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Insurance
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 21, 2024
Georgia State Farm Office, Ex-Worker Settle Overtime Suit
A State Farm franchise reached a settlement with a former insurance agent producer, putting to rest claims the company misclassified him as an overtime-exempt salaried worker, failing to pay him overtime wages in violation of the Fair Labor Standards Act.
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May 20, 2024
Travelers Owed Tech Co. Defense In TM Row, 8th Circ. Says
Travelers had a duty to defend a computer retailer in an underlying trademark infringement action filed by Cisco Systems, the Eighth Circuit affirmed Monday, saying it cannot conclude that coverage is barred by the policy's related-acts provision.
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May 20, 2024
10th Circ. Oral Args. Poised To Shape NM Pollution Coverage
The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.
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May 20, 2024
8th Circ. Upholds Deere's Win In Insurer's Tractor Fire Suit
Deere & Co. has no duty to reimburse Secura Insurance Co. for coverage payments after two of its insured's tractors caught fire in separate incidents, the Eighth Circuit ruled Monday, noting the distinction between a design and manufacturing defect.
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May 20, 2024
3 Insurance Execs Can't Hit Pause On Asset Theft Claims
Three former Sherbrooke Corporate Ltd. executives accused of stealing assets when they left to form their own venture lost a bid to halt the company's lawsuit, after a North Carolina federal judge doubted that their efforts to toss the case would succeed.
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May 20, 2024
7-Eleven Says Insurer Must Cover Wrongful Death Suit
The insurer of a Houston 7-Eleven lessee facing negligence claims after one person was fatally shot and another was injured on its property must also cover 7-Eleven corporate in the litigation, the convenience store giant said, though conceding the lessee store's policy didn't specifically include 7-Eleven as an additional insured.
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May 20, 2024
Auto Accessory Co. Secures Partial Coverage For BIPA Row
An insurer must defend an automotive accessory company in a proposed class action alleging violations of Illinois' Biometric Information Privacy Act, the Seventh Circuit ruled, finding that unlike the company's primary and excess commercial general liability policies, an umbrella policy "lacks an exclusion pertaining to nonpublic information."
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May 20, 2024
Patients Urge 9th Circ. To Deny UBH Petition In Claim Fight
Patients alleging United Behavioral Health mismanaged their mental health and substance use disorder treatment claims urged the Ninth Circuit not to grant the insurance company's petition for appellate court intervention in the consolidated action, arguing the effort was inappropriate and unjustified.
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May 20, 2024
Atty Wants In On Ch. 11 Pause In Fraud Suit Against Law Firm
A Houston attorney being sued for alleged misconduct in soliciting hurricane victims has asked a federal court to include him in a bankruptcy-triggered pause in the proceedings against his law firm, arguing that any judgment against him would effectively be against the law firm.
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May 20, 2024
Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal
Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.
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May 20, 2024
Settlement Ends Insurer's Stormwater Coverage Suit
An H.W. Kaufman Group insurer settled a lawsuit seeking a declaration that it owed no coverage to a home construction company or its owner in an underlying suit accusing the company of performing defective work that led to pooling stormwater, according to a notice filed in Georgia federal court.
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May 17, 2024
Insurer Escapes Claim In SimulTV's Tower Work Deal Suit
Development & Managers Group can't go after the insurer of a company that accused it of taking a down payment on the purchase of three DMG-owned television stations and then looking for other potential buyers, a Louisiana federal court has ruled.
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May 17, 2024
Colo. Precedent Barred Insurer's Crash Liability Challenge
A Colorado state appeals court affirmed a lower court's finding that a Progressive unit couldn't contest liability in its policyholder's car crash case involving an uninsured driver, saying the lower court correctly applied binding Colorado Supreme Court precedent.
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May 17, 2024
BCBS Says 'Clear' Contract Ends Ex-NBA Player's Suit
Blue Cross and Blue Shield of North Carolina pressed a state district court to throw out a lawsuit brought by retired NBA star Rodney Rogers that alleges in-home nursing was suddenly denied, arguing the "clear language" of his benefits doesn't provide for long-term, in-home nursing.
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May 17, 2024
Frontier Attacks Ex-CEO's $17M Life Insurance Tax Refund Bid
Pointing to a 2004 arbitration agreement and criticizing its ex-CEO's compensation, Frontier Communications has asked a Connecticut state court judge to hang up on a call by Leonard Tow to litigate a $17 million demand for reimbursements on life insurance policies.
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May 17, 2024
Furniture Co. Says Insurer Wrongly Denied Hacking Coverage
A Pittsburgh furniture company accused its insurer of bad faith and breach of contract for failing to cover more than $530,000 in losses due to monthslong hacking that began in 2021.
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May 17, 2024
Insurance Cos. Jointly Drop Policy Language Copyright Suit
An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.
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May 17, 2024
$5M Candy Recall Coverage Dispute Moved To Texas Court
An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."
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May 17, 2024
5th Circ. Won't Rethink SXSW Ticket Coverage Ruling
The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 17, 2024
Many Plans Already In Front Of 11th Circ. Trans Health Ruling
The Eleventh Circuit's recent decision that a county health plan's coverage exclusion for gender transition surgery violated federal anti-discrimination law likely won't have a big impact on plans because they have already made adjustments for the U.S. Supreme Court ruling the appeals court applied, experts say.
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May 16, 2024
Convicted Insurance Mogul Says He'll Trim Empire
Convicted insurance mogul Greg Lindberg told the North Carolina Supreme Court he's relinquishing control of portions of his enterprise to fulfill a deal to restructure them with independent oversight, according to court filings.
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May 16, 2024
Ointment Scheme Conned Gov't Out Of Millions, Fla. Suit Says
Two Florida brothers and one of their former employees are accused of running a years-long fraudulent scheme billing government healthcare programs and receiving millions of dollars after paying kickbacks to generate prescriptions for ointments that were not needed, according to a False Claims Act lawsuit.
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May 16, 2024
Burger King Franchisee Seeks BIPA Coverage Quick Win
A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.
Expert Analysis
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Why Courts Are Nixing Insurer Defense Recoupment Claims
Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Del. Insurance Co. Liquidation Reveals Recovery Strategies
Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.
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Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick
A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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AI Brings New Insurance Concerns For Healthcare Providers
As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.