Insurance

  • February 28, 2025

    New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss

    The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.

  • February 28, 2025

    Aetna, Optum To Pay $8.3M To End ERISA Fee Suit

    Aetna Inc. and OptumHealth Care Solutions LLC will pay $8.3 million to settle 88,000 patients' claims that they were overcharged in a scheme to hide administrative fees as medical expenses, nearly three months after OptumHealth said it was pulling out of the deal.

  • February 28, 2025

    Liberty Says Travelers Must Cover Builder In NYU Injury Suit

    Travelers insurers must provide additional insured coverage to a construction company in an underlying personal injury suit by a New York University engineer, a Liberty Mutual unit told a Connecticut federal court, saying a subcontract agreement required the other carriers to cover the company on a primary and noncontributory basis.

  • February 28, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.

  • February 27, 2025

    4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO

    Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights. 

  • February 27, 2025

    Judge Limits Atty Expert Witnesses In Legal Malpractice Trial

    An Illinois federal judge on Wednesday barred attorneys who aren't expert witnesses from giving testimony about what they would have done differently from Quinn Johnston Henderson & Pretorius Chtd. in an upcoming trial on claims the firm's botched defense caused their client "enormous loss."

  • February 27, 2025

    Georgia's Outside Funding Regulations Clear State Senate

    The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.

  • February 27, 2025

    Insurer For Mass. Gaming Board Off Hook For Land Dispute

    A Massachusetts state court judge said Landmark American Insurance's duty to defend the state's Gaming Commission in a long-running lawsuit over the site of the Encore Boston Harbor Casino ended nearly three years ago.

  • February 27, 2025

    Insurer's Bid To Dodge $1.4M Bank Scam Suit Premature

    An insurer cannot yet escape an attorney's demand for coverage in an alleged scheme to steal $1.4 million from a New Jersey development company, a Connecticut federal judge ruled, saying the carrier didn't follow court procedures before it moved to end the case.

  • February 26, 2025

    Arkansas Hits GM With Suit Over 'Deceptive' Driver Data Sales

    Arkansas' attorney general has become the latest to take aim at General Motors Co. over its data privacy practices, filing a lawsuit in state court Wednesday accusing the automaker of padding its profits by deceptively collecting and selling drivers' private data, which purchasers would then resell to insurance companies.

  • February 26, 2025

    Auto Insurer Freed From Covering Gunshot Injury Litigation

    An auto insurer doesn't have to cover a driver whose passenger was shot, court papers allege, by a neighbor who was incensed by what he perceived to be reckless driving, a Florida federal judge ruled.

  • February 26, 2025

    Insurer Gets Early Win In Oil Well Explosion Coverage Suit

    An insurer has no duty to cover two oil drilling companies and others in a worker's injury suit over a June 2022 oil well explosion, a Kentucky federal court ruled Wednesday, declaring the at-issue policy void due to material misrepresentations in the insurance application process.

  • February 26, 2025

    Lloyds Seeks To Trim Oil Cos.' Suit Over Water Pollution Claim

    Certain underwriters at Lloyd's of London urged a New Mexico federal court to toss bad faith claims that two oil and gas companies lodged in a coverage action over the release of a waste byproduct that triggered state-supervised remediation efforts, arguing they haven't even formally denied coverage yet.

  • February 26, 2025

    Driver Accuses Geico Of Lying About Accident Forgiveness

    Geico unlawfully disguises rate increases as surcharges, a driver alleged in a suit filed in Texas federal court, saying his premium nearly doubled after an accident despite being enrolled in an accident forgiveness program.

  • February 26, 2025

    Texas Atty Accused Of Stealing Homeowner's Insurance Win

    A Houston attorney recently threatened with criminal charges over the filing of a document signed by a dead expert witness has been accused in a new suit of representing a homeowner without his consent and stealing his appraisal award.

  • February 26, 2025

    Dentons Hires Ex-DLA Piper Insurance Team And Co-Chair

    Dentons has hired two former DLA Piper partners, including the law firm's insurance co-chair, for its commercial litigation practice in New York.

  • February 26, 2025

    NJ RICO Case Toss Leaves AG Irate, Defense Attys Elated

    The erasure of a massive racketeering indictment against New Jersey power broker George E. Norcross III, politically connected attorneys and others on Wednesday drew a sharp rebuke from Attorney General Matt Platkin while defense attorneys gloated.

  • February 25, 2025

    Insurer Says No Coverage For Atty In $1.4M Bank Scam Suit

    An insurer urged a Connecticut federal court to find that it has no duty to defend or indemnify an attorney accused of participating in a scheme to steal $1.4 million from a New Jersey-based development company, saying the underlying allegations don't trigger the attorney's homeowners policy.

  • February 25, 2025

    Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit 

    An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.

  • February 25, 2025

    Fla. Bill Targets Last-Resort Coverage For Unsafe Condos

    A bill introduced ahead of Florida's 2025 legislative session looks to bar the state's Citizens Property Insurance Corp. from providing or renewing coverage policies for condominiums that fall short of inspection requirements.

  • February 25, 2025

    Ga. County Collected Too Late On Theft Claim, Panel Says

    The Georgia Court of Appeals has stripped a state county of a nearly $350,000 judgment it won from insurer Old Republic Surety Co. to cover a court employee's theft of hundreds of thousands of dollars from the public coffers, ruling the county filed its claim well after the statute of limitations had run.

  • February 25, 2025

    Ex-Allianz Exec Avoids Prison As Massive Fraud Case Wraps

    A Manhattan federal judge on Tuesday allowed a former fund executive from New Jersey to avoid prison for lying to clients of Allianz's U.S. unit, citing his cooperation as the government investigated a fraud that cost the German finance giant $6 billion.

  • February 25, 2025

    Insurers Owe Chubb $3.3M For Safelite Defense Costs

    Two insurers must contribute $1.65 million each toward costs a Chubb unit incurred defending windshield repair company Safelite against a competitor's suit, an Ohio federal court ruled, finding the pair were not prejudiced by breaches of their policies' notice and voluntary payment provisions.

  • February 25, 2025

    8th Circ. Says Mo. Law Bars $60M Asbestos Coverage Suit

    An Eighth Circuit appeals panel affirmed that an insurer could not make arguments in Missouri federal court regarding payment of over $60 million for asbestos litigation because it had been battling its insured "for years" over the same issues in state court.

  • February 25, 2025

    10th Circ. Affirms Falsity Claims Bar Coverage Of HOA Fight

    The Tenth Circuit affirmed that two AIG units need not cover a ski resort's homeowners association and other insureds found liable for trying to induce the owner of resort condo units to pay $15.5 million in fees it didn't owe, pointing to what are known as knowledge-of-falsity exclusions.

Expert Analysis

  • Mental Health Parity Rules: Tips For Plans And Issuers

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    Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Climate Among Many Factors Driving Up RE Insurance Costs

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    A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Fla. Insurer-Breach Cases Split On Unrepaired Property Issue

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    A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • Insurance Likely Kept Swift Out Of The Woods After Vienna

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    Financial losses Taylor Swift incurred from the cancellation of three concerts in Vienna in August will likely be covered by insurance policies, considering how the facts of the situation differ from those of the Foo Fighters' 2015 insurance dispute over event cancellation and terrorism coverage, say attorneys at Anderson Kill.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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