Insurance

  • May 06, 2024

    Party Co.'s Trackless Train Claims Not Covered, Judge Says

    An underwriter doesn't owe coverage to a Las Vegas-based party rental business for claims stemming from an overturned trackless train at a birthday party, a Nevada federal court has ruled, saying the company failed to maintain its business license at the time of the accident as required by the policy.

  • May 06, 2024

    Margolis Edelstein Wants Redo Of Malpractice Ruling In Del.

    Margolis Edelstein wants the Delaware Supreme Court to reconsider its decision reviving an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million, and is asking the full court to rehear the matter.

  • May 06, 2024

    Meet The Attys For NC Insurance Mogul Facing Bribery Retrial

    Nearly two years after the Fourth Circuit exonerated Greg E. Lindberg on bribery and wire fraud charges, a team of Katten Muchin Rosenman LLP partners with prosecution experience has joined forces with prominent white collar defense lawyer James F. Wyatt lll in hopes of staving off a second conviction for the embattled insurance tycoon.

  • May 06, 2024

    AIG Unit Will Arbitrate $20M Botched Tunnel Project Claims

    An AIG unit agreed to go to arbitration with a Michigan county's water resources agency and sewage disposal system over their claims they incurred more than $20 million in damages due to a design contractor's faulty work on a tunnel project.

  • May 06, 2024

    Cheese Supplier, Chubb Unit Settle Salad Recall Coverage Suit

    A New York federal court tossed a cheese supplier's suit seeking coverage from a Chubb unit for costs associated with the recall of tainted salad kits sold to Sam's Club, saying the parties have settled all claims.

  • May 03, 2024

    Boeing Can't Avoid Pre-Conception Toxic Birth Defect Claims

    A Washington state judge said Friday that the child of two Boeing factory workers can sue the aerospace giant for negligence based on harm he allegedly suffered before he was conceived, allowing him to accuse the company of failing to warn his parents about toxic chemicals they were exposed to on the job.

  • May 03, 2024

    Freddie Mac, Insurer Settle $32M SEC Probe Coverage Dispute

    Government-backed lender Freddie Mac told a Washington, D.C., federal court Friday that it has settled with an insurer in a $32 million coverage suit stemming from civil actions and federal probes around its collapse during the 2008 global financial crisis.

  • May 03, 2024

    Mich. Justices Reject Agency's 'Secret' Meeting Settlement

    The Michigan Supreme Court said Friday that a county road commission's settlement with three of its insurers over a coverage dispute was not binding because the commission — a public body — never voted to approve it in a public meeting.

  • May 03, 2024

    How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

    Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal. 

  • May 03, 2024

    Colo. Justices' Med Mal Cap Ruling A Win For Patients

    The Colorado Supreme Court's recent decision prohibiting trial courts from considering an injured patient's insurance liabilities before imposing the state's $1 million medical malpractice damages cap was the right call, experts say, and prevents an unfair windfall for negligent health care providers.

  • May 03, 2024

    Berkshire Hathaway Countersuit Tossed From Contractor Spat

    A California federal judge tossed Berkshire Hathaway's counterclaims in a $17 million coverage dispute with a fiber optic network developer over an unfinished project, ruling that the insurer failed to meet heightened standards after claiming the developer conspired to prevent the contractor from performing its work.

  • May 03, 2024

    Aetna To Pay $2M To End LGBTQ Fertility Coverage Suit

    A group of Aetna policyholders said Friday that the insurance giant has agreed to pay $2 million and revise certain health insurance guidelines to settle a proposed class action alleging its definition of infertility made it difficult and expensive for LGBTQ couples to obtain coverage for fertility treatments.

  • May 03, 2024

    Lewis Brisbois Adds 2 Insurance Coverage Pros In The South

    Lewis Brisbois Bisgaard & Smith LLP has hired a pair of attorneys from a boutique insurance coverage firm as partners for its insurance coverage and bad faith litigation practices for its office in Jackson, Mississippi, the firm said Friday.

  • May 03, 2024

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

    The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.

  • May 02, 2024

    Latham, Skadden Grab Spotlight As Large IPOs Surge In April

    Latham & Watkins LLP guided five initial public offerings in April, while Skadden Arps Slate Meagher & Flom LLP advised the company bringing to market the largest IPO of 2024, concluding the busiest month for new listings year to date.

  • May 02, 2024

    Allstate Secures Win In Untimely Ga. Storm Damage Dispute

    The Georgia Court of Appeals upheld a trial court's grant of a directed verdict in favor of Allstate in a dispute brought by two homeowners who claimed the insurer owed over $430,000 after it failed to cover all sums they believed were owed for storm damage.

  • May 02, 2024

    USAA Wrongly Denied Fire Damage Claim, Wash. Couple Says

    A Washington couple accused their homeowners insurer of unreasonably denying their fire damage claim despite their timely response to all of the insurer's claim inquiries and requests, further accusing the insurer of violating Washington's Consumer Protection Act and Insurance Fair Conduct Act.

  • May 02, 2024

    DOL Hit With First Lawsuit Over New Investment Advice Regs

    The U.S. Department of Labor was hit with a lawsuit Thursday in Texas federal court seeking to invalidate recently finalized regulations that broaden who qualifies as a fiduciary under the Employee Retirement Income Security Act, marking the first-filed legal challenge since the agency's late-April final release.

  • May 02, 2024

    Calif. Hospitals Say BCBS Unit Left Them With $3.8M Bill

    A pair of California health systems say that Pittsburgh-based Highmark Blue Cross Blue Shield isn't honoring its obligations to pay them under a national Blue Cross insurance program, leaving their hospitals holding the bag for up to $3.8 million worth of treatment, according to two lawsuits filed in Pennsylvania state court.

  • May 02, 2024

    Lloyd's Unit Gets Oil Well Repair Co.'s $4.5M Claim Tossed

    A Texas federal court tossed an oil well repair company's claim seeking over $4.5 million in additional insured coverage for costs incurred from controlling a blown-out well, finding that the company doesn't have standing to bring an independent claim against the well owner's carrier.

  • May 02, 2024

    5th Circ. Asks If Facts Matter In Construction Defect Row

    A Fifth Circuit panel weighed the importance of facts versus the law in a dispute over whether an insurer must indemnify a construction company for a $1.3 million arbitration award for construction defects in a Texas farming cooperative's grain silos.

  • May 02, 2024

    Chiropractor Gets 6 Mos. For Defrauding NBA With 'Big Baby'

    A Manhattan federal judge sentenced an Atlanta chiropractor Thursday to six months in prison for going along with former Boston Celtics forward Glen "Big Baby" Davis' fraudulent plan to bill the NBA for $112,000 of services that were never performed.

  • May 01, 2024

    Sens. Slam UnitedHealth's Security Lapses, Breach Response

    UnitedHealth's top executive faced heavy criticism during his first appearance before a U.S. Senate committee since a cyberattack rocked its Change Healthcare subsidiary, with lawmakers blasting the company for lacking basic security measures and for still not being able to confirm the scale and scope of the incident.

  • May 01, 2024

    Pa. Justices Asked To Determine If Workers' Comp Covers CBD

    An attorney representing himself — and, in a way, suing himself — will get an opportunity to convince the Pennsylvania Supreme Court that CBD oil and other nonprescription medicine should be covered by workers' compensation, according to a Tuesday order from the justices.

  • May 01, 2024

    Eateries Note 'Fatal' Concession By Insurer In NC COVID Row

    Cincinnati Insurance Co. made a "fatal" concession when it argued that "physical loss" merely requires "some sort of dispossession," a group of 16 restaurants told the North Carolina Supreme Court, urging it to reinstate their COVID-19 coverage win that got reversed on appeal. 

Expert Analysis

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

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    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Lessons For D&O Policyholders From Pharma Co. Ruling

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    A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone. 

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • A Rare Look At Judicial Interpretation Of LEG Exclusions

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    A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

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