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Insurance
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July 05, 2024
Real Estate Co. Hits Security Deposit Insurer With $5M Suit
A Texas property management company is suing its insurer for allegedly withholding claim payments partly meant to cover unpaid rent, saying the carrier improperly conditioned the payments on the property manager starting eviction proceedings.
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July 05, 2024
Judge Rips High-Rise's 'Remarkable' $8.5M Coverage Pursuit
An Illinois federal judge smacked down an $8.5 million coverage bid from the former owners of Chicago's historic Pittsfield building after finding they "boldly and repeatedly" misrepresented the extent of repair costs, instead ordering them to repay Travelers.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Goldberg Segalla Hires Insurance Partner In NY
Goldberg Segalla LLP has hired a senior associate at Cullen and Dykman LLP as a partner in its global insurance services practice group out of White Plains, New York.
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July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
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July 05, 2024
4 Benefits Policy Moves To Watch In 2024's 2nd Half
The U.S. Department of Labor and other agencies are expected to issue a final rule implementing a mental health parity-in-coverage statute, and DOL regulations expanding who qualifies as a fiduciary under federal benefits law are set to take effect in the fall. Here are four policy developments benefits attorneys are watching out for in the second half of 2024.
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July 03, 2024
Ind. Panel OKs Coverage For Taiwanese Chemical Co. Owners
An Indiana appeals court ruled that a Taiwanese company's owners were additional insureds and that an insurer could not stack various policies' deductibles and retentions to reduce the coverage it owed for defense costs of a chemical exposure class action.
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July 03, 2024
Red States Get ACA Trans Discrimination Rule Blocked
Federal judges in Mississippi and Texas granted conservatives states' requests Wednesday to freeze a new rule protecting access to healthcare for the LGBTQ+ community, with both judges ruling that states are likely to succeed in showing that the U.S. Department of Health and Human Services overstepped when it created the regulations.
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July 03, 2024
California Tribe Sues Over 'Princeology' RICO Scheme
A California tribe is suing its former council chairwoman and two members of her nonprofit's board of directors, alleging they devised a scheme to funnel hundreds of thousands of dollars in legal fees and insurance costs to cover her Prince memorabilia collection and continue to "squat" on its property to block its sale.
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July 03, 2024
Geico To Pay Policyholders $2M To Settle Underpayment Suit
Geico policyholders asked a New Jersey federal judge for preliminary approval of a $1.9 million settlement resolving claims the insurer breached their policies by failing to pay title or registration transfer fees upon the total loss of an insured vehicle.
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July 03, 2024
Hartford Unit Says Software Co. Not Covered For BIPA Claims
A Hartford unit told an Illinois federal court that a software company isn't owed coverage for two underlying class actions alleging that its software was used by two different restaurant chains to collect customers' biometric information, arguing that the alleged Biometric Information Privacy Act violations aren't covered under its policies.
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July 03, 2024
Morgan Lewis Benefit Plan Exits Atty's ERISA Suit
An attorney at Morgan Lewis & Bockius LLP agreed to drop claims against her employee benefit plan in an Employee Retirement Income Security Act suit in Pennsylvania federal court alleging her long-term disability benefits were abruptly terminated after applying criteria irrelevant to her work.
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July 03, 2024
Markel Drops Suit Over Law Firm's Malpractice Coverage
A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit
The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.
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July 02, 2024
Travelers Says No Coverage For Energy Co.'s Enviro Dispute
A Travelers unit said it has no coverage obligations to an energy company in a now-settled Louisiana state court suit over environmental damage, telling a Texas federal court that the company's failure to notify the insurer of the suit for more than eight years violated the policies.
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July 02, 2024
Calif. School District Says Chubb Must Cover Sex Abuse Suits
The Los Angeles Unified School District, the second-largest school district in the country, accused several Chubb units of wrongfully denying coverage for 61 underlying sexual abuse claims, telling a state court that the underlying allegations create at least a potential for coverage under its policies.
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July 02, 2024
DOL Sends Final Rule On Mental Health Parity To White House
The U.S. Department of Labor transmitted a final rule to the White House for review designed to boost employer health plans' compliance with a law requiring equal coverage of mental health and substance use disorder treatments compared to physical care, according to a regulatory filing posted online.
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July 02, 2024
Blank Rome Taps California Insurance Recovery Pros
Two lawyers from Northern California insurance specialty boutique Weinstein & Numbers LLP, including one of the firm's founders who represented the Catholic Archdiocese of San Francisco and other dioceses, are joining Blank Rome.
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July 02, 2024
Progressive, NY Drivers Set $48M Deal To End Car Value Fight
A class of drivers has asked a New York federal court to tentatively sign off on a $48 million settlement with Progressive insurers over allegations that the carriers undervalued and underpaid policyholders' claims for totaled vehicles, saying the agreement is an "excellent result" for the classes.
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July 01, 2024
W.Va. Homeowner's Depreciation Suit Survives Dismissal
A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.
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July 01, 2024
Gas Co. Not Covered For Pollution MDL, NY Court Rules
A petroleum company is not owed coverage for an underlying multidistrict litigation over remediation for groundwater contamination that the suit alleges was caused by a gasoline additive, a New York state appeals court said, holding that pollution exclusions in multiple of its policies applied to the contamination.
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July 01, 2024
House Republicans Call For ACA Enrollment Probe
Three House Republican committee chairs are asking government watchdogs to investigate Affordable Care Act enrollments after a third-party report alleged a significant number of Americans are fraudulently accessing low-income healthcare subsidies.
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July 01, 2024
Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets
A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.
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July 01, 2024
Delta Dental Wants Antitrust Claims Standard Decided Now
Delta Dental has asked an Illinois federal judge to decide now — prior to ruling on a class certification bid — on the standard of review applicable in a case launched by service providers alleging the dental insurance system and its members are violating antitrust law through a $13 billion scheme to restrict competition.
Expert Analysis
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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4 Steps To Navigating Employee Dementia With Care
A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.
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Ore. Insurance Ruling Opens Door To Extracontractual Claims
The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Key Tool For Calif. Policyholders With Nonadmitted Insurers
As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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Legal Issues Loom For Driverless Trucking
Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.