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Insurance
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April 08, 2024
Allstate Sues Ex-Agent For Post-Litigation 'Smear Campaign'
Allstate Insurance Co. has alleged in Colorado federal court that a former independent contractor it previously sued for allegedly stealing trade secrets has since launched an online "smear campaign" to spread false claims that the company is selling its customers' sensitive personal data to criminals and that it flouted a court order in the earlier suit by posting confidential deposition excerpts.
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April 08, 2024
Convicted CEO Wants Utility To Fund Defense Through Appeal
The former CEO of the Connecticut Municipal Electric Energy Cooperative urged a federal judge on Monday to order the organization to cover his legal expenses while he appeals his conviction for stealing public funds and prepares for a trial in yet another criminal case.
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April 08, 2024
AIG Acted In Bad Faith In Hurricane Dispute, Homeowners Say
Owners of a $95 million oceanfront mansion near Miami told jurors Monday that AIG should be punished for acting in bad faith in handling a claim for damage from Hurricane Irma, saying the company repeatedly prioritized maximizing profits at the expense of customer service.
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April 08, 2024
Las Vegas Atty Killed In Murder-Suicide During Law Firm Depo
An attorney is suspected of fatally shooting prominent Las Vegas personal injury trial lawyer Dennis Prince and Prince's wife before killing himself in a targeted shooting during a deposition in a child custody battle at the Prince Law Group's offices Monday morning, according to the Las Vegas Police and media reports.
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April 08, 2024
Texas School District Not Immune In Arbitration Row
A Texas school district isn't immune from a lawsuit by its insurers seeking to appoint an umpire in a $10 million hurricane damage dispute, a New York federal court ruled Monday, finding the district doesn't meet the standards set under the 11th Amendment.
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April 08, 2024
6th Circ. Upholds Partial Award In ESOP Liability Dispute
The Sixth Circuit on Monday upheld a lower court's finding that an insurance firm was obligated to pay some costs spent defending a consulting firm's stock valuation work, based on a finding that costs weren't completely covered under the insurer's professional liability policy exclusion.
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April 08, 2024
Conn. Law Firm Demands Insurer Pay More For Leak In Office
A Connecticut law firm and a real estate company have accused their insurer of failing to fully cover damage from a leak at their New Haven offices despite a $2.2 million policy in a suit removed to Connecticut federal court by the insurer.
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April 08, 2024
Insurer Fights 3rd Circ. Bid To Revive Crash Coverage Suit
An insurer has urged the Third Circuit to affirm that a Pennsylvania couple couldn't claim it had acted in bad faith by failing to immediately cover the husband's brain injuries from a crash with an underinsured motorist.
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April 08, 2024
Ex-NBA Player Sues BCBS Over 'Outrageous' Care Denial
Former NBA player Rodney Rogers, who was paralyzed in 2008 after retiring, has accused Blue Cross and Blue Shield of North Carolina of exhibiting "outrageous" disregard for his medical needs by denying him life-saving in-home nursing assistance.
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April 08, 2024
Ex-Paralegal Launches Whistleblower Suit Against NJ Firm
An ex-paralegal at New Jersey personal injury law firm Brandon J. Broderick LLC says his former employer created an uncomfortable work place when he reported alleged ethical violations to management.
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April 08, 2024
Travelers Nabs Early Win In AIG Unit's Injury Coverage Row
Travelers has no duty to defend or indemnify a construction company and a New York University hospital in an underlying construction injury suit, a New York federal judge ruled, finding that the underlying complaint doesn't suggest that the Travelers-covered subcontractor was primarily responsible for the underlying injuries.
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April 08, 2024
Mo. Atty Loses Last-Ditch Bid To Dodge NC Tax Fraud Trial
A St. Louis attorney lost a last-minute attempt to escape his upcoming tax fraud trial based on claims that the prosecution was never properly authorized, with a North Carolina federal judge finding that the government did mislead the court but nonetheless had the right stamp of approval.
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April 05, 2024
Target, Major Employers Raise New Drug Price-Fixing Claims
Target Corp., Lowe's Cos. Inc. and American Airlines Inc. are among major employers that lodged new price-fixing claims in Pennsylvania federal court against dozens of pharmaceutical companies, accusing them of orchestrating illegal agreements to allocate customers and markets and fix the prices of hundreds of generic drugs for more than a decade.
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April 05, 2024
Texas Man Gets 7 Years For COVID Testing Fraud
A Texas man was sentenced to seven years in prison and ordered to pay more than $7 million in restitution for colluding with three co-conspirators to conduct a COVID-19 testing scheme, the U.S. Department of Justice announced Thursday.
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April 05, 2024
Insurer Denies Coverage In Pet Store BIPA Class Action
An insurer told a Michigan federal court Friday that it didn't have to cover a pet store in an underlying employee proposed class action alleging the store violated Illinois' Biometric Information Privacy Act because the claims were precluded by the policy and a state statute of limitations.
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April 05, 2024
NJ Recycler's Fire Damage Suit To Remain In NJ, Judge Rules
A New Jersey federal judge declined to move a paper recycler's fire coverage dispute to New York, but did agree to toss one of its claims against its insurer, finding the recycler's declaratory judgment and breach of contract claims were duplicative.
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April 05, 2024
Insurers Fight Kidde-Fenwal's Bid For Coverage Of Foam Suits
Two AIG units and another insurer have told a Delaware bankruptcy court it should reject fire-suppression company Kidde-Fenwal Inc.'s bid to secure their coverage for a bevy of underlying suits alleging the company exposed those plaintiffs to so-called forever chemicals via its production of firefighting foam.
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April 05, 2024
Conn. Court Limits Payouts For Underinsured Motorist Policies
Siding with Safeco Insurance Co. and overturning a lower court's calculations, the Connecticut Appellate Court on Friday cemented the insurance industry's ability to escape underinsured motorist claims by injured policyholders whose coverage equals that of drivers at fault, even when at-fault drivers' insurers divvy up smaller payments.
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April 05, 2024
Pa. Supreme Court Snapshot: COVID Coverage Starts Spring
The Pennsylvania Supreme Court's April lineup will prepare the justices to deliver highly anticipated guidance on whether business losses stemming COVID-19 pandemic orders should be covered by insurance and if Pittsburgh can compel rental-property owners to register and undergo training.
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April 05, 2024
SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling
The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.
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April 05, 2024
Insurer, Construction Co. Agree To End $10M Ceiling Fall Suit
Grange Insurance Co. and a Georgia construction company it sued to avoid paying a $10 million judgment in an underlying injury case over a worker's fall through a ceiling came together with that late worker's wife and agreed to dismiss their indemnity dispute following a settlement.
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April 05, 2024
Allianz Selling Mid-Size, Entertainment Holdings In $1.4B Deal
Allianz Group said Friday that its corporate and specialty insurance unit is selling off its U.S. insurance business for midsize corporations and entertainment businesses for $450 million in cash to Arch Insurance North America.
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April 05, 2024
Judge Wary Of Foley & Lardner Exit Bid From SEC Suit
A request by Foley & Lardner LLP attorneys to stop representing a Malta-based registered investment adviser in a $75 million suit by the U.S. Securities and Exchange Commission is hanging in the balance after a North Carolina federal judge expressed concerns about their exit holding up the case.
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April 05, 2024
Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit
A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.
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April 05, 2024
Firefighters Union's Finance Firm Can't Spike Whistleblower Claim
A finance firm set up for the nation's largest firefighters' union can't escape a whistleblower retaliation claim from the investment adviser it fired after he reported concerns to the U.S. Securities and Exchange Commission, a Boston federal judge has ruled.
Expert Analysis
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
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.
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Why Courts Are Nixing Insurer Defense Recoupment Claims
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.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
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.
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Del. Insurance Co. Liquidation Reveals Recovery Strategies
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.
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Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick
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.
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Series
ESG Around The World: Singapore
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.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
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.
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The Basics Of Law Firm Cyber Liability Insurance Applications
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.
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Insurance Considerations For Cos. Assessing New AI Risks
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.
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Series
Performing Music Makes Me A Better Lawyer
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.
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Breaking Down High Court's New Code Of Conduct
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.
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AI Brings New Insurance Concerns For Healthcare Providers
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.