Insurance

  • August 30, 2024

    3 Atty Takeaways On What's Ahead As ERISA Turns 50

    As the Employee Retirement Income Security Act turns 50 years old this Labor Day, attorneys reflecting on five decades of development of the federal employee benefits law see a complex path ahead for both litigation and policy. Here are three key takeaways from top attorneys on what’s next for ERISA on its golden anniversary.

  • August 30, 2024

    Condo Board Coverage Suit Over Maui Wildfire Gets Tossed

    A Hawaii federal judge tossed an insurer's suit seeking to avoid representing a condo association and property manager after owners sent a letter blaming the association for illegally having insufficient insurance before the 2023 Maui wildfires decimated Lahaina, concluding matters were best left to Hawaii state court.

  • August 30, 2024

    Insurers Say Honda, Dealership Owe $1M For Auto Fire

    Insurers for a homeowners association and two residents told a New York federal court that Honda and a local dealership must foot the bill for a 2021 vehicle fire that caused property damage and "additional expenses" totaling over $1 million.

  • August 30, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.

  • August 29, 2024

    Pa. Justices To Examine Axing Of 'Red Book' Drug Pricing

    The Supreme Court of Pennsylvania has agreed to review a decision tossing the "Red Book" pricing values used by the state's Bureau of Workers' Compensation to calculate reimbursement for prescription drug costs.

  • August 29, 2024

    Insurer's $20M Tribal Loan Claim Goes To Fed. Claims Court

    An Ohio federal judge has transferred a challenge to Interior Secretary Deb Haaland over the agency's cancellation of a $20 million tribal loan guarantee to Federal Claims Court, arguing this week that the sole alternative of an outright dismissal would be detrimental to the interests of justice and judicial economy.

  • August 29, 2024

    Insurer Won't Let Brokerage Platform 'Eat Cake' In TM Suit

    A Colorado workers' compensation insurance company, Cake Insure Inc., Thursday accused a brokerage platform called Eat Cake Inc. of infringing on its trademarked name, saying the web platform can't touch the delectable monicker.

  • August 29, 2024

    Panel Tosses Insurer Dispute Over Drowning Death Coverage

    It's too early to determine whether Farmers Insurance Exchange and Cincinnati Insurance Co. must both provide excess coverage to a property manager facing potential liability for a drowning, a Texas state appeals court ruled Thursday, finding the court lacks subject matter jurisdiction.

  • August 29, 2024

    Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud​​​​​​​

    An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.

  • August 29, 2024

    Conn. ER Docs Ask To Drop Harvard Pilgrim Insurance Fight

    A staffing company covering six Connecticut emergency rooms has asked a federal judge to dismiss its lawsuit against Harvard Pilgrim Health Care of Connecticut Inc. after the state's highest court last week ruled in the insurer's favor on three certified questions of law regarding a surprise billing statute.

  • August 29, 2024

    Data Breach Victims Get Initial Green Light For $1.5M Deal

    A proposed class of policyholders, employees and stakeholders has received an initial nod of approval from a federal judge in North Carolina on its $1.5 million settlement with a construction industry insurer over a 2022 data breach.

  • August 29, 2024

    Agency Says Homeowner's Appeal Question Is Too Late

    An insurance agency pushed North Carolina's Supreme Court to toss a homeowner's appeal on whether the court erred by having heightened pleadings standards for punitive damages against corporations, arguing the deadline for debating the issue had passed.

  • August 28, 2024

    SEC To Embattled NC Insurance Exec: Show Us The Money

    The U.S. Securities and Exchange Commission is seeking to force a convicted insurance mogul at the center of an alleged $57 million fraud to tell it what happened to the money he's accused of stealing from the insurance companies he ran, arguing in a North Carolina federal court that his answers thus far don't add up and that he shouldn't be allowed to rely on them at his upcoming trial.

  • August 28, 2024

    Suit Against BCBS Unit Over COVID-19 Test Claims Tossed

    A Florida federal judge on Wednesday nixed a laboratory's lawsuit accusing a Blue Cross Blue Shield unit of violating state and federal laws by underpaying or refusing to pay COVID-19 testing claims during the pandemic.

  • August 28, 2024

    11th Circ. Trans Health Redo May Spark Supreme Court Fight

    The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.

  • August 28, 2024

    Insurer Blasts Ralph Lauren's Appeal For COVID-19 Coverage

    Factory Mutual Insurance Co. urged the Third Circuit on Wednesday to reject Ralph Lauren Corp.'s bid to recoup up to $700 million in COVID-19 pandemic losses, blasting the fashion house's "conclusory allegations" that it was entitled to coverage.

  • August 28, 2024

    Insurer Avoids Covering $1.9M Conn. Securities Judgment

    A Liberty Mutual unit has no duty to cover an approximately $1.9 million stipulated judgment a couple won after alleging that certain officials of a company Liberty insured defrauded them into investing, a Connecticut state court ruled, finding that covering the judgment would violate state public policy.

  • August 28, 2024

    BofA Hit With Suit Alleging 'Exploitative' Trust Insurance Costs

    A trust beneficiary accused Bank of America in Georgia federal court of charging a trust it manages "unnecessarily expensive" insurance coverage for a residential property, arguing the bank breached its duties both as a trustee and a fiduciary.

  • August 28, 2024

    Lloyd's Says $5M NJ Settlement Fight Must Be Arbitrated

    Lloyd's of London underwriters have told a New Jersey federal court that a man who was falsely imprisoned must arbitrate his dispute over the payment of a $5 million settlement from the city of Trenton, saying a provision in the city's policy requires arbitration.

  • August 28, 2024

    Power Services Co. Denied Early Win In Injury Coverage Suit

    A power services company failed to show it's owed coverage for a suit by a man who was injured while working at a power station, a Rhode Island federal court ruled, finding a genuine issue of material fact concerning who is at fault for the injuries.

  • August 27, 2024

    Insurer Off The Hook For $1.8M Praying Coach Settlement

    A Washington state school district's insurer doesn't have to cover a nearly $1.8 million legal fee settlement the district reached with a high school football coach whom the U.S. Supreme Court found was wrongly suspended for praying on the 50-yard line after games, a state appeals court ruled.

  • August 27, 2024

    Clark Hill Adds Atty In NYC From Schoeman Updike

    Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.

  • August 27, 2024

    No Coverage For Tire Co.'s Unpaid Invoices, Judge Rules

    A tire manufacturer cannot get insurance coverage for millions in unpaid invoices it is owed, a Florida federal court has ruled, finding that the manufacturer made a material misrepresentation in its insurance application concerning the creditworthiness of one of its largest customers.

  • August 27, 2024

    Tobacco Co-Op's $10M Insurance Suit Headed To Mediation

    Tobacco grower cooperative U.S. Tobacco Cooperative Inc. will go into mediation with Axis Specialty Insurance Co. as part of a lawsuit brought by the grower alleging the insurer has refused to pay $10 million in excess coverage.

  • August 27, 2024

    New Cigna CLO Vows To Help Co. Navigate 'Dynamic' Industry

    Cigna has promoted one of its in-house lawyers, who has spent her in-house and private practice career in the healthcare space, to chief legal officer, according to a LinkedIn post.

Expert Analysis

  • How Associates Can Build A Professional Image

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    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.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    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.

  • Think Like A Lawyer: Always Be Closing

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    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.

  • Reps And Warranties Insurance Considerations As M&A Slows

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    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.

  • 8th Circ. Insurance Ruling Spotlights Related-Claims Defenses

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    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • Unpacking NY's Revised Hospital Cybersecurity Rule Proposal

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • The Uncertain Scope Of The First Financial Fair Access Laws

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    With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

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