A group of Lloyd's syndicates and underwriters urged a Washington federal court to reject a yacht builder's bid to avoid reimbursing them for the $3.4 million in coverage they paid after a luxury yacht suffered severe damage when a mobile boat hoist failed during an August 2020 vessel launch.

  • September 24, 2024

    Tractor Supply Co. Tobacco Fee Violates ERISA, Suit Says

    Tractor Supply Co. illegally charged workers who used tobacco an extra fee through their health insurance plan without explaining they could dodge the charge if they participated in a smoking cessation program, according to a proposed class action filed in Pennsylvania federal court.

  • September 24, 2024

    Insurer Says Telecom Co. Not Covered For Marshall Fire Suits

    A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.

  • September 24, 2024

    Calif. Panel Frees Insurer From $7.5M Dog Attack Judgment

    A California appeals court panel affirmed an insurer didn't owe any part of a $7.5 million judgment for a dog attack, finding a homeowner's policy excluding coverage for injuries caused by a pit bull clearly applied to the homeowner's sister's dog, Bugzy.

  • September 24, 2024

    Insurer Beats Co.'s $5.5M Crash Settlement Coverage Suit

    A contractor for a road repavement project can't secure additional insured coverage under a subcontractor's policy for a $5.5 million settlement stemming from two accidents that were caused in part by insufficient warning signs, a North Carolina federal court ruled, noting the subcontractor properly completed its own signage work.

  • September 24, 2024

    Insurer Wants Quick Appeal At 8th Circ. In DOL Tax Fight

    A health insurer will seek the Eighth Circuit's review after a federal judge refused to toss a suit from the U.S. Department of Labor claiming the company unlawfully took at least $66.8 million in Minnesota state tax liability from plans it administered to pay in-network providers.

  • September 24, 2024

    NJ Power Broker Says AG's 'Crime Thriller' Lacks A Crime

    Powerful New Jersey businessman George E. Norcross III Tuesday called the Garden State's 111-page indictment alleging he led a scheme to strong-arm the acquisition of waterfront property in Camden through threats of economic and reputational harm a "crime thriller with no crime," and said it must be dismissed.

  • September 23, 2024

    Gordon Rees Gets Insurer's Wash. Malpractice Suit Trimmed

    A Washington judge issued a mixed order in a lawsuit brought by the insurer for a climbing equipment manufacturer over allegations that misconduct by a Gordon Rees Scully Mansukhani LLP attorney — coupled with another insurer's decision to yank coverage — forced the manufacturer into a settlement over a climber's fall.

  • September 23, 2024

    Adjuster Has No Duty To Insured In La. Hurricane Row

    A Louisiana federal judge ruled Monday that an insurance adjuster can't be dragged into a third-party demand by a nursing facility property owner over Hurricane Ida damage to its New Orleans location, finding that only "in very rare circumstances" would the adjuster have any duty to an insured.

Expert Analysis

  • 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.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • What To Know About Insurance Coverage For Antitrust Risks

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    With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Finding Coverage For Online Retail Privacy Class Actions

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    Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

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