Insurance

  • August 22, 2024

    Insurer, Atty Drop Case Linked To Bogus Check Scheme

    An insurance firm has agreed to drop its claim seeking a declaration from a Washington federal court that it is not on the hook to cover a Seattle-area solo practitioner over an alleged counterfeit check scheme, after the bank and attorney settled their underlying dispute.

  • August 21, 2024

    2nd Circ. Partly Revives Life Insurance Suit Against AXA

    The Second Circuit on Wednesday affirmed the dismissal of an investment firm founder's claims alleging AXA Equitable Life Insurance Co. caused the founder to miss a payment that led to the termination of his life insurance policies, but revived his claim that AXA wrongly denied his request to reinstate the policies.

  • August 21, 2024

    Fla. Co. To Pay $5M To End CFPB's Illegal Foreclosure Claims

    Florida-based mortgage servicer Fay Servicing agreed Wednesday to pay a total of $5 million and its founder and CEO Edward Fay faces potential pay restrictions to resolve the Consumer Financial Protection Bureau's claims the company violated a prior 2017 agreement and multiple federal laws that protect borrowers against illegal foreclosure practices.

  • August 21, 2024

    No Coverage For CVS In Additional Opioid Actions

    A Delaware state court ruled that CVS cannot get coverage for over 200 opioid-related actions that remained at issue after the pharmacy chain and its insurers agreed that thousands of other opioid suits aren't covered, finding the remaining suits asserted claims for economic harm, not bodily injury or property damage.

  • August 21, 2024

    9th Circ. Upholds Toss Of Suit Over Car Insurer's Data Breach

    The Ninth Circuit on Wednesday refused to revive a proposed class action accusing auto insurance provider Noblr Reciprocal Exchange of failing to safeguard driver's license numbers exposed in a 2021 data breach, finding that the plaintiffs had failed to credibly allege that their data had actually been stolen. 

  • August 21, 2024

    NJ Man Fighting Lloyd's Arbitration Bid After False Arrest

    A New Jersey man who received a $5 million settlement from the city of Trenton after being falsely arrested and imprisoned for 212 days has urged a federal court not to force him to arbitrate a subsequent dispute with Lloyd's of London underwriters over payment of the judgment.

  • August 21, 2024

    Insurers Escape Calif. Starbucks Drive-Thru Easement Row

    A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.

  • August 21, 2024

    Chancery Orders Genworth Suit Funding, Fee Terms Released

    Attorneys for Genworth Life Insurance Co. long-term policyholders who sued the company in Delaware's Court of Chancery over the sale of valuable subsidiaries lost a battle on Wednesday to bar the disclosure of litigation funding and fee agreements.

  • August 21, 2024

    NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight

    The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.

  • August 21, 2024

    9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate

    The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.

  • August 21, 2024

    Travelers Settles With Pa. Firm Over Stealing $1M From Client

    A Pennsylvania federal judge dismissed an insurance coverage dispute Wednesday, in light of a settlement between Travelers Insurance and a closed Pennsylvania law firm whose principal attorney was disbarred after he pled guilty to stealing almost $1 million from clients.

  • August 21, 2024

    La. Plaintiffs Ask 5th Circ. To Revive BP Spill Malpractice Deal

    Louisiana residents who sued their attorneys, alleging they botched damage claims tied to the 2010 BP Deepwater Horizon oil spill, have asked the Fifth Circuit to reconsider a panel's ruling that overturned enforcement of a global settlement.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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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