Insurance

  • January 25, 2024

    NJ Justices Keep Up Trend Of Virus Suit Wins For Insurers

    In turning back an Atlantic City casino's $50 million bid for pandemic loss coverage, New Jersey's top court kept in line with the vast majority of courts deciding such suits, while shutting the door to Garden State policyholders seeking virus coverage, experts say.

  • January 25, 2024

    Advisory Firm Asks 6th Circ. To Ax Insurer's Win In SEC Case

    An investment advisory firm argued Thursday that a Tennessee federal court erred in deciding that its insurance policy excluded coverage for an underlying suit from the U.S. Securities and Exchange Commission, telling a Sixth Circuit panel that the exclusion rendered the policy illusory.

  • January 24, 2024

    Trump Bristles At Shkreli Comparison In NY Civil Fraud Case

    Donald Trump on Wednesday took umbrage at New York Attorney General Letitia James comparing his civil fraud case to that of convicted "Pharma Bro" fraudster Martin Shkreli, saying it merely reveals "her desperation and obvious frustration" with the former president's "ongoing ascent toward the White House."

  • January 24, 2024

    BofA Fell For $2.1M Check Fraud Despite Red Flags, Suit Says

    A Kansas-based insurance exchange said Wednesday that Bank of America missed several "clear and conspicuous" indicators that a $2.1 million check purportedly submitted by its customer was actually fraudulent, instead providing the money to a medical group that illegally altered the check's address and date.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Pot Insurance Suit Belongs In Federal Court, Judge Says

    A federal magistrate judge in New Mexico has recommended that a proposed class action over insurance coverage for medical cannabis not be sent back to state court, finding Wednesday that the federal court has jurisdiction to hear the suit against Blue Cross and Blue Shield and other insurers.

  • January 24, 2024

    7th Circ. Ponders If Faulty Steel Damaged O'Hare Project

    The Seventh Circuit questioned Wednesday whether cracked welds in a Chicago O'Hare International Airport canopy damaged the larger structure in a way that would trigger property damage coverage, after a lower court ruled that the canopy's general contractor wasn't covered for over $37.5 million in costs.

  • January 24, 2024

    4th Circ. Rejects Adviser's Bid To Revive Coverage Suit

    An AmTrust insurance unit wasn't required to cover an investment adviser for defamation suits under a professional liability policy issued to her former employer, a Fourth Circuit panel ruled Wednesday, saying the adviser's failure to collect certain expenses under a primary policy doesn't obligate the excess insurer.

  • January 24, 2024

    Del. Court Fine With Process For Kidde-Fenwal FCR Pick

    A Delaware bankruptcy judge approved the appointment of a future claims representative in the Chapter 11 case of fire protection manufacturer Kidde-Fenwal Wednesday, saying the process used by the debtor to seek her appointment complied with case law and that the selection is qualified for the post.

  • January 24, 2024

    IRS Wrongly Taxed Insurance Payout, Estate Tells Justices

    The Eighth Circuit wrongly allowed the IRS to tax a life insurance payout meant to maintain a family's control of its St. Louis building materials company, the estate of the company's deceased co-owner told the U.S. Supreme Court in an opening brief Wednesday.

  • January 24, 2024

    Apartment, Insurers Settle Stalled Construction Coverage Row

    A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.

  • January 24, 2024

    Akerman Adds Ace Litigator In Dallas From Cozen O'Connor

    Akerman LLP has strengthened its insurance coverage practice with a litigator in Dallas who came aboard from Cozen O'Connor.

  • January 24, 2024

    Samsung, Best Buy Owe Insurer In Microwave Fire, Court Told

    Samsung and Best Buy should reimburse State Farm for a $231,000 payment covering damage to a home in a fire that State Farm claims was caused by a defective microwave, the insurer alleged in a complaint removed to Pennsylvania federal court.

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 24, 2024

    Insurer Can't Duck $2M Nursing Home Judgment, Family Argues

    The insurer of a now-bankrupt Georgia nursing home can't escape its obligations to cover a $2.1 million default judgment won by the family of a woman who died in the home's care, the family has told a federal judge.

  • January 23, 2024

    AI Co. Seeks Telus, GoDaddy's Help In Trade Secrets Dispute

    Artificial intelligence company EvolutionIQ has asked a New York state court to force GoDaddy and Telus Communications to hand over information and data that will help EvolutionIQ identify the "fraudster" who wrongfully accessed its confidential and proprietary information last year.

  • January 23, 2024

    Australia, US, UK Sanction Russian Over Medibank Hack

    Officials from Australia, the U.S. and the United Kingdom revealed Tuesday that they had sanctioned a Russian national believed to have played an integral role in a 2022 cyberattack that hit Australian health insurer Medibank Private Ltd., marking the first time the three nations have made such a coordinated strike. 

  • January 23, 2024

    Insurer Tells Wash. High Court No Coverage For Faulty Roof

    Farmers Insurance Exchange told the Washington Supreme Court on Tuesday that a "resulting loss exception" to a defective work exclusion in a condominium complex policy should not allow it to recover for condensation damage to its roof resulting from inadequate ventilation.

  • January 23, 2024

    Ex-CEO's Counterclaims Not Allowed, Insys Trustee Says

    The liquidation trustee of Insys Therapeutics on Tuesday asked a Delaware bankruptcy judge for an injunction preventing the pharmaceutical company's former CEO Michael L. Babich from pursuing counterclaims in a clawback suit from the trustee in Delaware's Chancery Court.

  • January 23, 2024

    College Wants 9th Circ. Opinion In $1.5M Fraud Coverage Spat

    A for-profit college that settled with the U.S. government after being accused of stealing money meant to fund veterans' education asked the Ninth Circuit to weigh in after a California federal court said its insurer didn't have to cover nearly $1.5 million in connected investigation defense costs.

  • January 23, 2024

    NC Poultry Plant Sanctioned For Last-Minute Document Dump

    The North Carolina Business Court has sanctioned a chicken plant for disclosing key evidence on the eve of an insurance fraud trial stemming from a 2017 fire, finding the late document dump was caused by "extreme negligence."

  • January 23, 2024

    4th Circ. Leery Of Mogul's Bid To Dodge $524 Award

    The Fourth Circuit appeared poised to enforce a $524 million judgment against a besieged North Carolina insurance mogul battling allegations he's sidestepping the massive award, with the judges questioning how a guaranty signed by the mogul doesn't require him to pay an insurer.

  • January 23, 2024

    Progressive Customers Fire Back At Proposed Dismissal

    Progressive customers in a consolidated proposed class action surrounding the exposure of nearly 350,000 users' personal data to unauthorized actors urged an Ohio federal judge to reject the insurer's dismissal bid, arguing in part that the motion couldn't get around Progressive's own admission to the leak of information.

  • January 23, 2024

    Candy Maker Wants $5M Recall Coverage Suit Tossed

    A Texas-based candy company urged a New York federal court to either toss an insurer's lawsuit seeking to avoid coverage for a nearly $5 million recall over metal fragments found in certain gummy candies or transfer the case to Texas, where the company sued its insurer.

  • January 22, 2024

    Fla. Senate Panel OKs Bill To Change Med Mal Damages Rules

    Florida lawmakers on Monday advanced legislation that would do away with the state's "free-kill" law, which bars adult children of medical malpractice victims from recovering noneconomic damages, with one caveat: a reinstatement of a cap on those damages in all malpractice cases.

Expert Analysis

  • What Texas Misrepresentation Ruling Means For Insurers

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    The Texas Supreme Court's recent decision in American National Insurance v. Arce, confirming that insurers must prove intent to deceive in order to rescind coverage based on material misrepresentation, solidifies additional burdens for insurers to consider during both the underwriting and claims adjudication processes, say Josh Pedelty and Javon Johnson at Husch Blackwell.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

  • Exxon Ruling Highlights Additional Insured Coverage Conflict

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    Despite the Texas Supreme Court's recent decision in Exxon Mobil v. National Union, finding that contractual minimum insurance requirements cannot be used as a ceiling to bar umbrella coverage, the case nevertheless illustrates insurers' aggressive tactics to reduce the scope of additional insured coverage, say David Kroeger and Steven Tinetti at Jenner & Block.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • Less Cyber Coverage, More Compliance Risk For Cos.

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    Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.

  • Cannabis Supercenters: Key Benefits And Legal Issues

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    Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

  • Challenging Standing In Antitrust Class Actions: Injury-In-Fact

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    As demonstrated in recent cases, the classic injury-in-fact requirement for Article III standing claimed in most antitrust suits is economic harm — and while concrete harm satisfies the requirement, litigants may still be able to challenge whether economic injury has occurred, say Michael Hamburger and Holly Tao at White & Case.

  • Climate Reporting Regs Mean New Risks To Insure

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    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Preparing For Legal Scrutiny Of Data Retention Policies

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    Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

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    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • FTX Proceedings Highlight D&O Issues Amid Bankruptcy

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    A Delaware bankruptcy judge’s recent refusal of Samuel Bankman-Fried's request to access FTX's directors and officers coverage serves as a reminder of the interplay of bankruptcy law and D&O insurance policies, and some best practices for policyholders when pursuing D&O coverage during bankruptcy, say Geoffrey Fehling and Justin Paget at Hunton.

  • Opinion

    Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

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