Insurance

  • 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.

  • February 06, 2024

    Investment Report Shows Cost Of Delaying Climate Action

    Insurers could face billions of dollars in losses if they continue with their current courses of investments that contribute to climate change, according to a new analysis by insurance regulators from California, Oregon and Washington.

  • February 06, 2024

    Appeals Court Upholds Insurers' COVID-19 Coverage Win

    A Texas state appeals court upheld on Tuesday a decision that a pollution and contamination exclusion prevents coverage for Baylor College of Medicine's COVID-19-related losses.

  • February 06, 2024

    Houston Firm Lied About Document Retention, Appraiser Says

    A state court judge on Tuesday agreed to extend the discovery period in a $115,000 contract dispute between an insurance appraiser and a Houston law firm but declined to rule on whether the office should be sanctioned over allegations that it lied about how long it retained client files.

  • February 06, 2024

    4th Circ. Cites W.Va. Justices As It Affirms Coverage Win

    The Fourth Circuit on Tuesday upheld a chemical storage company's win for coverage of three former workers who said their cancer was caused by exposure to toxic fumes after the West Virginia Supreme Court recently found the state would apply the continuous trigger theory to long-tail injury claims.

  • February 06, 2024

    Complex Not Covered For $4M Shooting Claim, Insurer Says

    A Nationwide unit told a Georgia federal court it doesn't owe coverage to an Atlanta apartment complex for a tenant's bid to hold it liable for injuries she suffered during a shooting, claiming the complex waited nearly a year to notify the insurer.

  • February 06, 2024

    Wealth Co. Says Insurers Owe Coverage In Meth Suits

    A Seattle wealth management company told a Washington state court that its insurers have improperly withheld defense coverage for underlying suits alleging a trust beneficiary harmed his condominium neighbors by using and manufacturing meth.

  • February 06, 2024

    NY Judge Wants Info On Perjury Probe Of Trump Lieutenant

    A New York state judge weighing the evidence in Donald Trump's civil fraud trial demanded more information Tuesday about reports that a key trial witness, former Trump Organization Chief Financial Officer Allen Weisselberg, is facing perjury charges for his testimony in the case.

  • February 05, 2024

    Insurer, Pharmacy Settle Horse Death Coverage Dispute

    A coverage dispute between an insurer and a veterinary pharmacy over defense and indemnity for an underlying action involving the deaths of two horses was settled between the two parties Monday in Texas federal court.

  • February 05, 2024

    Wendy's Not Covered In Freezer Injury Suit, Insurer Says

    The insurer for an HVAC company told an Illinois federal court that it has no duty to defend or indemnify the operators of a Chicago-area Wendy's restaurant in an underlying lawsuit brought by a man who was injured while performing maintenance on a walk-in freezer.

  • February 05, 2024

    Insurer Owes $1.3M In Defects Row Defense Costs, Co. Says

    A Hartford unit owes a Chicago-area homebuilder more than $1.3 million in unpaid defense costs related to an underlying construction defect suit, the company told an Illinois federal court, claiming the insurer has refused to explain its coverage decisions.

  • February 05, 2024

    JCPenney Cardholder's Proposed $5M Insurance Suit Fails

    A JCPenney credit card holder who bought health insurance through a promotion tied to the card lost her bid in Mississippi federal court Monday to continue her $5 million proposed class action over what she believed were intentional delays in paying for her hospital stay.

  • February 05, 2024

    No CGL Coverage For Home Depot Data Breach, 6th Circ. Told

    Two insurers have told the Sixth Circuit they owe no commercial general liability coverage to Home Depot for its $172 million settlement with financial institutions over a 2014 breach of customer payment information, arguing an electronic data exclusion wholly barred coverage for the institutions' claimed losses.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

Expert Analysis

  • DC Ruling Provides Support For Builders Risk Claim Recovery

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    To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.

  • A Deep Dive Into FSOC's Expansion Of Nonbank Oversight

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    The Financial Stability Oversight Council's new nonbank guidance, designed to provide the council with added flexibility in risk response, not only modifies the process for designating nonbanks as systemically important institutions, but also sends a clear signal that the FSOC may assume a more active role in addressing financial stability risks across the economy, say attorneys at Simpson Thacher.

  • 9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal

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    The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • M&A Ruling Buoys Loss Calculation Method, R&W Insurance

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    The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.

  • Unlocking Value In Carve-Out M&A Transactions

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    Some of the largest mergers and acquisitions in 2023 were carve-out transactions, and despite their unique intricacies and challenges, these transactions offer both buyers and sellers the opportunity to generate outsized returns in an otherwise vigorously competitive landscape, when carefully planned and diligently executed, say Kevin Crews and Rami Totari at Kirkland.

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