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Insurance
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August 20, 2024
Paralympic Org. Says Insurer Can't Avoid Covering Abuse Suit
The U.S. Olympic & Paralympic Committee urged a Colorado federal court to toss an insurer's bid to avoid coverage for a Paralympic swimmer's sexual abuse suit, saying the insurer hasn't met the high legal bar to escape its duty to defend.
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August 20, 2024
At-Fault Driver Must Repay $4M Policy Limit, Insurer Says
An insurer is seeking reimbursement of a $4 million policy limit it contributed to a $10 million settlement in connection with separate, underlying personal injury lawsuits stemming from a car accident, telling a Georgia federal court the at-fault driver entered an agreement admitting liability for the accident.
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August 20, 2024
9th Circ. Trans Health Appeal Hints At Supreme Court Fight
The Ninth Circuit will hear arguments Wednesday in an appeal from the state of Idaho seeking to preserve its ban on gender dysphoria treatment for minors, in a case that involves questions about trans health access that the U.S. Supreme Court is set to consider this fall, attorneys say.
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August 20, 2024
Estates Say BNSF, Zurich Delayed Settling Asbestos Claims
BNSF Railway Co. and its Zurich insurer breached their claim handling duties owed to asbestos claimants, the estates of two claimants told a Montana federal court, saying the companies turned insurance protection into "an investment in accrued and ongoing human suffering."
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August 20, 2024
Colorado County Says Aetna Owes $1.1M In Rebates
Aetna Life Insurance Co. is withholding more than $1 million in pharmacy rebates from a Colorado county under an inapplicable early termination clause after local leaders switched to United Healthcare for health insurance services in 2023, according to a federal lawsuit.
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August 20, 2024
Pa. Panel Says Estate Is Entitled To Stacked UIM Coverage
The estate of a Pennsylvania man who died assisting a motorist is entitled to stacked underinsured motorist benefits under a commercial policy issued to a trucking business the man controlled, a state appeals court ruled, noting the trucking company already paid higher premiums for such coverage.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Philadelphia, Insurer Settle Trans Firefighter's Surgery Suit
The city of Philadelphia, Independence Blue Cross and a firefighters union agreed to settle a transgender firefighter's suit claiming she was unlawfully denied coverage for facial feminization surgery, just weeks after a Pennsylvania federal judge refused to let the insurer out of the case.
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August 19, 2024
9th Circ. Partially Revives State Farm Car Value Class Action
A split Ninth Circuit panel partially revived a class action accusing State Farm of undervaluing policyholders' totaled vehicles when paying out claims, saying Monday that a Washington federal court abused its discretion in decertifying one of two classes based on a previous Ninth Circuit ruling.
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August 19, 2024
Canadian Insurer Secures Arbitration In Auto Accident Dispute
A Canadian man must arbitrate his dispute with a Canadian state-owned insurer over an underinsured motorist claim, a Hawaii federal judge ruled, finding that the man failed to prove that arbitration was precluded from being held in British Columbia.
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August 19, 2024
4th Circ. Cuts Liberty Loose In Medicare Reimbursement Row
A North Carolina widow can't revive a proposed class action accusing Liberty Mutual of failing to reimburse Medicare for her deceased husband's medical costs, the Fourth Circuit said Monday, finding she wasn't injured and therefore lacked standing to sue.
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August 19, 2024
Gould & Ratner Rehires Construction Atty For Chicago Office
Gould & Ratner LLP rehired Ellen M. Chapelle, who previously worked there as a partner on the construction team, for another stint as a construction partner and a new role as the chair of the insurance counseling and recovery team, the firm announced.
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August 19, 2024
UnitedHealthcare Says Humana Can't Access Its Records
UnitedHealthcare has asked the Texas high court to review a decision requiring it to turn over Medicare plan documents for the state's teachers to a competing insurer, arguing that recent updates to the Public Information Act were too broadly interpreted by a lower appellate court.
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August 19, 2024
Free Speech Group Says NY Official Must Face NRA's Suit
A former New York state official isn't immune from the National Rifle Association's suit claiming she violated the group's rights by pressuring financial institutions to cut ties with it, a free speech group told the Second Circuit on Monday, citing a recent U.S. Supreme Court decision in the dispute.
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August 19, 2024
Insurer Blames Panda Express Grease For $176K Water Leak
An insurer demanded Chinese fast food chain Panda Express Inc. repay it more than $176,000 for damages allegedly caused when the restaurant's grease-filled pipes backed up, leaking water into a clothing store covered by the insurer, in a case the eatery moved to Washington federal court.
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August 19, 2024
A&O Shearman Hires Ex-Morgan Stanley Exec In New York
A former executive director at Morgan Stanley has returned to private practice at Allen Overy Shearman Sterling in New York.
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August 19, 2024
Biotech Consultant Sues Ex-Partner To Force $2.5M Share Buy
Life sciences consulting firm BioPoint is asking a Massachusetts judge to order a former partner to sell back $2.5 million worth of shares in the closely held company following his ouster, according to a lawsuit filed in state court.
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August 16, 2024
Humana To Pay $90M To End 8-Year Medicare Drug FCA Battle
Humana Inc. has agreed to pay the federal government $90 million to settle long-running False Claims Act allegations it submitted fraudulent bids for Medicare prescription drug deals, Phillips & Cohen LLP said Friday in announcing the "first case of its kind" to resolve allegations of fraud in the Medicare Part D contracting process.
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August 16, 2024
Stay Lifted On $110M Coal Co. Suit As Arbitration Drags On
A Missouri federal judge has grudgingly lifted a pause on litigation between several insurance companies and a St. Louis coal producer after its mines sustained more than $115 million in fire damage, saying it can pursue claims against domestic insurers separately from insurers seeking arbitration.
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August 16, 2024
Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated
Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.
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August 16, 2024
Ga. BCBS Fights Hospital Remand Bid In Reimbursement Suit
A Georgia Blue Cross Blue Shield unit is fighting a California hospital's push to have a lawsuit seeking $905,000 in reimbursements sent back to a Georgia state court, arguing the hospital's state law claims are preempted by the federal Employee Retirement Income Security Act.
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August 16, 2024
Farmers Insurance Hits Former Agents With Trade Secrets Suit
Farmers Insurance on Friday filed a lawsuit in Colorado federal court accusing two of its former agents of walking away from the company with trade secrets to divert customers to their own agency with a third former Farmers agent.
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August 16, 2024
Insurer Seeks Early Win In Faulty Home Construction Dispute
A construction company's insurer echoed its stance that its insured is not owed coverage for an underlying faulty workmanship lawsuit, telling a Georgia federal court that the defects alleged do not equate to property damage outside the contractor's own work, thus falling outside the policy's scope of coverage.
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August 16, 2024
Kentucky Couple Sue Progressive Over Coal Mine Subsidence
A couple told a Kentucky federal court that Progressive denied coverage for coal mine subsidence damage to their home in bad faith, saying the insurer did so despite having access to records showing that the state authorized a $1.8 million project to help fix that very subsidence.
Expert Analysis
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Opinion
DOL's Impending Mental Health Act Regs Should Be Simplified
The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Ore. Insurance Litigation Is Testing The Bounds After Moody
Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.