Insurance

  • August 15, 2024

    Stop 'Pointing Fingers,' Judge Tells Blue Cross, Mich. Tribe

    A Michigan federal judge on Wednesday urged counsel in a Native American tribe's lawsuit alleging Blue Cross Blue Shield of Michigan improperly billed for members' healthcare to heed his repeated advice and focus on the merits of the case, denying both parties' attempts to punish the other.

  • August 15, 2024

    'Rise Of The Insurance Beast': Cases Take Over Colo. Courts

    Colorado's chief U.S. magistrate judge told a room full of attorneys Thursday that insurance cases have started to dominate the court's dockets, comprising almost half the district's civil jury trials last year.

  • August 15, 2024

    No Coverage For Las Vegas Apartment Fire Suits, Judge Says

    An excess insurer needn't cover the owners of a Las Vegas apartment building in underlying suits over a 2019 fire that left six people dead, a Nevada federal court ruled, saying the property was not a designated location under the policy.

  • August 15, 2024

    Okla. Says 10th Circ. PBM Ruling Defies High Court Precedent

    Oklahoma urged the U.S. Supreme Court to review a Tenth Circuit decision nullifying certain parts of a state law regulating pharmacy benefit managers, arguing the appeals court's ruling openly conflicts with sister circuits and previous high court rulings while pushing federal benefits law beyond its limits.

  • August 14, 2024

    Amazon Hit With $1.2M Suit Over Immersion Heater

    Amazon is facing a lawsuit from a Colorado church's insurer alleging that the church suffered more than $1.2 million in damages after a fire caused by a 1500-watt immersion heater it bought off the e-commerce giant's platform that was being used to heat a baptismal font.

  • August 14, 2024

    Insurer Fights $29M Judgment Over Fatal Crash Coverage

    An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.

  • August 14, 2024

    Insurer Says No Coverage For Atty's Mistaken Settlement Row

    A lawyer accused of trying to cover up his settlement of a workers' compensation claim for the wrong client who shares the same name as his actual client can't get coverage, his professional liability insurer told a Mississippi federal court, saying the "limited documentation" he's provided "actually supports" the underlying claims.

  • August 14, 2024

    Insurer Off Hook For Jury Award In Construction Dispute

    A commercial insurer does not have to indemnify a contractor found liable for multiple structural and other problems in a home he built, a Massachusetts intermediate appellate court concluded Wednesday in a case of first impression involving what is considered "property damage" in a construction dispute.

  • August 14, 2024

    $24M Hidden Fee Deal With AIG Opposed By Class Member

    A member of a class of travel insurance buyers who accused AIG insurers of stacking hidden fees on top of insurance travel premiums urged a California federal court to reject a nearly $24 million proposed settlement, saying it inappropriately combines distinct California and Washington claims.

  • August 14, 2024

    Baker Botts, Sumner Schick Seek $14.3M In Fees For IP Win

    Baker Botts LLP and Sumner Schick LLP are seeking nearly $14.3 million in attorney fees plus almost $1.8 million in costs for representing Computer Sciences Corp. in a trade secrets dispute where the IT company won $168.4 million after a Texas jury found Tata Consultancy Services willfully misappropriated CSC's proprietary information.

  • August 14, 2024

    SC Justices Agree To Hear Murdaugh's Jury Tampering Claim

    South Carolina's Supreme Court has agreed to hear disgraced lawyer Alex Murdaugh's appeal claiming a clerk of court tampered with the jury that convicted him of murder, invoking a rule that bypasses intermediate appeals when "significant public interest or a legal principle of major importance" hangs in the balance.

  • August 14, 2024

    Mich. Court Stands By Unitary Biz Ruling For Nationwide

    A Michigan state appeals court will not reconsider its decision that insurance companies that are part of Nationwide should file their taxes as a unitary group, and denied the state Treasury Department's request for reconsideration.

  • August 14, 2024

    NC Court Defers Ruling To Unseal Cadwalader Coverage Suit

    The North Carolina Business Court on Monday did not outright reject a bid by a Lloyd's of London syndicate looking to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, though the judge did admonish the syndicate for failing to consult with Cadwalader's counsel before filing the motion.

  • August 14, 2024

    Insurer Wants Out From Defense Of Philly Sports Radio Host

    State Farm asked a New Jersey federal court Wednesday to find it doesn't have to cover or defend Philadelphia sports talk radio host Anthony Gargano in litigation stemming from a 2022 motor vehicle accident, arguing the car he was driving is not covered by his insurance policy.

  • August 13, 2024

    Insurers Look To Appoint Umpire In Hurricane Damage Fight

    A group of foreign and domestic insurers has asked a New York federal court to resolve an impasse over the appointment of an arbitrator to adjudicate a dispute related to Hurricane Ida damage in the Lafourche Parish of Louisiana, urging the court to appoint an umpire.

  • August 13, 2024

    Texas AG Targets General Motors Over Unlawful Data Sales

    Texas' attorney general has escalated his probe into data privacy practices at connected car manufacturers, hitting General Motors with a lawsuit in state court Tuesday accusing the automaker of unlawfully gathering and selling drivers' private data — which would then be resold to insurance companies — without permission.

  • August 13, 2024

    10th Circ. Says Mine Can't Undo Worker's Black Lung Benefits

    A Tenth Circuit panel on Tuesday rejected a coal mining company's attempt to prevent a retired Utah miner from getting benefits under the Black Lung Benefits Act, finding the miner's time working in above-ground facilities did not remove the law's presumption in his favor.

  • August 13, 2024

    2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit

    A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.

  • August 13, 2024

    Tort Report: Disney Blasted For 'Absurd' Arbitration Bid

    A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 13, 2024

    Contractors Owe $7M For Iron Plant Fire, Insurer Says

    An insurer for one of the world's largest steel producers told a Texas federal court that five companies it said were responsible for the design, manufacture, sale and installation of a failed component at an iron plant must foot the bill for a fire that cost the producer nearly $7 million.

  • August 13, 2024

    Ski Resort, Insurer End COVID Closure Suit Days Before Trial

    Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.

  • August 13, 2024

    Insurer Owes $18M For Lost Wind Farm Deals, Suit Says

    Belgium-based insurer QBE Europe SA/NV should be held liable for more than $18 million in losses suffered by former partners in a now-scuttled joint venture with a Danish company to build vessels for the wind farm industry, as it failed to make a good faith effort to resolve the dispute, a lawsuit filed Monday in Massachusetts federal court contends.

  • August 12, 2024

    9th Circ. Won't Rethink Upending Sutter Health Antitrust Win

    The Ninth Circuit refused Monday to reconsider a panel's split decision overturning Sutter Health's defeat of insurance plan purchasers' $400 million antitrust suit, summarily rejecting hospital system arguments that the court wrongly put in play corporate "purpose" and decades-old communications.

  • August 12, 2024

    Insurer Says No Coverage For Hotel In Sex Trafficking Case

    An insurer told a Virginia federal judge it didn't owe coverage to a hotel owner accused of participating in sex trafficking at its Super 8 Motel turned Quality Inn, because criminal acts were not covered under state rules or by the policy.

  • August 12, 2024

    Markel Says No Coverage For Film-Financing Scheme Claims

    A Markel unit said it has no duty to defend or indemnify a wealth manager or his companies against underlying claims that they misled investors into financing various film projects, telling an Illinois federal court that their policy bars coverage for claims arising out of the sale of securities. 

Expert Analysis

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

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    As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

  • FDIC Bank Disclosure Rules Raise Important Questions

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    The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Parsing Insurance Issues After Mass Shooting 'Occurrences'

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    A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Top 10 Queries For Insurers Entering Surplus Lines Market

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    John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.

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