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Insurance
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Voters Pass Medicaid Tax In Calif., Support IVF Coverage In Ill.
A tax on managed care organizations in California and an Illinois advisory question supporting access to in vitro fertilization won voter approval Tuesday as state-level ballot measures were set to shape healthcare policy across the country, according to unofficial election returns.
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November 05, 2024
Susman Godfrey Opposes Fee Bid In $147.5M Insurance Deal
Susman Godfrey LLP lawyers have objected to three firms' requests for $36.9 million in attorney fees in a life insurance class action, saying they spent millions pressing similar New York and Pennsylvania claims being swept into an allegedly undervalued $147.5 million global settlement in Connecticut.
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November 05, 2024
Insurer Says No Coverage For Doctor Sex Assault Claims
An insurer covering an Ohio doctor who was indicted for over 50 counts of sexual misconduct and a private practice he worked at told an Ohio federal court that their policies must be rescinded because of multiple misrepresentations in policy renewals.
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November 05, 2024
Father, Daughter Attys Ask To Avoid Prison For Tax Scheme
Father and daughter attorneys convicted of participating in a multimillion-dollar tax avoidance scheme asked a North Carolina federal court to spare them prison sentences, with the daughter saying her father should have protected her and the father highlighting his mental illness.
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November 05, 2024
9th Circ. Says State Farm Needn't Cover Sex Assault Claims
A State Farm unit doesn't owe coverage to a man accused of sexual assault, the Ninth Circuit held Tuesday, affirming that the man engaged in deliberate and intentional conduct and thus there was no occurrence, or accident, for the purpose of triggering coverage.
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November 05, 2024
UBH Strikes Deal To End Mental Health Coverage Class Action
United Behavioral Health told a New York federal court Tuesday it needs more time to finalize an agreement that would resolve a class action alleging the insurance company denied coverage for mental health treatments it deemed "experimental" while paying for unproven remedies in other medical settings.
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November 05, 2024
Bright Health Beats Investor Suit Over COVID-19 Costs
The health insurer previously known as Bright Health Group Inc. no longer faces a proposed investor class action after a Brooklyn federal judge found that the company's initial public offering risk disclosures hadn't deliberately misled investors about its anticipated costs amid the COVID-19 pandemic.
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November 05, 2024
Management Co. Says Insurer Can't Duck HOA Fire Coverage
A property management company has taken an Auto-Owners Insurance unit to North Carolina federal court for allegedly trying to pull back defense and indemnity coverage it had already been providing in an underlying lawsuit brought by a homeowners' association over a 2021 fire, arguing that it's too late for the insurer to back out.
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November 05, 2024
Insurer Can't Avoid Paying $122K LSU Frat Hazing Award
The Fifth Circuit refused to let an Allstate unit off the hook for coverage of a $122,000 judgment entered in favor of the parents of a former Louisiana State University student who died during a fraternity hazing incident.
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November 05, 2024
MVP: Covington's Gretchen Hoff Varner
Gretchen Hoff Varner of Covington & Burling LLP secured a $70 million judgment in favor of Brooklyn Union Gas Co., now owned by National Grid, establishing coverage for decades of environmental contamination along New York's Gowanus Canal, earning her a spot as a 2024 Law360 Insurance MVP.
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November 05, 2024
Dems Push Insurance Regulators To Tackle Hurricane Fraud
Three Democrats on the U.S. House Committee on Oversight and Accountability, including ranking member Rep. Jamie Raskin, sent letters to insurance regulators in the states hit by hurricanes Helene and Milton urging them to do more to prevent fraud and dishonesty from insurers looking to avoid covering damages.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Cigna Scores $7.3M Verdict Against Fla. Drug Testing Labs
A Connecticut federal jury on Monday handed Cigna Health and Life Insurance Co. a victory against three Florida boutique drug testing laboratories, finding the labs unjustly billed nearly $7.3 million for tests on substance abuse patients that the insurer declared medically unnecessary.
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November 04, 2024
Yale Gets 2nd Circ. Win In COVID Test Reimbursement Row
A Connecticut medical practice can't sue Yale University under federal legislation enacted during the COVID-19 pandemic to recover the $1.1 million it said it incurred while providing COVID testing to university health plan members, the Second Circuit ruled Monday, finding no private cause of action existed.
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November 04, 2024
9th Circ. Revives Developer's Fire Loss Coverage Suit
The Ninth Circuit revived a company's claim for lost business income after its laundromat development project was destroyed in a fire, saying Monday in an unpublished opinion that the developer's claim is not unduly speculative.
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November 04, 2024
Judge Says She'll Likely Send Talc Ch. 11 Plan Out For Vote
A Delaware bankruptcy judge said Monday she will likely give a pair of talc producers permission to send their Chapter 11 plans out for a creditor vote, saying she was satisfied with the changes made since last week.
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November 04, 2024
La. City Seeks To Ax Arbitration Order In Storm Coverage Suit
A New Orleans suburb urged a Louisiana federal court to vacate its order forcing the city to arbitrate its claims against a group of domestic insurers over Hurricane Ida damage in light of a recent Louisiana Supreme Court decision nixing arbitration as an option.
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November 04, 2024
Insurer Says Only Sublimit Available In Sex Misconduct Suits
A commercial general liability insurer for a Nashville-based gym told a Tennessee federal court that only a $100,000 "each abuse" sublimit in an abuse endorsement is available for four civil lawsuits stemming from a personal trainer's sexual misconduct.
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November 04, 2024
Justices Remand Atty Privilege Case After Judge Admits Gaffe
The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.
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November 04, 2024
MVP: Simpson Thacher's Andrew T. Frankel
Andrew Frankel, the head of Simpson Thacher & Bartlett LLP's insurance and reinsurance practice, has represented insurers in complex coverage disputes over mass tort litigation, including a PFAS case, talc injury claims against Johnson & Johnson and thorny receivership issues in South Carolina asbestos litigation, earning him a spot among the 2024 Law360 Insurance MVPs.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Elevance Says Flawed Medicare Rating System Cost It $375M
Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.
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November 01, 2024
FEMA Finalizes Rule Allowing Monthly NFIP Bill Payments
National Flood Insurance Program policyholders will be able to pay their premiums on a monthly basis starting next year, under a rule finalized Friday that is meant to incentivize greater and continued participation in the nation's largest provider of flood insurance.
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November 01, 2024
Gallery Owner Ends Virus Coverage Fight After Calif. Ruling
A California gallery owner has ended its COVID-19 property insurance dispute with a Hartford unit in the wake of a California Supreme Court ruling in August finding that a virus exclusion in a restaurant's policy, issued by the same unit, did not render coverage illusory.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What DOL Fiduciary Rule Means For Private Fund Managers
Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Reps And Warranties Insurance Considerations As M&A Slows
The first six months of the year have seen increasingly favorable rates and policy terms for the representations and warranties insurance market, and policy purchasers are right to pay close attention to pricing, coverage, exclusions, structures and claims as the M&A market cools, say attorneys at Cooley.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Unpacking NY's Revised Hospital Cybersecurity Rule Proposal
The New York State Department of Health's recently revised hospital cybersecurity rule proposal highlights increased expectations and scrutiny around cybersecurity in the healthcare sector, while adapting to both recent industry developments and public comments, say Christine Moundas and Gideon Zvi Palte at Ropes & Gray.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.