Insurance

  • April 03, 2024

    Colo. Judge Unpersuaded By Insurer's 3rd Dismissal Bid

    A Colorado federal judge recommended keeping alive an insurer's lawsuit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer over a recalled product, calling a third dismissal bid a "wasted effort."

  • April 03, 2024

    5th Circ. Remands Roof Tile Row To Texas District Court

    State Farm and a couple must further litigate whether there's coverage for hailstorm-related roof repairs under a policy provision covering costs to keep their home up to code, the Fifth Circuit ruled, finding a genuine factual dispute over whether replacement roof tiles interlock with original ones.

  • April 03, 2024

    Insurer Wants $38M For Covering Unfinished Road Jobs

    An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.

  • April 03, 2024

    Insurer Says Rail Co. Must Pay In $400K Spoiled Chicken Suit

    Over $400,000 worth of frozen chicken thighs rotted on the move to Oregon, and an insurer who covered the putrid loss told a South Carolina federal court that the rail company responsible should pay for the screw-up.

  • April 03, 2024

    Insurer, DC Teams' Owner End Virus Coverage Dispute

    The owner of Washington, D.C., professional basketball and hockey teams and its insurer agreed to end their COVID-19 coverage dispute after the owner appealed the dismissal of its coverage claims to the D.C. Circuit.

  • April 03, 2024

    Mayo Clinic Stuck Workers With Hefty Medical Bills, Suit Says

    A medical claims administrator steered Mayo Clinic health plan participants toward out-of-network healthcare providers and then forced them to foot the bulk of the bill, a proposed class action filed in Minnesota federal court said.

  • April 03, 2024

    Auto Insurer Seeks Payback After $2M Car Crash Settlement

    A business insurer of a man who crashed a rental car into a motorcyclist while working in Los Angeles should pay something in connection with a $2 million settlement with the injured biker, an auto insurer told a California federal court, seeking to recoup its expenses.

  • April 03, 2024

    OpenText Belongs In Merger Suit Coverage Row, Insurer Says

    OpenText belongs in a dispute over coverage for a class action alleging Covisint's shareholders got a bad deal when it merged with OpenText in 2017, Covisint's insurer told a Michigan federal judge, arguing OpenText has a vested interest because it may have indemnification obligations if no coverage exists.

  • April 03, 2024

    Blue Owl Buying Kuvare Asset Management For Up To $1B

    Alternative asset manager Blue Owl Capital Inc., advised by Kirkland & Ellis LLP, on Wednesday unveiled plans to buy Sidley Austin LLP-led Kuvare Asset Management for up to $1 billion in a cash-and-stock transaction.

  • April 02, 2024

    9th Circ. To Hear Ex-Theranos Execs' Criminal Appeals In June

    The Ninth Circuit has set oral arguments in former Theranos CEO Elizabeth Holmes' high-stakes appeal of her criminal securities fraud conviction and 11-year prison sentence for June 11 — the same day the panel is scheduled to hear arguments in convicted ex-Theranos executive Ramesh "Sunny" Balwani's appeal.

  • April 02, 2024

    Chubb Asks Panel To Revive Archdiocese Abuse Coverage Suit

    Counsel for Chubb urged a New York state appeals court at a hearing Tuesday to undo a trial court decision finding it owed insurance coverage to the Archdiocese of New York for myriad childhood sexual abuse claims against the church.

  • April 02, 2024

    Utility Cos. Must Face Uri MDL Gross Negligence Claims

    Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.

  • April 02, 2024

    ZeniMax Escapes Trans Ex-Worker's Coverage Denial Suit

    A Maryland federal judge granted video game developer ZeniMax's bid to toss a transgender ex-employee's suit claiming the business didn't uphold promises it would continue her health coverage after she left the company because of harassment, saying she didn't show that federal benefits laws were violated.

  • April 02, 2024

    USPTO Targeted In Brothers' Patent Litigation Campaign

    Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.

  • April 02, 2024

    Del. Justices Agree To Review Ex-Xerox Unit Coverage Row

    The Delaware Supreme Court agreed Tuesday to review a lower court's decision to set aside a jury verdict finding that an ex-Xerox unit tried to defraud its insurers into providing coverage for a portion of a $236 million Medicaid fraud-related settlement with Texas.

  • April 02, 2024

    NM Medical Cannabis Insurance Row To Stay In Federal Court

    The federal court is the proper place for a proposed class action seeking to make Blue Cross and Blue Shield and other insurers cover medical cannabis, a New Mexico federal judge has ruled, rejecting objections by patients who said the state's high court will eventually need to get involved.

  • April 02, 2024

    Feds Seek Use Of 'Intertwined' Evidence In NC Tax Fraud Trial

    Federal prosecutors have asked a North Carolina district court to permit tangential evidence in a tax fraud trial, saying that the evidence is "inextricably intertwined with the charged conduct" of two St. Louis attorneys and a North Carolina insurance agent.

  • April 02, 2024

    Ex-Trustees Urge Ga. High Court To Take On Legal Fee Spat

    Former trustees of a furniture tycoon's trust have asked the Georgia Supreme Court to rule that the trust has a duty to defend them against claims from the trust beneficiaries, arguing that this "appeal has implications for every indemnitee/insured" in the state.

  • April 02, 2024

    La. Property Owners, Insurers To Arbitrate Hurricane Claims

    A Hurricane Ida damage coverage dispute between seven New Orleans-area property owners and their insurers will be stayed pending arbitration, a Louisiana federal judge ruled, agreeing with the insurers that the policy's arbitration agreement is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

  • April 01, 2024

    Trump Posts $175M Bond, Pausing $465M Fraud Judgment

    Donald Trump on Monday posted a $175 million bond, ducking, for now, enforcement of a nearly $465 million civil fraud judgment against him and his businesses in the New York attorney general's case accusing them of defrauding banks and insurers.

  • April 01, 2024

    Insurance Mogul's Cos. Want $161M Arbitration Case Tossed

    Two companies associated with Greg Lindberg are looking to nix litigation filed by defunct Dutch life insurer Conservatrix to enforce an arbitral award that could force the embattled insurance mogul to fork over about $161 million, arguing that the award orders only provisional relief and is not enforceable.

  • April 01, 2024

    Milliman Lost 401(k) Funds On Unproven Strategy, Judge Told

    Milliman's risky investments cost its employees' retirement plan more than $50 million and were part of a failed "experiment" to benefit its own bottom line, a class of employees told a Washington federal judge on Monday, kicking off a bench trial seeking to recover their losses.

  • April 01, 2024

    AIG Unit Can't Toss Conn. Utility's $3M Defense Cost Bid

    An AIG unit can't escape the Connecticut Municipal Electric Energy Cooperative's third-party suit seeking to recoup $3 million in legal expenses, a Connecticut federal court ruled, saying the cooperative has standing to pursue coverage on behalf of its former CEO who was convicted of stealing public funds.

  • April 01, 2024

    Ford Can Keep Pursuing Narrowed BCBS Antitrust Suit

    A Michigan federal judge has trimmed some of Ford Motor Co.'s time-barred claims alleging Blue Cross Blue Shield engaged in an anti-competitive scheme to drive up prices, but said the auto giant established it had standing to pursue allegations it was injured by market-restricting agreements among insurance licensees.

  • April 01, 2024

    Allstate Liable For Contractors' Illegal Marketing Calls

    An Illinois federal judge found that Allstate violated the Telephone Consumer Protection Act when its telemarketing subcontractor made phone calls to a man whose number was on Allstate's internal do-not-call list.

Expert Analysis

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Ore. Insurance Ruling Opens Door To Extracontractual Claims

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    The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Key Tool For Calif. Policyholders With Nonadmitted Insurers

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    As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • What R&W Insurance Access Means For Small-Cap M&A

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    As a slowdown in mergers and acquisitions has increased insurer appetite for underwriting small-cap transactions, buyers of small and midsize enterprises stand to benefit from easier access to representations and warranties insurance, which can add protection and reassurance for all parties involved in a deal, say Caroline Thee and Ewelina Mikocewicz at Taft Stettinius.

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