Insurance

  • February 08, 2024

    Mass Shooting Survivor Loses $17M Judgment On Appeal

    A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.

  • February 08, 2024

    Insurance Orgs. Say Bill Would Prevent CFPB Overreach

    Bipartisan legislation seeking to clarify the powers of the Consumer Financial Protection Bureau has drawn support from insurance regulators and industry trade groups who say the bureau has encroached upon state-based insurance regulation despite clear statutory limitations.

  • February 08, 2024

    Broker Hit With Suit Over Data Breach Affecting 1.5 Million

    A California insurance broker is facing a proposed class action filed Thursday in federal court accusing the company of failing to keep the health and personal information of more than 1.5 million customers safe from exposure in an August cyberattack.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    NYC Jet Skier's Death Suit Not Covered, Insurer Says

    A jet ski tour company's row with the estate of a customer who died while on a tour does not qualify for defense or indemnity coverage, the company's insurer argued to a New York federal court, asserting that the company's alleged errors and omissions preclude coverage under its policy.

  • February 08, 2024

    Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says

    Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.

  • February 08, 2024

    Insurer Improperly Settled Shooting Claims, Court Told

    A Seattle-based housing provider said its primary insurer improperly tendered policy limits to settle two underlying claims alleging the provider was liable for deadly shootings near its apartment buildings in Georgia, telling a Washington state court that its insurer's actions have diluted its coverage for other claims.

  • February 08, 2024

    Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say

    Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.

  • February 08, 2024

    NY Judge Scolds Trump Attys For Response To Perjury Query

    The New York state judge overseeing Donald Trump's civil fraud trial on Thursday chastised defense attorneys for their "misleading" response to his demands for information about reports of possible perjury by defendant and key trial witness Allen Weisselberg.

  • February 07, 2024

    Insurer Ducks Some Coverage Of Dredge Tank Defect Suit

    A Wisconsin federal judge Wednesday ruled partially in favor of an insurer seeking a declaration that it needn't cover a metal fabricator's defense in an underlying arbitration over allegedly defective dredge tanks.

  • February 07, 2024

    'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says

    An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.

  • February 07, 2024

    Trump Trial Judge Gets Little Info On Exec's Alleged Perjury

    An attorney for Donald Trump and his companies' former chief financial officer Allen Weisselberg told the New York state judge presiding over their civil fraud trial Wednesday that she could not respond to "unsubstantiated" reports that the ex-CFO was in plea negotiations for allegedly lying on the stand, citing her ethical obligations.

  • February 07, 2024

    No Defense Owed For $500K Defects Dispute, Insurer Says

    A GBLI Global Indemnity unit does not owe coverage to a general contractor and subcontractor in connection with a Clearwater, Florida-area couple's bid for more than $500,000 in damages for construction defects, the insurer has told a Florida federal court.

  • February 07, 2024

    La. Pizzeria, State Farm Settle Hurricane Damages Suit

    State Farm and a Louisiana pizzeria reached an agreement in their dispute over allegations that the insurer was artificially suppressing the cost of repairs and over-depreciating losses on claims connected to damage from Hurricanes Laura and Delta, the two parties told a Louisiana federal court.

  • February 07, 2024

    Repair-Shop Slip Triggers Auto Coverage, Mich. Justices Say

    A woman who fell into a service pit during an oil change is entitled to personal injury protection benefits under Michigan's auto insurance law, the state's Supreme Court ruled Wednesday, finding the accident was sufficiently related to car maintenance.

  • February 07, 2024

    No Coverage For Apt. Complex In Negligence Row, Court Told

    The owner and managers of a Kansas City, Missouri-area apartment complex can't get coverage for a proposed class action brought by its tenants over claims of putrid living conditions, an insurer told a federal court, claiming several exclusions in its policies bar any recovery.

  • February 07, 2024

    Insurer's Suit Over Class Action Coverage Early, Covisint Says

    An insurer's lawsuit seeking to dodge coverage for an underlying shareholder class action alleging an unfair merger should be dismissed, former Covisint executives told a Michigan federal court, saying the issue of coverage is not ripe for dispute.

  • February 07, 2024

    REIT Raises $672M IPO At Low End While Insurer Pulls Plans

    Senior housing real estate investment trust American Healthcare REIT Inc. rose in debut trading Wednesday after pricing a $672 million initial public offering at the bottom of its range, while insurer The Fortegra Group Inc. canceled its offering given market conditions, revealing mixed signals about the nascent IPO recovery.

  • February 07, 2024

    Fla. Aircraft Co.'s Claims Narrowed In Hurricane Coverage Suit

    A Florida federal judge pumped the brakes on some of a Florida aircraft company's claims against its insurer related to its relocation in 2017 after Hurricane Irma, saying the company can't introduce previously concealed damages in the nearly $250,000 dispute. 

  • February 07, 2024

    Insurers Reach Agreement In School Construction Injury Suit

    Travelers has ended its dispute over whether another insurer must defend a general contractor, school district and construction manager in a worker's personal injury lawsuit as additional insureds, after a New York federal judge on Wednesday approved the parties' mutual request to drop the action.

  • February 07, 2024

    NC Panel Reverses Doctor's Malpractice Coverage Win

    The North Carolina Court of Appeals reversed a trial court’s decision that found a doctor was entitled to defense coverage under his medical malpractice policy for a state medical board investigation, ruling that the doctor failed to timely notify the insurer of the investigation and therefore did not deserve coverage.

  • February 07, 2024

    Travelers Must Cover $2M Tainted Benzene Load, Co. Says

    A multinational chemical company accused Travelers in New York federal court of unreasonably denying coverage for over $2.1 million it lost from a contaminated benzene shipment, saying the insurer must also cover costs incurred from suing at-fault parties since it further evaded its subrogation obligations.

  • February 07, 2024

    Insurer Asks 9th Circ. To Rehear Wildfire Pollution Ruling

    An insurer urged the Ninth Circuit to rehear a dispute over its obligation to defend a contractor against a truck driver's lung injury suit, arguing that the majority wrongfully relied on a 2003 California Supreme Court ruling to find a pollution exclusion didn't apply.

  • February 07, 2024

    House Panel's Top Dem Floats Bill To Require Automatic IRAs

    The House Ways and Means Committee's top Democrat introduced legislation Wednesday that would expand workers' retirement coverage by requiring employers with 10 or more employees to establish a federal automatic individual retirement account program.

  • February 07, 2024

    Imerys, Cyprus Mines Get Extension For Ch. 11 Mediation

    A Delaware bankruptcy judge Wednesday gave bankrupt talc supplier Imerys Talc America and its former owner Cyprus Mines another three weeks in mediation to try to resolve what they said were outstanding insurance issues and prepare for a creditor vote on their Chapter 11 plans.

Expert Analysis

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    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.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    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.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    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.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    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.

  • Series

    ESG Around The World: Singapore

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    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.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    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.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    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.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    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.

  • Series

    Performing Music Makes Me A Better Lawyer

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    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.

  • Breaking Down High Court's New Code Of Conduct

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    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.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    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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