More Insurance Coverage

  • June 24, 2022

    11th Circ. Gives Berkshire Split Ruling In $4M Coverage Case

    The Eleventh Circuit affirmed a ruling that a Berkshire Hathaway unit and Wells Fargo must pay $4 million to a Florida woman's estate over an illegally procured life insurance policy, although Berkshire can continue arguing that it should be entitled to recover premiums it paid on the policy.

  • June 22, 2022

    Progressive Asks Court To Toss Trucking Co.'s Tort Claims

    A Progressive unit asked a Pennsylvania federal court to toss a trucking company's coverage dispute over a canceled policy, arguing that the company cannot demonstrate that it is entitled to any relief on its claims of fraud, failure to warn and promissory estoppel.

  • June 21, 2022

    Justices Leave Intact Revived Medicare Overpayment Rule

    The U.S. Supreme Court on Tuesday refused to review the D.C. Circuit's revival of a federal regulation mandating Medicare Advantage insurers to return excess payments to the government within 60 days to avoid False Claims Act liabilities.

  • June 21, 2022

    High Court Won't Hear Medical Cannabis Insurance Challenge

    The U.S. Supreme Court on Tuesday declined to hear an appeal from a medical cannabis patient challenging whether federal drug policy should preempt state laws requiring compensation for certain medical cannabis costs.

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 16, 2022

    Tokio Marine Unit Notches $4M Win On Construction Bond

    A Hawaii federal judge granted summary judgment to a Tokio Marine unit on its $4 million breach of contract claim against a subcontractor that refused to pay out under a surety bond, finding that the subcontractor forfeited its main line of defense by failing to post collateral.

  • June 15, 2022

    Truck Insurer 'Jumped The Gun' With Suit, Judge Told

    Federated Mutual Insurance Co. asked a North Dakota federal judge to dismiss a coverage suit over the death of a construction worker killed by a dump truck, arguing Wednesday that Great West Casualty Co. "jumped the gun" with its suit.

  • June 15, 2022

    Kobe Bryant's Academy, Insurer Drop Workers' Comp Fight

    Kobe Bryant's basketball academy and its insurer have asked the Ninth Circuit to dismiss their appeal to reopen a settled lawsuit over the 2020 helicopter crash that killed the basketball star and eight others that sought to recoup workers' compensation paid to a deceased academy employee.

  • June 13, 2022

    Pa. Judge Tosses Policyholders' Suits Over Stacked Coverage

    A Pennsylvania federal judge tossed two putative class actions accusing a pair of USAA units of defrauding customers when selling stacked uninsured and underinsured motorist coverage to single-vehicle owners, ruling that the proposed class representatives failed to adequately allege that the insurers misrepresented the value of coverage.

  • June 08, 2022

    Geico Can't Ax $5.2M Award Against Policyholder In HPV Case

    A $5.2 million arbitration award over a woman's claim she contracted HPV during sexual encounters in a Geico policyholder's automobile was affirmed by a Missouri appeals court, rejecting Geico's arguments that it was denied the proper opportunity to defend its interests before the trial court.

  • June 06, 2022

    Chubb Unit Says Other Insurers Owe $3.3M For Defense Costs

    A pair of insurers must contribute $1.6 million each to cover the costs incurred defending windshield repair company Safelite in an underlying suit accusing it of making false statements that harmed a competitor, a Chubb unit told an Ohio federal court.

  • June 03, 2022

    Ga. Judge Keeps Most Claims In Trans Deputy's Bias Case

    A health plan's exclusion of gender-conforming surgery violates Title VII of the Civil Rights Act because it applies only to transgender employees, a Georgia federal judge ruled, allowing a transgender sheriff's deputy to move forward with most of her bias claims.

  • June 02, 2022

    9th Circ. Grants Insurer Partial Reversal In Real Estate Suit

    Starr Indemnity & Liability Co. must defend a real estate developer and his son embroiled in an inter-family business dispute, the Ninth Circuit ruled, agreeing with a district court on the scope of an insured-versus-insured exclusion, although the appellate court relieved the insurer of its duty to indemnify.

  • June 02, 2022

    1st Circ. Says Contractor's Bad Work Isn't Insurer's Problem

    A Boston construction firm's failure to fire a subcontractor for defectively installing windows on a 171-unit apartment building doomed its efforts to have an insurer pay to fix the shoddy work, the First Circuit said Wednesday.

  • June 01, 2022

    Sidley Not Conflicted, NJ Diocese Ch. 11 Moves Forward

    The bankrupt Diocese of Camden received approval for its Chapter 11 plan disclosures with warnings from the court, Sidley Austin was found not to be conflicted when it represented the Boy Scouts of America, and Arizona law doomed a $16 million lien claim asserted by the Dutch government in the MD Helicopters bankruptcy. This is the week in bankruptcy.

  • June 01, 2022

    UnitedHealth Tells Justices To Tackle 'Blatant' DC Circ. Error

    UnitedHealth has told the U.S. Supreme Court that the D.C. Circuit obviously blundered a ruling vaporizing the company's challenge to a Medicare Advantage overpayment rule, saying the federal government hasn't even offered any real defense of a primary error in the decision.

  • May 31, 2022

    Ex-Bulls Player Set For 1st Plea Over NBA Health Plan Fraud

    Former Chicago Bulls player Eddie Robinson is set to plead guilty to federal charges that he participated in a $4 million NBA health plan fraud — which would mark New York prosecutors' first plea in the case against 22 individuals.

  • May 31, 2022

    Varnum, Skadden Guide Insurance Broker To $23B Valuation

    Insurance broker Acrisure said Tuesday it raised $725 million to spur growth in a funding round guided by Varnum and Skadden that values the financial technology company at $23 billion.

  • May 31, 2022

    Camden Diocese Gets Nod For New Ch. 11 Plan Disclosures

    The Diocese of Camden received bankruptcy court approval Tuesday in New Jersey for a new Chapter 11 plan disclosure statement that outlines an $87.5 million settlement with the official committee of tort claimants.

  • May 31, 2022

    W.Va. High Court Turns Bat Coverage Ruling Upside Down

    West Virginia's highest court overturned a rental property owner's partial win in a dispute with State Farm over coverage for a bat infestation, finding that the lower court's ruling did not have the wings to fly. 

  • May 31, 2022

    Millions In Payouts To Ga. Insurer Violated ERISA, DOL Says

    The U.S. Department of Labor sued a Georgia health insurance company and its CEO in Georgia federal court Friday, alleging they paid themselves and affiliated companies millions of dollars from employer health plan assets in violation of the Employee Retirement Income Security Act.

  • May 31, 2022

    DOJ's Stance On Pot Case 'Unusually Weak,' High Court Told

    A medical cannabis patient on Tuesday urged the U.S. Supreme Court to take up her appeal challenging whether federal drug policy preempts state cannabis laws and to reject the "unusually weak arguments" put forth by the U.S. Department of Justice.

  • May 31, 2022

    Mo. Panel Says Insurer Must Contribute To $4.5M Crash Award

    A Missouri appeals court affirmed an equitable garnishment ruling against an insurer, finding that misrepresentations the insurer alleged a policyholder made were not material to support the insurer's rescission of the policy and refusal to contribute to a $4.5 million arbitration award to a man involved in a car crash.

  • May 30, 2022

    Law360 Names 2022's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2022, our list of 176 attorneys under 40 whose legal accomplishments belie their age.

  • May 27, 2022

    Recruiter's Suit Against Robinson & Cole Moved To Conn.

    A South Dakota federal judge has agreed to move a legal recruiter's breach of contract suit against Robinson & Cole LLP to the firm's home state of Connecticut, saying there was no evidence that the firm knew the recruiter was based in South Dakota during the discussions around prospective firm mergers that eventually gave rise to the suit.

Expert Analysis

  • Skinny Labels' Future May Hinge On Teva Petitioning Justices

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    Generic-drug makers may get much-needed clarity on their use of so-called skinny labels, which only seek approval for unpatented uses, if Teva Pharmaceuticals petitions for certiorari in the GlaxoSmithKline Coreg case by its July 11 deadline, says Paul Kalish at Fox Rothschild.

  • 6th Circ. ERISA Ruling Shows Scope Of Fiduciary Liability

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    The Sixth Circuit's recent partial revival of a widow's lawsuit alleging Walmart violated federal benefits laws serves as a stark reminder of how those who are only supposed to perform ministerial functions can inadvertently expose themselves to fiduciary liability by undertaking fiduciary actions, say Samantha Kopacz and Nhan Ho at Miller Canfield.

  • And Now A Word From The Panel: MDL Travel

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    The Judicial Panel on Multidistrict Litigation’s return to in-person proceedings, as well as a recent petition in an insurance-related MDL, highlight an important question about whether the panel will continue to consider travel convenience as a relevant factor in venue decisions after two years of virtual hearings, says Alan Rothman at Sidley.

  • Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • Enviro Assessment Rule May Help Lower Buyers' PFAS Risks

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    The U.S. Environmental Protection Agency's new rule incorporating the latest American Society for Testing and Materials standard for Phase I environmental site assessments should be helpful for purchasers of real property seeking greater protection against liability for per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

  • 1 Year Shows Ford Ruling Didn't Change Personal Jurisdiction

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    Federal decisions issued in the year since the U.S. Supreme Court's Ford Motor v. Montana opinion support Justice Elena Kagan's insistence that the ruling simply applied precedent and did not create a new standard for evaluating specific personal jurisdiction as some feared, say attorneys at DLA Piper.

  • What Ohio's 'Surprise Billing' Ban Means For Providers

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    Ohio's new law prohibiting certain out-of-network billing practices presents some difficult issues for providers — especially rural providers — to navigate, and likely will lead to inconsistent reimbursement rates and considerable administrative costs, say attorneys at Dinsmore.

  • Best Practices For Boards, Execs After SEC's Cyber Proposal

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    The U.S. Securities and Exchange Commission's recently proposed cybersecurity disclosure rules signal that officers and directors, not just companies, may find themselves in the SEC's crosshairs over cyber incidents and disclosure failings, but several best practices and steps can help minimize their risk, says Matthew Dunn at Carter Ledyard.

  • Vehicle Service Contracts Present Opportunities For EV Cos.

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    As the electric vehicle market grows faster than ever, manufacturers, dealers and even aftermarket participants can use vehicle service contracts to open up new revenue streams and maintain a touchpoint with customers — but contract providers must be aware of applicable laws and regulations, says Matthew R. Wagner at Frost Brown.

  • How New AML Law Will Apply To Life Settlement Industry

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    Nonexempt life settlement entities should expect increased reporting obligations once the Corporate Transparency Act implementing regulations go into effect as the act brings the first application of anti-money laundering laws to the industry, say Brian Casey and Thomas Sherman at Locke Lord.