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Insurance
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March 20, 2024
7th Circ. Closes Door On Italian Hotel's Virus Coverage Bid
A luxury Italian hotel has no coverage for certain coronavirus-related losses, the Seventh Circuit affirmed on Wednesday, saying that the hotel's own filings contradicted its claim that it suffered a covered physical loss.
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March 20, 2024
Endo Plan To Trim $5B In Debt Confirmed By NY Judge
Drugmaker Endo International got a New York bankruptcy judge's approval for its Chapter 11 plan that aims to cut more than $5 billion in debt and hand over ownership to its lenders, roughly a month after it finalized a $465 million deal to resolve criminal and civil opioid claims.
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March 20, 2024
UK Pension Fraud Fund To Pay Out £416M To Victims By 2026
The U.K.'s pension lifeboat scheme said Wednesday it expects to pay up to £416.7 million ($530 million) in compensation to members of pension schemes that have been hit by scams.
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March 20, 2024
NY AG Scoffs At Trump's Claim Of 'Impossible' $465M Bond
The New York Attorney General's office on Wednesday disputed Donald Trump's claim that posting bond while he appeals a $465 million civil fraud judgment is a "practical impossibility," arguing the former president and his business empire haven't exhausted all avenues.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
Pa. Insurance Broker On Hook For Not Paying Real OT
A Pennsylvania-based insurance brokerage willfully violated federal wage law when it misrepresented overtime hours employees worked and otherwise dodged wage requirements, a federal judge ruled in a case brought by the U.S. Department of Labor.
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March 20, 2024
AI Misuse Will Drive Cyber Insurance Demand, Actuary Says
The use of artificial intelligence by criminals and other evolving threats will boost demand for cyber-insurance for at least the next decade, according to analysis published Wednesday by actuarial consultancy OAC.
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March 20, 2024
EU Insurers Warn Regulators Of Gaps In Greenwashing Rules
European insurers have urged the bloc's insurance and pensions watchdog to be consistent and clear with its greenwashing rules for investment products, pointing to discrepancies between jurisdictions and inconsistencies with other sustainability frameworks.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Slaughter And May Cuts Partner Promotions By Half In 2024
Slaughter and May said on Wednesday that it is adding to its bench of up-and-coming leaders by promoting five lawyers to its partnership — only half the number it elevated in 2023.
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March 20, 2024
UK Insurers See Boom In Income Protection Policies
The number of people who took out personal insurance cover to shield their finances hit a record high in 2023, as more sought protection from a potentially serious accident or illness that would prevent them from working, British insurers said Wednesday.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
FCA Warns Pension Advisers Over Treatment Of Customers
The Financial Conduct Authority urged pension advisers on Wednesday to look at how well they are considering the needs of their clients after a sweeping review of the sector found significant shortfalls at some companies.
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March 19, 2024
Metallica's Bid For COVID-19 Coverage Fades To Black
California appellate justices on Monday upheld Certain Underwriters at Lloyd's of London's summary judgment win against heavy metal band Metallica's breach suit seeking coverage for shows canceled during the COVID-19 pandemic, siding with the lower court's order finding the policy's communicable disease exclusion precluded coverage as a matter of law.
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March 19, 2024
Justices Lean Toward Insurer Standing In Ch. 11 Case
The U.S. Supreme Court appeared reluctant Tuesday to uphold a Fourth Circuit ruling that Truck Insurance Exchange lacked standing to oppose the proposed Chapter 11 reorganization plan of two manufacturers facing numerous asbestos claims, noting it's Truck that must ultimately cover the vast majority of such claims.
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March 19, 2024
Ky. Woman Gets $164M Verdict In Geico Roadside Crash
A Kentucky state jury on Monday hit auto insurance giant Geico with a $164 million verdict over claims it negligently sent a tow truck out on a roadside assistance job only for it to ultimately rear-end a motorist stopped at a red light, leaving her a quadriplegic.
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March 19, 2024
Minn. BCBS Wants Toss Of DOL's $66.8M Tax Liability Suit
An insurance company is urging a Minnesota federal judge to toss a U.S. Department of Labor suit alleging the company improperly collected at least $66.8 million in state tax liability from plans it administered to pay in-network providers, arguing plans allowed the practice and participants weren't injured.
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March 19, 2024
FTC Sends Benefytt's Sham Health Plan Buyers $100M
The Federal Trade Commission is sending refund checks to hundreds of thousands of customers from the $100 million Benefytt Technologies Inc. paid to settle allegations that it deceptively marketed sham health plans as qualified under the Affordable Care Act.
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March 19, 2024
Trade Court Says US Demand For Garlic Bond Came Too Late
The U.S. Court of International Trade backed an insurance company's contention that the U.S. government waited eight years too long to demand payments for Chinese garlic imports the company covered, saying the government was contractually obligated to make a demand sooner.
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March 19, 2024
Uber, Progressive Unit Settle NC Widower's Coverage Fight
The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.
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March 19, 2024
Allstate Seeks To Trim $10M Conn. Shotgun Injury Suit
Allstate Insurance Co. wants a Connecticut federal court to cut four of five claims from a lawsuit brought by a man demanding $10 million that he won from a homeowner who seriously injured him with a shotgun blast, arguing that the victim asserted causes of action that are duplicative or unavailable to him.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
8th Circ. Won't Rethink Mo. City's COVID-19 Coverage Loss
The Eighth Circuit shot down a Missouri city's request to reconsider a panel ruling denying its request for coverage of sales tax revenue losses stemming from pandemic-related shutdowns, rejecting the city's argument that the panel misinterpreted policy terms and skewed its review in favor of the insurer.
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March 19, 2024
Insurer Meets 6th Circ. Resistance In Bid To Undo Amway Win
Sixth Circuit judges appeared skeptical Tuesday of an AIG unit's argument that it shouldn't have to defend and indemnify Amway Corp. in copyright litigation, with one judge saying he doubted Amway's self-insured policies should take priority over an AIG internet policy.
Expert Analysis
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Mass. Dispute Highlights R&W Insurance Considerations
The progression of the litigation in a Massachusetts state court between pH Beauty and its representations and warranties insurers to the summary judgment stage offers rare insight into coverage disputes that can arise under such policies, including takeaways for buyers and sellers looking to procure adequate coverage for future transactions, say attorneys at Hunton.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling
The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.
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What To Know About Duty To Settle Insurance Claims In Texas
Laura Grabouski of Holden Litigation examines the parameters of Texas insurers' duty to settle liability claims within the limits of the primary policy, as knowledge of the requirements — and the potential exposure from insureds, judgment creditors or excess creditors — can pay dividends in the era of nuclear verdicts.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Standing Issues Prevail In Wake Of Calif. Competition Ruling
Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.
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NY's Take On Premises Insurance Policies: What's In A Name?
A New York appellate court's recent decision in Wesco Insurance v. Fulmont Mutual Insurance — requiring insurance coverage for a property owner not named on the policy — strengthens a state case law trend creating a practical exception in premises liability cases to normally strict requirements for coverage, says Craig Rokuson at Traub Lieberman.
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Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers
The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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What's In The NAIC's Draft AI Bulletin
The National Association of Insurance Commissioners has released a draft bulletin on insurers' use of artificial intelligence systems, intended as a template for regulators to guide insurers to employ AI consistently with market conduct, corporate governance and unfair and deceptive trade practice laws, say Paige Waters and Stephanie O'Neill Macro at Locke Lord.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.