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Insurance
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November 27, 2024
Dad Can Sue Over Atty Sons' Alleged Fraud In Death Deal
A Florida appeals court reinstated Wednesday a suit seeking to change terms of a trust agreement regarding a multimillion-dollar wrongful-death settlement amid claims that a Miami attorney and his Morgan & Morgan attorney brother defrauded their father of his rightful share, holding that a fraud claim warrants a second look.
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November 27, 2024
Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually
An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.
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November 27, 2024
6th Circ. Revives Fired State Farm Worker's Retaliation Suit
The Sixth Circuit reinstated a suit by a Black former State Farm employee claiming her firing resulted from complaining that the company discriminated against nonwhite customers and failed to address racism, saying Wednesday she cast enough doubt on the employer's position that she was canned for mishandling emails.
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November 27, 2024
Virgin Islands Mall, Lloyd's End $6M Spat Over July 4 Fire
The owner of a historic marketplace in the U.S. Virgin Islands, which accused certain underwriters at Lloyd's of London of denying more than $6 million in claims after an Independence Day fire, agreed to drop all claims against the underwriter, according to a notice Monday.
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November 27, 2024
Co. Seeks $4.4M In Bad Faith Damages Over Developer Row
A collections company that was assigned insurance rights as part of settled, underlying litigation concerning a real estate development in Washington state told a federal court it's entitled to over $4.4 million in bad faith damages against an insurer, arguing the carrier prioritized its own interests ahead of its insured.
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November 27, 2024
Insurer To Pay Conn. City $1M For Stolen COVID Funds
The insurer for the city of West Haven, Connecticut, will pay more than $1 million to offset losses caused by the theft of federal COVID-19 relief funds by a former state representative and city employee, according to a press release.
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November 27, 2024
Attys, Insurance Broker Seek Appeal In $22M Tax Scheme
Two attorneys and an insurance agent plan to appeal to the Fourth Circuit their convictions in a criminal case that accused them of participating in a $22 million tax avoidance scheme, according to Wednesday filings in North Carolina federal court.
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November 27, 2024
No Coverage For Drywall Co. In Murder Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a drywall company accused of negligently hiring a man who murdered a house cleaner in a home he was working on in Galveston County, telling a Texas federal court that several policy exclusions preclude coverage.
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November 27, 2024
3 Argument Sessions Benefits Attys Should Watch In Dec.
The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.
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November 26, 2024
3M Says $6B Settlement Docs Needed In AIG Europe Fight
3M is urging a Florida federal court to release information relating to its recently inked $6 billion deal ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which is tasked with determining whether insurer AIG Europe Ltd. is wrongly refusing to pay its share of the historic pact.
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November 26, 2024
Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict
A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 26, 2024
Susman Godfrey Riding 'Coattails' In $147.5M Deal, Court Told
Susman Godfrey LLP should be denied fees for representing objectors to a $147.5 million global settlement of a life insurance proposed class action in Connecticut, class counsel has argued, saying the firm sought to "impede" rather than secure the deal and only rode class counsel's "coattails."
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November 26, 2024
New Orleans Property Owner Revives Bid To Nix Arbitration
A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.
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November 26, 2024
CGL Carrier Seeks $1.2M In Inter-Insurer Injury Dispute
A general liability insurer told a Michigan federal court that a professional liability insurer owes $1.2 million toward a $1.5 million settlement reached in an underlying lawsuit involving their mutual insured, a cardiovascular practice located in a Detroit hospital, arguing that the professional liability policy covered the claim.
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November 26, 2024
7th Circ. Says Insurer Must Defend $3.4M Faulty Work Row
An architectural design firm's commercial general liability insurer must defend it and its owner against faulty work claims seeking more than $3.4 million in damages, the Seventh Circuit ruled, after the Illinois Supreme Court overturned prior appellate precedent siding with insurers in such disputes.
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November 26, 2024
Chemical Co. Demands Defense Coverage In PFAS Foam MDL
Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.
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November 26, 2024
Progressive's $61M 'Total Loss' Deal Gets Approved
Two Progressive subsidiaries will pay up to $61 million to resolve allegations that car insurance policyholders in Michigan should have been compensated for sales tax and title and registration fees as part of Progressive's payment of claims for totaled vehicles.
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November 25, 2024
Geico, Travelers To Pay NY $11.3M To Settle Data Security Row
New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.
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November 25, 2024
9th Circ. Won't Reverse Amber Heard's Loss In Coverage Suit
The Ninth Circuit upheld an insurer's favorable ruling Monday in its legal dispute with actress Amber Heard, affirming that she had no right to independent counsel paid for by New York Marine and General Insurance Co. in a defamation suit by her ex-husband, Johnny Depp.
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November 25, 2024
Missouri Gender-Affirming Care Ban Upheld As Constitutional
A Missouri state judge rejected a legal challenge to the state's ban on providing gender-affirming care to minors and adults, finding Monday the court should defer to the Legislature given that challengers hadn't proven the restrictions violated the U.S. Constitution.
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November 25, 2024
Construction Co. Seeks Coverage For $1.9M Email Spoof
A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
Bad Faith Case Isn't Apt For Garnishment, Mich. Justices Told
The Insurance Alliance of Michigan urged the Michigan Supreme Court to reverse an appeals court decision allowing an injured man to litigate bad faith claims against the at-fault party's insurer in garnishment proceedings, arguing the appellate decision allows him to circumvent pleading standards for a conventional civil action.
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November 25, 2024
Final Buzzer Sounds On NBA Fraud Case With Doc's Sentence
A Manhattan federal judge hit a Seattle-area doctor with five years in prison Monday for joining with the ringleader of the NBA's $5 million health billing fraud ring to submit fake invoices, the final sentencing in the sprawling case.
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November 25, 2024
9th Circ. Upholds Nixing Convention Center's Coverage Suit
The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.
Expert Analysis
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Series
Playing Diplomacy Makes Us Better Lawyers
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.
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Climate Among Many Factors Driving Up RE Insurance Costs
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.
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Mental Health First Aid: A Brief Primer For Attorneys
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.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
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.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
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.
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Series
Collecting Art Makes Me A Better Lawyer
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.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
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.
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Insurance Likely Kept Swift Out Of The Woods After Vienna
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.
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Litigation Inspiration: Honoring Your Learned Profession
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.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
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.
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Class Actions At The Circuit Courts: September Lessons
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.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
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.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
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.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
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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Considering Possible PR Risks Of Certain Legal Tactics
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.