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Insurance
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September 10, 2024
Most Young Lawyers Say Debt Alters Their Career Plans
A recent student debt study by the American Bar Association Young Lawyers Division has found that student debt affects young attorneys in many ways — including changing their career plans.
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September 09, 2024
White House Final Rule On Mental Health Parity Unveiled
The White House released a final rule Monday meant to boost employer health plans' compliance with a federal law requiring coverage for mental health and substance use disorder treatments that's at the same level as physical health care.
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September 06, 2024
Property Co. Not Covered By Excess Carriers In Antitrust Row
A property management company is not owed coverage from two excess insurers in an underlying multidistrict litigation surrounding allegations of a price-fixing conspiracy involving software company RealPage Inc., a Massachusetts federal judge ruled, finding the excess insurers had no obligations under the management company's primary policy.
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September 06, 2024
Pa. Borough Says Insurer, Atty Wrongfully Settled Feud
A Pennsylvania borough accused its insurer-retained counsel of committing legal malpractice by consummating a settlement acting against its wishes in an underlying "baseless" lawsuit brought by a borough council member, telling a state court that the attorney acted in the insurer's best interest.
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September 06, 2024
11th Circ. Revives Slip-And-Fall Suit Against Westin Hotel
The Eleventh Circuit reversed a win for Westin Hotel in a former guest's suit over injuries sustained in a slip and fall at an Indianapolis hotel, ruling that after the insurer that paid the guest workers' compensation benefits intervened in the suit, the case should have been sent back to state court.
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September 06, 2024
Insurer Tries To Stop Asset Transfers In $2.6M Builder Lawsuit
An insurance company has urged a Montana federal court to temporarily block a group of construction companies from transferring assets, alleging they owe more than $2.6 million in payments, claims and attorney fees related to projects in Montana and Wyoming.
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September 06, 2024
4 ERISA Arguments To Watch In September
The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.
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September 06, 2024
$147.5M Life Insurance Class Deal Gets First OK In Conn.
A Connecticut federal judge has given his initial approval to a $147.5 million settlement in a class action accusing two insurers of overcharging policyholders when deducting costs from savings accounts attached to universal life insurance plans, turning away objections from plaintiffs in parallel cases in other states.
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September 06, 2024
Judge Barnard Says It's 'About Time' For Texas Biz Court
Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Red Lobster Landlord Sues Zurich Over $1.2M Fire Payment
The owner of a property leased to Red Lobster said a Zurich unit negligently failed to name the owner on settlement checks issued to the eatery after a fire, telling a New Jersey federal court the failure allowed Red Lobster to avoid using the $1.2 million to make repairs.
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September 05, 2024
Judge Sharp No Stranger To Complex Cases Biz Court To See
Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.
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September 05, 2024
3rd Circ. Relieves Insurer Of Additional UIM Coverage
The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.
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September 05, 2024
ER Doctors End Surprise Billing Battle With Harvard Pilgrim
A medical group that staffs the emergency departments at several Connecticut hospitals on Thursday dropped a lawsuit accusing Harvard Pilgrim Health Care Inc. of improper billing practices and agreed to pay the insurer some of the costs of the litigation that was doomed by a recent Connecticut Supreme Court opinion.
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September 05, 2024
Berkshire Unit Owes $1M For Shooting, Ga. Man Says
A man shot during an armed robbery at a convenience store told a Georgia federal court that a Berkshire Hathaway unit must pay its full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner.
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September 05, 2024
'Regrettable Mistake' Can't Bar Subrogation Bid, Insurer Says
An insurer for a Hardee's restaurant urged a North Carolina state appeals court to revive its subrogation action over a December 2019 fire, after it said its counsel made a "regrettable mistake" in naming a related brokerage as the plaintiff rather than the insurer itself.
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September 05, 2024
Lloyd's Looks To Ditch Cadwalader's Coverage Suit In NC
A Lloyd's of London syndicate is urging the North Carolina Business Court to toss a Cadwalader Wickersham & Taft LLP lawsuit seeking coverage for a 2022 data breach, saying the law firm failed to include three other carriers included on the insurance policy at issue.
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September 05, 2024
Liberty Mutual Settles Call Center Workers' Pay Complaint
A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.
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September 04, 2024
Dentons Adds Litigation And Dispute Partner From Woods
Dentons has hired a new Montreal-based partner for its litigation and dispute resolution group from Woods LLP, saying she will handle complex domestic and international litigation and arbitration matters.
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September 04, 2024
Medical Cos. Must Provide Doctor Names In Fla. Qui Tam Suit
A Florida federal judge has ordered several medical companies accused of fraudulently obtaining more Medicare funding than they were owed to produce the names of doctors associated with the companies, saying the difference between employed and affiliate providers isn't relevant.
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September 04, 2024
10th Circ. Partially Nixes Insurer Win In Liposuction Death Suit
The Tenth Circuit on Wednesday revived a health provider's bad faith claim against its insurer over coverage for a $60 million judgment stemming from a woman's fatal liposuction surgery, finding the claim fell within a four-year period of limitations for insurance bad faith claims.
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September 04, 2024
Nonsolicits Don't Need Geographic Terms, Ga. Justices Say
The Supreme Court of Georgia said on Wednesday that restrictive covenants don't need to contain an explicit territorial component for them to be deemed reasonable under state law, reviving a marketing organization's attempt to enforce a nonsolicitation provision in its contracts with independent agents.
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September 04, 2024
UBH Wins On Parity In Family's Mental Health Benefits Fight
A Utah federal judge has handed mixed results to United Behavioral Health and a father whose child was partially denied coverage for mental health treatment at two residential treatment centers.
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September 04, 2024
Turning Tides: Real Estate's Impending Insurance Crisis
Climate risk, once an abstract concept, is now a stark reality in the real estate industry as damage from stronger and more frequent weather events portends a drastic correction in the property insurance market. This new series explores state and local government efforts, shifting investor behavior, and home-buying trends as the climate-driven insurance crisis bubbles to the surface.
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September 04, 2024
NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach
As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.
Expert Analysis
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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New La. Managing Agent Law May Portend Growing Scrutiny
Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.
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7th Circ. Exclusion Ruling Will Narrow BIPA Coverage
The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.