Insurance

  • March 25, 2024

    NC High Court Vacates Workers' Comp For Weight Loss Surgery

    A divided North Carolina Supreme Court has adopted a test for determining when someone is entitled to workers' compensation for treatment related to their workplace injury and, in doing so, reversed a ruling finding a preschool must pay for an employee's weight loss surgery.

  • March 25, 2024

    No Coverage for Pa. ATV Accident, Insurer Says

    Truck Insurance Exchange has told a Pennsylvania state court it should owe no coverage to a policyholder facing a personal injury suit over an all-terrain vehicle accident, saying the policyholder's insurance agent "intentionally" failed to disclose the accident before Truck issued the policy.

  • March 25, 2024

    Ex-Root Exec Gets 51 Months In Prison For $10.2M Theft

    The former chief marketing officer for Columbus, Ohio-based car insurer Root Inc. has been sentenced to 51 months in prison followed by five years of supervised release for embezzling more than $10.2 million from his employer and spending it on plastic surgery, a yacht, a plane, and other personal expenses.

  • March 25, 2024

    Divided NC High Court Backs Insurer's Mailer Coverage Win

    A deadlocked North Carolina Supreme Court has left undisturbed a lower court's ruling that an insurer needn't cover a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims.

  • March 25, 2024

    Trump Gets Late Reprieve After Failing To Post $465M Bond

    A New York appellate panel said Monday that Donald Trump can pause enforcement of the state attorney general's $465 million civil fraud judgment by posting just $175 million while he appeals, after the former president complained that he was unable to secure a bond for the entire amount.

  • March 22, 2024

    Insurer Urges 9th Circ. To Reverse LA Port Co.'s Defense Win

    United National Insurance Co. urged the Ninth Circuit on Friday to reverse a ruling that the insurer was obligated to defend a Los Angeles port company against pollution claims brought by the city, saying the lower court erroneously failed to enforce the policy's qualified pollution exclusion.

  • March 22, 2024

    Kaiser's Ozempic Coverage Denial Is Discriminatory, Suit Says

    Two Kaiser plans' refusal to cover new prescription weight loss drugs like Ozempic and Wegovy is "without any medical or scientific basis," a Washington state resident told a state court, alleging disability discrimination.

  • March 22, 2024

    Ind. Factory Adds To Historic $112M Bad Faith Coverage Win

    A flooded factory building that was awarded $112 million in a historic bad faith win added to its victory Friday when an Indiana federal court denied its insurers' requests for a new trial and granted the factory more than $7 million in costs and interest.

  • March 22, 2024

    Ex-Ga. Insurance Head Cops To Healthcare Kickback Scheme

    Former Georgia Insurance Commissioner John Oxendine pled guilty Friday to working with an Atlanta-area doctor to run a multimillion-dollar medical testing kickback scheme just weeks before he was set to face trial in federal court.

  • March 22, 2024

    5th Circ. Asked For Do-Over In Hurricane Coverage Feud

    The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.

  • March 22, 2024

    Colo. Mandates Multistate Online Insurance Tax Filing

    Insurance companies in Colorado will be required to pay certain taxes through multistate third-party web-based application under legislation that Democratic Gov. Jared Polis signed into law Friday.

  • March 22, 2024

    Congress Spares Employee Benefits From $400M DOL Cut

    A commitment from Congress to keep funding level for the U.S. Department of Labor's sub-agency that oversees employee benefits despite a $400 million agency-wide cut was one of the highlights for benefits attorneys in a new fiscal year 2024 spending deal. Here are three takeaways from attorneys on the funding agreement.

  • March 22, 2024

    5th Circ. Revives Coverage Row Over SXSW Ticket Refunds

    Texas music festival South by Southwest's insurer must cover its defense in a class action by ticket holders who didn't receive refunds after the city of Austin canceled the March 2020 event because of the COVID-19 pandemic, the Fifth Circuit said, reviving the dispute.

  • March 22, 2024

    Ex-Drug Rep Won't Serve More Time After 1st Circ. Victory

    The second sentencing of a former Aegerion Pharmaceuticals Inc. salesman did not add a day in prison to the roughly seven months he served before the First Circuit wiped away his initial conviction on charges he schemed to fraudulently sell the company's cholesterol treatment.

  • March 22, 2024

    Fox Rothschild Hires Lewis Brisbois Insurance Vet In Seattle

    Fox Rothschild LLP has hired an insurance litigator in Seattle who focuses her practice on a range of commercial and liability disputes and joins the firm after working for a decade at Lewis Brisbois Bisgaard & Smith LLP, the firm has announced.

  • March 21, 2024

    Cigna Slams Suit's Claims Of Algorithm-Led Coverage Denials

    Insurance giant Cigna Group wants a Connecticut federal court to toss a proposed class action alleging that an algorithm unlawfully rejected hundreds of thousands of claims en masse and without a proper review, arguing the suit is based on a "misleading" news article and shows a misunderstanding of the health insurer's claim denial process.

  • March 21, 2024

    Calif. Panel Revives Diner's COVID Sanitization Coverage Bid

    A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.

  • March 21, 2024

    VA May Have Acted In Bad Faith On $30M Debt Collection Deal

    The U.S. Civilian Board of Contract Appeals refused to toss a $29.6 million appeal accusing the U.S. Department of Veterans Affairs of hampering a contractor's efforts to collect funds from outside insurers, saying the VA may have acted in bad faith.

  • March 21, 2024

    Anadarko Wants Defense Coverage In 2013 La. Kickback Case

    Anadarko told a Houston federal court that an environmental remediation company should be required to defend it in a decade-old Louisiana kickback lawsuit that has already made its way through an appeals court twice.

  • March 21, 2024

    9th Circ. Backs Rescission Of Homeowner's Property Policies

    Two Safeco insurers are entitled to rescind policies issued to a woman who misrepresented that her house wasn't used for business when in fact it was rented to short-term guests, the Ninth Circuit affirmed, saying there's no genuine issue of material fact as to the commercial use of the property.

  • March 21, 2024

    Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit

    A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.

  • March 21, 2024

    EBSA Gets Level Funding Of $191.1M In Spending Deal

    Spending leaders in the House and Senate agreed Thursday to provide $191.1 million in fiscal year 2024 for the U.S. Department of Labor's sub-agency overseeing employee benefits, a level that's identical to what lawmakers agreed to last fiscal year.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

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