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April 11, 2025
Liberty Mutual Unit Beats Suit Seeking Bigger Fire Payout
Ohio's law governing total loss insurance coverage does not necessarily mandate that insurers pay out the maximum policy limit, according to a new order from a Buckeye State federal judge granting a Liberty Mutual subsidiary a victory over claims brought by a woman seeking a larger payout for her burned property.
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April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
Mercedes Settles Fire Coverage Dispute With Insurer
The insurer of an Ann Arbor, Michigan, property has settled a dispute over whether its policy covered more than $1 million in damages stemming from a vehicle fire at a facility leased by Mercedes-Benz's North American research arm, according to a federal court order dismissing the case Friday.
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April 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen law firm Michael Wilson & Partners reignite a 20-year dispute with a former director over an alleged plot to form a rival partnership, headphone maker Marshall Amplification sue a rival in the intellectual property court, and a commercial diving company pursue action against state-owned nuclear waste processor Sellafield. Here, Law360 looks at these and other new cases in the U.K.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
Insurance Agency Accuses Former Exec Of Poaching Clients
A Florida insurance agency has accused its former vice president of sales of poaching clients and misappropriating trade secrets when he left for a direct competitor, according to a lawsuit removed to federal court.
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April 10, 2025
6th Circ. Upholds No-Coverage Ruling For $13M Loss
Errors and omissions insurers for two Liberty Mutual units owe no coverage for the units' $13.3 million coverage payment to a motel operator found civilly liable for a woman's murder, the Sixth Circuit ruled Thursday, finding a settlement demand letter did not constitute a claim under the E&O policies.
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April 10, 2025
Manufacturer Says Insurers Owe $3.4M For Warehouse Theft
An anime merchandise manufacturer is seeking to recover over $3.4 million from its insurers for business personal property and business income that was lost after its warehouse was robbed, telling a California federal court that a majority of its claim hasn't been paid.
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April 10, 2025
Arbitration Stands In La. Condo's Hurricane Damage Case
A Louisiana federal judge has refused to reconsider his order compelling arbitration of a $4.9 million insurance claim over Hurricane Ida damage to a New Orleans condominium complex in light of new guidance from the state's top court.
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April 10, 2025
Amazon Worker's Brother Denied Win In Life Insurance Fight
The children of an Amazon worker can proceed with their claim that their uncle exercised "undue influence" to get named as a beneficiary on their father's life insurance plan, an Ohio federal judge said Thursday, noting the Employee Retirement Income Security Act did not preempt the allegations.
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April 10, 2025
Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid
The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.
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April 10, 2025
Insurer Denies $3M Legal Fees After Worker Death Settlement
An insurer that paid its policy limits on behalf of insured contractors to settle a lawsuit over a jobsite fatality told an Oklahoma federal court it owed no coverage for more than $3 million in legal fees incurred because the insureds hired private counsel without consent.
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April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat
Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
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April 10, 2025
IRS Microcaptive Rules Face Challenge By Familiar Foe
A microcaptive insurance advisory firm that persuaded a Tennessee federal court to vacate an IRS notice imposing reporting requirements challenged the agency's new rules on the in-house arrangements, asking the same court to set aside the regulations for being just as onerous as the previous ones.
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April 10, 2025
Purdue Cleared To Start Ch. 11 Claims Processing Early
A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns
A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.
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April 09, 2025
AIG Unit Seeks $3.7M Clawback In Whistleblower Murder Row
A tree service company, subsidiary and certain former employees can't be covered in two civil suits alleging an employee was murdered for reporting the company's use of undocumented labor, an AIG unit told an Ohio federal court, seeking nearly $3.7 million in coverage reimbursement.
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April 09, 2025
Insurer Settles Suit Blaming Bank Consultant For Data Breach
National Union Fire Insurance Company of Pittsburgh has settled a suit accusing a Washington-based consultant of security lapses after the personal data of over 10,000 bank customers ended up online, according to new filings in Evergreen State court.
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April 09, 2025
Underwriters Owe $2.6M For Damaged Ship Loader, Co. Says
A seller of ship loaders said its underwriters owe it an additional $2.6 million for a piece of equipment that was damaged en route to Canada, telling a Washington federal court that the carriers have breached their obligations under a marine all-risk cargo policy.
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April 09, 2025
Claims Trimmed In Firm's Suit Over Sports Fraud Coverage
A Florida federal court tossed more than half the claims a law firm raised against an AIG unit for allegedly misleading them into representing a sports memorabilia collector in underlying civil and criminal fraud cases without payment, finding claims against the unit either premature, duplicative or insufficiently pled.
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April 09, 2025
Insurer, Flight School Agree Training Suit Isn't Covered
An insurer has no duty to defend or indemnify a flight school accused in an underlying suit of misrepresenting the education and training that students enrolled in a flight program would receive, according to a consent agreement approved by a North Carolina federal court.
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April 08, 2025
Town's Insurance Suit Unfrozen After $11M Civil Rights Deal
A previously paused lawsuit that East Haven, Connecticut, brought against its insurers has been referred for settlement negotiations after the town and former officials lost an underlying civil rights case over the politically motivated closure of a quarry and then reached an $11 million deal to end the underlying dispute.
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April 08, 2025
4th Circ. Won't Revisit Ambiguous Endorsement Ruling
The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.
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April 08, 2025
4th Circ. Says Insurer Needn't Chip In For $9M Fatal Fire Deal
A Munich Re unit needn't contribute to The Travelers Indemnity Co.'s $9 million settlement of suits brought over a fatal apartment fire, the Fourth Circuit ruled Tuesday, saying the unit's policy issued to a North Carolina county's emergency services department did not also extend coverage to its 911 call center.
Expert Analysis
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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4 Property Insurance Action Steps For LA Policyholders
Property insurance will play a vital role in rebuilding the areas affected by the Los Angeles wildfires, and policyholders should be aware of key aspects of that coverage in order to maximize their insurance recovery, say attorneys at Cohen Ziffer.