Insurance

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit

    The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.

  • July 02, 2024

    Travelers Says No Coverage For Energy Co.'s Enviro Dispute

    A Travelers unit said it has no coverage obligations to an energy company in a now-settled Louisiana state court suit over environmental damage, telling a Texas federal court that the company's failure to notify the insurer of the suit for more than eight years violated the policies.

  • July 02, 2024

    Calif. School District Says Chubb Must Cover Sex Abuse Suits

    The Los Angeles Unified School District, the second-largest school district in the country, accused several Chubb units of wrongfully denying coverage for 61 underlying sexual abuse claims, telling a state court that the underlying allegations create at least a potential for coverage under its policies.

  • July 02, 2024

    DOL Sends Final Rule On Mental Health Parity To White House

    The U.S. Department of Labor transmitted a final rule to the White House for review designed to boost employer health plans' compliance with a law requiring equal coverage of mental health and substance use disorder treatments compared to physical care, according to a regulatory filing posted online.

  • July 02, 2024

    Blank Rome Taps California Insurance Recovery Pros

    Two lawyers from Northern California insurance specialty boutique Weinstein & Numbers LLP, including one of the firm's founders who represented the Catholic Archdiocese of San Francisco and other dioceses, are joining Blank Rome.

  • July 02, 2024

    Progressive, NY Drivers Set $48M Deal To End Car Value Fight

    A class of drivers has asked a New York federal court to tentatively sign off on a $48 million settlement with Progressive insurers over allegations that the carriers undervalued and underpaid policyholders' claims for totaled vehicles, saying the agreement is an "excellent result" for the classes.

  • July 01, 2024

    W.Va. Homeowner's Depreciation Suit Survives Dismissal

    A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.

  • July 01, 2024

    Gas Co. Not Covered For Pollution MDL, NY Court Rules

    A petroleum company is not owed coverage for an underlying multidistrict litigation over remediation for groundwater contamination that the suit alleges was caused by a gasoline additive, a New York state appeals court said, holding that pollution exclusions in multiple of its policies applied to the contamination.

  • July 01, 2024

    House Republicans Call For ACA Enrollment Probe

    Three House Republican committee chairs are asking government watchdogs to investigate Affordable Care Act enrollments after a third-party report alleged a significant number of Americans are fraudulently accessing low-income healthcare subsidies. 

  • July 01, 2024

    Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets

    A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.

  • July 01, 2024

    Delta Dental Wants Antitrust Claims Standard Decided Now

    Delta Dental has asked an Illinois federal judge to decide now — prior to ruling on a class certification bid — on the standard of review applicable in a case launched by service providers alleging the dental insurance system and its members are violating antitrust law through a $13 billion scheme to restrict competition.

  • July 01, 2024

    Top Personal Injury, Med Mal News: 2024 Midyear Report

    A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.

  • July 01, 2024

    Colo. Restaurant Says Insurer Must Cover Plumbing Damage

    A Denver restaurant said it is owed coverage for its property losses and a neighbor's demand for reimbursement after a sewage leak allegedly caused by defective plumbing work damaged a commercial condominium complex, telling a Colorado state court its insurer unreasonably denied or delayed coverage.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Insurer Says Auto Co.'s COVID Coverage Suit Is Time-Barred

    An auto parts manufacturer's lawsuit seeking $50 million in coverage for COVID-19-related losses is time-barred, an insurer told a North Carolina federal court Friday, arguing that the manufacturer filed suit a year after the policy's three-year limitation period.

  • June 28, 2024

    Rite Aid Ch. 11 Plan OK'd With Insurers' Objections Resolved

    A New Jersey bankruptcy judge Friday approved pharmacy chain Rite Aid's Chapter 11 restructuring plan after the company said it had resolved objections from its insurance carriers to how the plan treats their policies.

  • June 28, 2024

    Insurer Says It Owes No Coverage In Hair Relaxer Litigation

    As a beauty manufacturer faces allegations that its line of hair relaxers contain carcinogenic ingredients, Selective Way Insurance Co. has asked a Georgia federal judge to release it from having to cover the company's defense in a sprawling multidistrict litigation.

  • June 28, 2024

    Uber Driver Axes Coverage Claims Against Co.'s Insurer

    An Uber driver agreed to dismiss his claims against an insurer for Uber after he filed a suit in Massachusetts federal court accusing it and the ride-hailing company of wrongly refusing to offer him underinsured motorist coverage after he said he was severely injured in an accident.

  • June 28, 2024

    3 Biggest Benefits Policy Developments From 2024's 1st Half

    The U.S. Department of Labor and other agencies finalized significant changes to regulations affecting employee benefits in the first half of 2024. Here are three policy moves that benefits attorneys should have on their radar.

  • June 28, 2024

    Insurer Says Kennel Expansion Complaints Not Covered

    A Hanover unit told a California federal court that it has no obligation to defend a dog kennel in an underlying lawsuit alleging that the kennel's expansion, which increased capacity from about 20 dogs to 200 dogs, interfered with the community's rights of possession.

  • June 28, 2024

    5th Circ. Tosses Texas Health System's COVID-19 Suit

    The largest nonprofit health system in Texas cannot get coverage for COVID-19-related business interruption losses it said totaled over $192 million, the Fifth Circuit affirmed, highlighting previous circuit precedent establishing that COVID-19 does not cause "physical loss or damage."

  • June 28, 2024

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

    This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.

  • June 27, 2024

    Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair

    Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Insurance archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!