Insurance

  • 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.

  • February 05, 2024

    Zymergen Ch. 11 Plan Confirmed After Investor Objection

    Biotechnology company Zymergen received confirmation of its Chapter 11 plan Monday at a hearing in Delaware bankruptcy court after resolving an objection to the plan from a class of investors suing the company.

  • February 02, 2024

    Insurance Coverage Excluded In Condo Sale, 11th Circ. Told

    An insurance company urged the Eleventh Circuit on Friday to reverse a lower-court decision forcing it to provide coverage in a Florida condominium sale gone wrong, saying it was excluded from defending a claim against a real estate agent accused of converting the transaction's proceeds.

  • February 02, 2024

    3 Arguments, Hearings Benefits Attys Should Watch In Feb.

    This month, the Fifth Circuit will hear a battle over the arbitration process for challenging surprise medical bills, the Federal Circuit will referee a NASA worker's bid to get his military leave suit back on track, and Clorox will try to sink a 401(k) forfeitures class action. Here are three court dates benefits attorneys might want to add to their calendars.

  • February 02, 2024

    Med Biller Who Posed As NBA Star, NFL Atty Gets 12 Years

    A Long Island medical biller was sentenced to 12 years in prison Friday after being convicted of bilking over $600 million from insurance companies through fraudulent billing submissions and impersonating NBA star Marcus Smart and the NFL's general counsel.

  • February 02, 2024

    Claims Against BNSF Cut From $1.3M Derailment Dispute

    A Washington federal judge trimmed several claims against BNSF Railway Co. and a transportation contractor from Starr Indemnity & Liability Co.'s $1.3 million suit over a shipment of clothing destroyed in a train derailment, finding they were preempted by federal law.

  • February 02, 2024

    Insurer Pushes To Freeze Mogul's Assets In $524M Fight

    An insurer urged a North Carolina federal court to stop the cash flow of an embattled insurance mogul, arguing that a recently announced business deal could result in him liquidating assets and moving his finances offshore as a means of avoiding a $524 million judgment.

  • February 02, 2024

    Drugmaker Endo Wants To Extend Opioid Suit Pause

    Endo has asked a New York bankruptcy judge to pause the opioid litigation leveled against it for five more months, asserting that the pharmaceutical company made "wide-ranging progress" in its Chapter 11 case and expects to have a reorganization plan confirmed by March.

  • February 02, 2024

    Latham Led Firms In January IPOs As New Listings Pick Up

    Latham & Watkins LLP assumed work on more initial public offerings than any other law firm in January, steering five IPOs for companies and underwriters during a month that saw a rise in new listings that could portend additional momentum beyond February.

  • February 02, 2024

    Insurer Needn't Cover Contractor In Construction Injury Suit

    Evanston Insurance Co. has no duty to defend or indemnify a contractor in an underlying suit filed by a worker who was injured when he fell off a ladder at a construction site, a Washington federal court ruled Friday, saying the policy's residential construction exclusion applies.

  • February 02, 2024

    Progressive Faces Trial In Car Undervaluation Class Action

    Progressive insurance units may have to face a jury trial on claims they systematically undervalued totaled cars after a Georgia federal judge rejected the company's bid to end the suit, ruling policyholders had enough evidence to argue they were shortchanged on claim payouts.

  • February 02, 2024

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

    This past week in London has seen Dentons sued by a former high-profile partner in Saudi Arabia, Jaguar Land Rover rev its engine in the intellectual property court against automotive company HaynesPro, and the Russian National Reinsurance Company tackle a settlement with BOC Aviation over stranded aircraft. Here, Law360 looks at these and other new claims in the U.K.

  • February 02, 2024

    6th Circ. Revives Bank's $32M Ponzi Settlement Coverage Suit

    A bank can seek coverage for a $32 million settlement it paid to resolve a bankruptcy suit alleging it allowed a Ponzi scheme to continue so it could recover loans to the company running the scheme, the Sixth Circuit ruled, reversing a win for a pair of AIG insurers.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 02, 2024

    Holiday Inn Owner, Insurers Settle Suit Over $11M Ida Award

    A New Orleans Holiday Inn owner asked a Louisiana federal court to permanently dismiss its suit against three insurers over an $11.4 million arbitration award and related bad faith claims after the parties reached a settlement in January.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    Fla. Justices Affirm Appraisal Ruling In $8M Irma Damage Row

    The Florida Supreme Court affirmed a decision to send an insurer's $8 million Hurricane Irma damage dispute with a condominium association to appraisal, holding Thursday that trial courts do have discretion in determining the order in which coverage and amount-of-loss issues are resolved.

  • February 01, 2024

    Imerys, Cyprus Mines Propose Ch. 11 Plans With $862M Trust

    Bankrupt talc supplier Imerys Talc America, Inc. and its former owner Cyprus Mines Corp. asked a Delaware bankruptcy court to sign off on disclosure statements for their separate Chapter 11 plans that would create an $862.5 million joint trust to settle claims that their talc caused cancer.

Expert Analysis

  • 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.

  • Tips For Negotiating Strong D&O Insurance Protection

    Excerpt from Practical Guidance
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    D&O insurance is often the last line of defense for the personal assets of a director or officer, so taking the time to negotiate improvements to their D&O policies and ensuring that the coverage is appropriate for the insureds' risk profile can greatly improve the chances that their policies will protect them when they need coverage the most, says Thomas Bentz at Holland & Knight.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • Series

    ESG Around The World: The UK

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    Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Opinion

    Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • How Ill. Supreme Court Could Shape Statutory Violation Cases

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    In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Creating A Safe Workplace Goes Beyond DEI Compliance

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    The Financial Conduct Authority and Prudential Regulation Authority recently proposed a new diversity and inclusion regulatory framework to combat sexual harassment in the workplace, and companies should take this opportunity to holistically transform their culture to ensure zero tolerance for misconduct, says Vivek Dodd at Skillcast.

  • 3 Quirks Of New Jersey Insurance Coverage Law

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    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • How Del. 'Arising Out Of' Ruling May Affect Insurance Cases

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    The Delaware Supreme Court decision in Ace American Insurance v. Guaranteed Rate focused on a professional services exclusion, but the ruling has wide-ranging application in insurance coverage disputes involving any exclusions that employ "arising out of" or similar prefatory language, say Keith McKenna and Maria Brinkmann at Cohen Ziffer.

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