Insurance

  • September 03, 2024

    Landlord's Insurer Says Other Carrier Must Cover Death Suit

    The insurer of a New Jersey restaurant must provide additional insured coverage to the restaurant's landlord in an underlying wrongful death suit, a Travelers unit told a federal court, saying Travelers shouldn't be the one to foot the bill for the landlord's defense costs.

  • September 03, 2024

    Ex-Worker Says Car Parts Co. Hit Smokers With Illegal Fee

    A former employee of a car parts manufacturer sued the company in Illinois federal court, claiming it violated federal benefits law by saddling tobacco users with a $100 monthly fee in its health plan without making clear they could dodge the charge by enrolling in a tobacco cessation program.

  • August 30, 2024

    Connecticut Judge Wants More Info In Doctors' Billing Row

    A Connecticut federal judge on Friday declined to immediately dismiss a medical staffing company's lawsuit against Harvard Pilgrim Health Care of Connecticut Inc. after the state's highest court answered three certified questions in the insurer's favor, asking for briefs after the insurer countered with a demand for a judgment.

  • August 30, 2024

    HHS Wins Escape From Low-Income Hospital Payment Fight

    A D.C. federal judge on Friday agreed to toss a lawsuit brought by a group of hospitals against the U.S. Department of Health and Human Services challenging its Medicare payment determinations for low-income patients, finding the hospitals didn't exhaust their administrative remedies. 

  • August 30, 2024

    5th Circ. Rejects SEC Whistleblower Award Calculation Appeal

    The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.

  • August 30, 2024

    Convicted NC Insurance Mogul Puts Off 2nd Criminal Trial

    A North Carolina federal judge has pushed back convicted insurance mogul Greg Lindberg's latest criminal trial on charges he lied to state insurance regulators and defrauded policyholders, setting a new trial date for the November term.

  • August 30, 2024

    NC Justices Scrap Mogul's Bid To Block Financial Overseer

    The North Carolina Supreme Court blocked a bid by convicted insurance mogul Greg Lindberg to stave off a takeover of his finances as part of a legal battle with an insurer seeking to collect a $524 million arbitration award.

  • August 30, 2024

    Door-Maker Demands $10M In Excess Insurance At 4th Circ.

    A door manufacturer pressed the Fourth Circuit to force an insurer to hand over $10 million in excess coverage in connection with a $39.5 million shareholder settlement over alleged lies to investors, arguing Friday that the matter was unrelated to other litigation and counts as a separate claim.

  • August 30, 2024

    3 Atty Takeaways On What's Ahead As ERISA Turns 50

    As the Employee Retirement Income Security Act turns 50 years old this Labor Day, attorneys reflecting on five decades of development of the federal employee benefits law see a complex path ahead for both litigation and policy. Here are three key takeaways from top attorneys on what’s next for ERISA on its golden anniversary.

  • August 30, 2024

    Condo Board Coverage Suit Over Maui Wildfire Gets Tossed

    A Hawaii federal judge tossed an insurer's suit seeking to avoid representing a condo association and property manager after owners sent a letter blaming the association for illegally having insufficient insurance before the 2023 Maui wildfires decimated Lahaina, concluding matters were best left to Hawaii state court.

  • August 30, 2024

    Insurers Say Honda, Dealership Owe $1M For Auto Fire

    Insurers for a homeowners association and two residents told a New York federal court that Honda and a local dealership must foot the bill for a 2021 vehicle fire that caused property damage and "additional expenses" totaling over $1 million.

  • August 30, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.

  • August 29, 2024

    Pa. Justices To Examine Axing Of 'Red Book' Drug Pricing

    The Supreme Court of Pennsylvania has agreed to review a decision tossing the "Red Book" pricing values used by the state's Bureau of Workers' Compensation to calculate reimbursement for prescription drug costs.

  • August 29, 2024

    Insurer's $20M Tribal Loan Claim Goes To Fed. Claims Court

    An Ohio federal judge has transferred a challenge to Interior Secretary Deb Haaland over the agency's cancellation of a $20 million tribal loan guarantee to Federal Claims Court, arguing this week that the sole alternative of an outright dismissal would be detrimental to the interests of justice and judicial economy.

  • August 29, 2024

    Insurer Won't Let Brokerage Platform 'Eat Cake' In TM Suit

    A Colorado workers' compensation insurance company, Cake Insure Inc., Thursday accused a brokerage platform called Eat Cake Inc. of infringing on its trademarked name, saying the web platform can't touch the delectable monicker.

  • August 29, 2024

    Panel Tosses Insurer Dispute Over Drowning Death Coverage

    It's too early to determine whether Farmers Insurance Exchange and Cincinnati Insurance Co. must both provide excess coverage to a property manager facing potential liability for a drowning, a Texas state appeals court ruled Thursday, finding the court lacks subject matter jurisdiction.

  • August 29, 2024

    Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud​​​​​​​

    An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.

  • August 29, 2024

    Conn. ER Docs Ask To Drop Harvard Pilgrim Insurance Fight

    A staffing company covering six Connecticut emergency rooms has asked a federal judge to dismiss its lawsuit against Harvard Pilgrim Health Care of Connecticut Inc. after the state's highest court last week ruled in the insurer's favor on three certified questions of law regarding a surprise billing statute.

  • August 29, 2024

    Data Breach Victims Get Initial Green Light For $1.5M Deal

    A proposed class of policyholders, employees and stakeholders has received an initial nod of approval from a federal judge in North Carolina on its $1.5 million settlement with a construction industry insurer over a 2022 data breach.

  • August 29, 2024

    Agency Says Homeowner's Appeal Question Is Too Late

    An insurance agency pushed North Carolina's Supreme Court to toss a homeowner's appeal on whether the court erred by having heightened pleadings standards for punitive damages against corporations, arguing the deadline for debating the issue had passed.

  • August 28, 2024

    SEC To Embattled NC Insurance Exec: Show Us The Money

    The U.S. Securities and Exchange Commission is seeking to force a convicted insurance mogul at the center of an alleged $57 million fraud to tell it what happened to the money he's accused of stealing from the insurance companies he ran, arguing in a North Carolina federal court that his answers thus far don't add up and that he shouldn't be allowed to rely on them at his upcoming trial.

  • August 28, 2024

    Suit Against BCBS Unit Over COVID-19 Test Claims Tossed

    A Florida federal judge on Wednesday nixed a laboratory's lawsuit accusing a Blue Cross Blue Shield unit of violating state and federal laws by underpaying or refusing to pay COVID-19 testing claims during the pandemic.

  • August 28, 2024

    11th Circ. Trans Health Redo May Spark Supreme Court Fight

    The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.

  • August 28, 2024

    Insurer Blasts Ralph Lauren's Appeal For COVID-19 Coverage

    Factory Mutual Insurance Co. urged the Third Circuit on Wednesday to reject Ralph Lauren Corp.'s bid to recoup up to $700 million in COVID-19 pandemic losses, blasting the fashion house's "conclusory allegations" that it was entitled to coverage.

  • August 28, 2024

    Insurer Avoids Covering $1.9M Conn. Securities Judgment

    A Liberty Mutual unit has no duty to cover an approximately $1.9 million stipulated judgment a couple won after alleging that certain officials of a company Liberty insured defrauded them into investing, a Connecticut state court ruled, finding that covering the judgment would violate state public policy.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

  • Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'

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    The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • A Legal Playbook For Stadium Construction Agreements

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    As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.

  • How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence

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    The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Protested CFPB Supervisory Order Reveals Process, Priorities

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    The Consumer Financial Protection Bureau’s order announcing its first use of special oversight power to place installment lender World Acceptance Corp. under supervision despite resistance from the company provides valuable insight into which products and practices may draw bureau scrutiny, and illuminates important nuances of the risk assessment procedures, say Josh Kotin and Michelle Rogers at Cooley.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Rebuttal

    High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

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