Insurance

  • April 01, 2024

    Insurer Defends Gas Station Cleanup Exclusion To 11th Circ.

    An insurer has asked the Eleventh Circuit to reject a Florida gas station owner's bid to make it pay for contamination caused by a leaking underground fuel tank, telling the appeals court the station's policy doesn't cover an incident discovered well before the policy went into effect.

  • April 01, 2024

    Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight

    Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.

  • March 29, 2024

    Home Depot Asks High Court To Block $2.67B BCBS Deal

    Home Depot has asked the U.S. Supreme Court to take up its challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, saying the deal immunizes activity that hurts competition.

  • March 29, 2024

    Blackbaud Defeats 7 Insurers' Claims For Data Breach Costs

    Complaints by seven insurers seeking reimbursement for $2.1 million in expenses paid to insureds following a ransomware attack on software company Blackbaud Inc. were torn apart by a Delaware state judge, who called the insurers' allegations "conclusory," tossing the two cases.

  • March 29, 2024

    9th Circ. Critical Of Treasure Hunter's Insurance Appeal

    A Ninth Circuit panel expressed doubt Friday that a treasure hunter could get an insurer to pay him a $7.5 million settlement over a soured shipwreck salvaging expedition, suggesting his ex-partners' refusal to hand over vital maps was an intentional act to keep him from striking gold — not an accident covered by insurance.

  • March 29, 2024

    Liberty Units Lose $13.3M Motel Murder Coverage Bid

    CNA and Chubb units have no duty to reimburse two Liberty Mutual units for a $13.3 million judgment stemming from a motel murder, an Ohio federal court ruled, saying no bad faith claim was asserted against the Liberty Mutual units triggering their errors and omissions policies.

  • March 29, 2024

    2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit

    An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.

  • March 29, 2024

    10th Circ. Says Insurance Payout Deal In Jet Sale Is Invalid

    An aircraft seller does not owe a purchaser $500,000 in insurance proceeds intended to cover repairs to the aircraft's permanent engines and the installation of temporary engines, the Tenth Circuit affirmed, saying an agreement to pay the proceeds was invalid because of a mutual mistake of fact.

  • March 29, 2024

    Epiq Says Chubb Owes Costs In Clergy Abuse Data Leak Case

    Epiq Corporate Restructuring LLC has sued Chubb-affiliated insurers in Connecticut federal court seeking to be reimbursed for $2.5 million in settlement costs and roughly $1.8 million for its defense of litigation over Epiq's disclosure of sex abuse survivors' names in a Chapter 11 case.

  • March 29, 2024

    Sweeping Class Certified In Nationwide Pension Plan Suit

    More than 50,000 participants in a Nationwide pension plan can proceed as a class with claims that the company unlawfully transferred assets from the plan to a company subsidiary, as an Ohio federal judge ruled that questions about Nationwide's conduct outweigh differences among participants.

  • March 29, 2024

    5 Appellate Arguments Benefits Attys Should Watch In April

    A defense contractor will square off with the government over pension obligations, workers at an auto parts retailer and Georgetown University staffers will look to revive suits claiming their retirement savings were mismanaged, and a ban on gender-affirming care for minors will get an en banc review. Here are five argument sessions that should be on benefits attorneys' radar in April.

  • March 28, 2024

    Judge Grants Request To Halt Camden Diocese Ch. 11 Plan

    A New Jersey bankruptcy judge agreed Thursday to freeze the implementation of the Roman Catholic Diocese's Chapter 11 plan, saying he does not want any action of the diocese to try and moot an appeal by insurance carriers.

  • March 28, 2024

    Foxwoods Tribal Owner Loses $76M COVID Insurance Appeal

    The Mashantucket Pequot Tribal Nation, which owns and operates the Foxwoods Resort Casino in Connecticut, did not meet a key burden when suing its insurer for more than $76 million in losses tied to the COVID-19 pandemic, the state's intermediate-level appeals court ruled Thursday in declining to revive the litigation.

  • March 28, 2024

    Fruit Grower Cleared To Leave Ch. 11 With $43M Exit Loan

    California stone fruit producer Prima Wawona is set to wind down its packing and distribution division, hand ownership of the reorganized company to creditors and leave bankruptcy after a Delaware bankruptcy judge agreed to approve its Chapter 11 plan Thursday.

  • March 28, 2024

    Wash. Appeals Court Asked To Mull COVID Coverage Question

    A Washington state court has halted litigation over the University of Washington's bid for COVID-19 business interruption coverage from a Liberty Mutual unit, asking a state appeals court to first determine whether the presence of COVID-19 satisfies UW's policies' direct physical loss or damage requirement and if a contamination exclusion applies.

  • March 28, 2024

    Mercedes, Insurer Don't Owe Reimbursement For Vehicle Fire

    Mercedes-Benz's North American research arm and its insurer don't owe reimbursement to a commercial real estate operator's insurer for $1 million in damages stemming from a vehicle fire at a testing facility, a Michigan federal judge ruled, finding that Mercedes' insurer issued commercial general liability coverage, not property protection insurance.

  • March 28, 2024

    Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires

    An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.

  • March 28, 2024

    Feds Finalize Restraints On Short-Term Health Insurance

    President Joe Biden's administration finalized regulations Thursday that shrink the window for short-term, limited-duration health insurance from three years to no more than four months, but it backed off more sweeping changes from its July proposal that would have affected fixed indemnity insurance.

  • March 28, 2024

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

    This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.

  • March 27, 2024

    5th Circ. Reissues Arb. Decision In Hurricane Damage Case

    The Fifth Circuit has reissued its opinion allowing a group of domestic insurers to force arbitration of a dispute over coverage for hurricane damage under an international arbitration clause after the insurers argued that the unanimous decision applied circuit precedent in a new context.

  • March 27, 2024

    Malpractice Suit Against Texas Magnate's Atty Revived

    A Texas appeals court has revived claims that a longtime family attorney violated his duty as trustee to their fortune by using his position to enrich himself and undercut the heir to a Lone Star State business empire.

  • March 27, 2024

    NC Commissioner Says Insurance Mogul's Argument 'Mistaken'

    The North Carolina insurance commissioner asked the state's Supreme Court on Tuesday to allow him to give his take on a group of insurers' lawsuit against embattled mogul Greg Lindberg that alleges he pilfered the insurance companies as owner, saying if the court lets him submit an amicus brief he'll explain how Lindberg's main argument is "mistaken."

  • March 27, 2024

    Farm Data Co. Wants To Bar Carlton Fields Atty From IP Suit

    Lawyers for an agricultural industry data software outfit want a Carlton Fields lawyer banned from participating in a patent dispute with a rival startup because of her in-house involvement at the rival and work on an older trade secrets suit involving the same technology.

  • March 27, 2024

    6th Circ. Backs Allstate In Worker's Religious Bias Appeal

    The Sixth Circuit declined Wednesday to reinstate a former Allstate employee's lawsuit alleging he was fired for expressing faith-based anti-LGBTQ views, saying he failed to rebut the company's argument that he was cut loose for his lackluster performance.

  • March 27, 2024

    Justices Grapple With Complex $3M Estate Tax Dispute

    The U.S. Supreme Court confronted a complicated dispute Wednesday over whether the estate of a deceased building supply company owner should be taxed on $3 million in life insurance proceeds the company used to buy his shares after his death, with two justices seeming to take opposing sides.

Expert Analysis

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • Protections May Exist For Cos. Affected By Red Sea Attacks

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    Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

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