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Insurance
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April 24, 2025
Margolis Edelstein Accused Of Botching Malpractice Coverage
Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.
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April 24, 2025
Pest Co.'s Ex-Employee Not Covered In Child Assault Suit
An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the employee nor his insulation company is insured under any available insurance policy.
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April 24, 2025
Insurance Adjuster's PAGA Suit Too Late, Calif. Panel Affirms
A former insurance adjuster for an insurance claims management company was late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
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April 24, 2025
SEC Annuity Fraud Case Ends In Mixed Verdict
A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.
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April 24, 2025
Insurance Cos. Need Not Cover Medical Cannabis In NM
A New Mexico federal judge has thrown out a medical cannabis seller's suit against three insurers over coverage of medical cannabis, finding that New Mexico law doesn't mandate coverage, and even if it did, it would be preempted by federal law.
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April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage
A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Texas Court Skeptical Of 'Death Star' Standing Argument
A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.
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April 23, 2025
Ex-Exec Says Centene Harassed Him Over Void Noncompete
A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.
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April 23, 2025
Xcel Says Holding Co. Doesn't Belong In Colo. Wildfire Case
Xcel Energy Inc. told a Colorado state court it shouldn't be named as a defendant in consolidated litigation seeking to hold it and two subsidiaries liable for a 2021 wildfire, arguing that the plaintiffs couldn't show that the court retains personal jurisdiction over it.
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April 23, 2025
9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row
A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating pollution claims brought by the city, arguing they improperly relied on a depublished decision.
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April 23, 2025
Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle
A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.
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April 23, 2025
Insurer Says No Coverage For $7.8M Tornado Damage Suit
The insurer for a construction inspection company claimed it owed no coverage for a suit alleging the company overlooked deficiencies that contributed to a $7.8 million tornado loss, telling a New Jersey federal court the policyholder had no coverage for professional services gone wrong.
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April 23, 2025
No Coverage For Shopping Mall In Shooting Suit, Insurer Says
Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Insurer Says No Coverage For $668K Housing Funds Dispute
An insurer says it owes no coverage to a low-income housing nonprofit in an underlying dispute involving a Washington county that seeks to claw back nearly $668,000 that was allegedly paid out to ineligible recipients.
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April 22, 2025
Hartford, Policyholders Agree To End Damage Payment Row
Two Hartford units and their policyholders reached a settlement in a proposed class action claiming the insurers underpaid property losses by improperly withholding labor costs as depreciation when calculating the actual cash value of claims, the parties told a Connecticut federal court.
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April 22, 2025
Insurer Skirts Bad Faith Claim In $60M Liposuction Death Row
The professional liability insurer for a Georgia cosmetic surgery provider didn't act in bad faith in handling a liposuction patient death claim that eventually led to a $60 million judgment, a Utah federal court ruled, rejecting arguments that the insurer breached its duties.
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April 22, 2025
NJ AG Pushes To Revive RICO Case Against Power Broker
New Jersey urged a state appellate court to revive its sprawling racketeering indictment against Garden State power broker George E. Norcross III, politically connected attorneys and others, arguing that the trial court undertook a review that doesn't exist in criminal practice.
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April 22, 2025
Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage
An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriation exclusion included in the firm's policy.
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April 22, 2025
Insurer Gets $16M Coverage Suit Stayed For NY Court Appeal
A New York federal court paused an insurer's dispute over coverage for a $16 million default judgment entered against its insureds in a wrongful death suit due to an ongoing appeal concerning the vacatur of that judgment.
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April 21, 2025
Calif. Judges Who Lost Homes Sue LA Over Palisades Fire
A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.
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April 21, 2025
Toyota Accused Of Illegally Selling Driver Data To Progressive
Toyota has for years been using tracking devices to collect drivers' driving habits and other personal information and selling the driver data to third parties like auto insurer Progressive without consent, a putative class action filed Monday in Texas federal court alleges.
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April 21, 2025
Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule
Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.
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April 21, 2025
Exclusion Bars Coverage For Trade Secrets Suit, Insurer Says
An engineering firm's directors and officers insurer told a Nebraska federal court Monday it should owe no coverage for a settled lawsuit that accused the firm of conspiring to poach a rail contractor's employees and clients, citing an exclusion relating to the misappropriation of trade secrets.
Expert Analysis
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Opinion
Asbestos Trusts' Records Purge Threatens Claims Process
Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.