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Insurance
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April 28, 2025
FAIR Plan Failed To Pay For LA Fire Smoke Claims, Suit Says
Another group of California homeowners has accused the state's insurer of last resort of illegally denying and underpaying claims for smoke damage following the Los Angeles wildfires despite its obligation to cover all fire-related damage under California law, according to a lawsuit filed in state court.
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April 28, 2025
Geico's Failure To Settle Caused $2.8M Judgment, Suit Says
A court-appointed receiver for an at-fault driver has told a North Carolina federal court that Geico should be on the hook for a more than $2.8 million consent judgment against the driver stemming from an August 2020 crash, saying the insurer failed to settle underlying injury claims for the driver's $100,000 limit.
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April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers
The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
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April 28, 2025
Estate Sues Insurer Over 'Paltry' Offer In DUI Death Case
The estate of a motorcyclist killed by a driver allegedly overserved at a Washington bar has sued to force the bar's specialty insurance company to cover a partial settlement in an underlying wrongful death suit.
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April 28, 2025
8th Circ. Told Insurer Must Keep Defending Fatal Crash Suit
A logistics company facing wrongful death claims told the Eighth Circuit its insurer must pay to defend it because it was insured under a trucking company's policy and there was no agreement that a $1 million payment by the insurer absolved the insurer of its duties.
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April 28, 2025
Insurance Agency Says Carrier Can't End Car Policy Program
An insurance agency that provides specialized policies for car rental companies asked a Pennsylvania federal court to halt an insurer's plan to abruptly cancel a program through which the agency writes the policies, saying the proposed termination would cause "major disruptions" to rental companies and their customers nationwide.
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April 28, 2025
Petrol Co. Says Carriers Must Defend Benzene Injury Suit
A petroleum services company told a New York state court that three of its marine insurers have failed to cover any defense costs incurred in a benzene injury lawsuit, even after it said the lead insurer agreed to defend it under a reservation of rights.
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April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says
An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
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April 28, 2025
Conn. Insurer Dumped Agent For Raising Red Flags, Suit Says
A Connecticut insurance company terminated one of its agents in retaliation for his complaints about alleged illegal activity, including a concern that Allstate agents were using company log-in information "to pull Progressive quotes," according to a lawsuit in state court.
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April 25, 2025
US Seeks To Block Refund For Captive Insurance Penalties
A Pennsylvania federal court should reject a company's bid for an immediate penalty refund for operating what the IRS claimed is an abusive tax shelter through its microcaptive insurance program, the government argued Friday, saying the company is seeking protection in an unrelated U.S. Supreme Court ruling.
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April 25, 2025
$1.1M Hail Coverage Suit Against Travelers Is Time-Barred
An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid roughly $100,000 in coverage, the property owner filed its coverage action too late.
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April 25, 2025
Zurich Unit Avoids Health Facility's COVID Coverage Claims
A Zurich unit owes no coverage to a senior living facility for COVID-19-related losses it sought under its property policy's communicable disease provision, an Alaska federal court ruled Friday, finding the governmental closure order in question didn't totally prevent access to its property, as required.
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April 25, 2025
IRS Says Docs In Captive Insurance Case Are Privileged
The IRS defended its refusal to release information to a tax services company seeking audit records of its captive insurance program, telling a Texas federal court that the agency's redactions of the requested records are protected by attorney-client privilege and other exceptions to the Freedom of Information Act.
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April 25, 2025
Ga. HOA Not Covered In $10M Dog Attack Suit, Insurer Says
An insurer told a Georgia federal court that it doesn't owe coverage to a homeowner's association in a $10 million suit brought by a woman who said she was viciously attacked by her neighbor's dogs in part because of the association's failure to enforce its covenant on animals.
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April 25, 2025
Health Insurance Cos. Deny Agents OT Pay, Suit Says
A group of health insurance companies failed to pay agents at a time-and-a-half rate for their hours worked over 40 per week and improperly calculated workers' pay rates, according to a proposed collective action filed in Florida federal court.
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April 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
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April 24, 2025
Investor Sues To Halt 'Cheap' VC Buyout Of Fla. Health Co.
A Florida health business investor sued its founder, its CEO, a venture capitalist firm and others over negligent misrepresentation in connection to a proposed buyout, alleging a proxy statement omitted conflicts of interest and included deceptive financial data in order to justify the company's "cheap" acquisition.
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April 24, 2025
Judge Lifts Arbitration Order In Hurricane Coverage Suit
A Louisiana federal judge Wednesday reversed his decision compelling arbitration of an insurance dispute over coverage for hurricane damage in light of new precedent from the state's top court, pointing to a "crucial" mandate requiring that the underlying policies be interpreted as separate contracts.
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April 24, 2025
Insurer Says No Coverage For Nursing Home Negligence Deal
An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.
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April 24, 2025
Margolis Edelstein Accused Of Botching Malpractice Coverage
Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.
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April 24, 2025
Pest Co.'s Ex-Employee Not Covered In Child Assault Suit
An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the employee nor his insulation company is insured under any available insurance policy.
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April 24, 2025
Calif. Panel Says Insurance Adjuster's PAGA Suit Is Too Late
A former adjuster for an insurance claims management company was too late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
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April 24, 2025
SEC Annuity Fraud Case Ends In Mixed Verdict
A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.
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April 24, 2025
Insurance Cos. Need Not Cover Medical Cannabis In NM
A New Mexico federal judge has thrown out a medical cannabis seller's suit against three insurers over coverage of medical cannabis, finding that New Mexico law doesn't mandate coverage, and even if it did, it would be preempted by federal law.
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April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage
A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."
Expert Analysis
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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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.