Insurance

  • June 16, 2022

    NFL's GC Testifies To Fake Insurance Calls In $63M Fraud Trial

    The National Football League's general counsel took the stand Thursday in a $63 million health care fraud trial against a Long Island medical biller, telling jurors he was impersonated on phone calls with NFL insurance processors.

  • June 16, 2022

    Icahn-Related Funds Say Servicer Hid $62M Trust Losses

    Two funds affiliated with activist investor Carl Icahn accused the servicer of a trust that owned a Nevada mall of manipulating appraisals to obscure losses and keep the investors from gaining control, eventually leaving the trust short $62.2 million.

  • June 16, 2022

    NFIP Experts Urge Senators To Mitigate Flood Risks

    Reauthorizing the National Flood Insurance Program and enacting reforms that mitigate flood risks and address the properties at highest risk of flooding were some of the top priorities for experts invited to testify to a U.S. Senate committee Thursday. 

  • June 16, 2022

    Ark. Warehouse Says Insurer Must Cover Storm Damage

    The owner of an Arkansas warehouse said Owners Insurance Co. wrongfully denied nearly $2 million in storm damage coverage, arguing in a complaint filed Wednesday the insurer had no legal or factual reason to refuse payment under its "all-risks" policy.

  • June 16, 2022

    Aetna Urges 1st Circ. To Toss Conformis Defamation Suit

    Aetna asked the First Circuit to affirm its win over medical device company Conformis’ suit alleging Aetna defamed the company in violation of state law by denying coverage for its knee implants, telling the court it based its denial off scientific evidence, not malice.

  • June 16, 2022

    Amtrak's Insurers Aim To Cap Tunnel Rebuilding Coverage

    It is too soon to decide Amtrak's suit for additional coverage beyond the $125 million it has already received for flood damage to the Hudson Tunnel after Superstorm Sandy, excess insurers told a New York federal court, saying there are still material issues of fact that need to be resolved.

  • June 16, 2022

    Ill. Panel Won't Revive Restaurant Group's Virus Loss Suit

    An Illinois appellate panel refused to revive a New York restaurant group's suit seeking COVID-19 pandemic-related insurance coverage from Zurich American Insurance Co., finding in an order issued Wednesday that an amended pleading would not have changed the lower court's ruling.

  • June 16, 2022

    Insurer Loses Bid To Limit Boston Hotel's Virus Losses

    A California federal judge rejected Endurance American Specialty Insurance's attempt to limit its coverage of COVID-19-related losses to the operator of the Boston Marriott Long Wharf, the site of one of the pandemic's first major "super-spreader" events.

  • June 16, 2022

    CVS Can't Force Drug Pricing Suit Into Arbitration

    A Rhode Island federal judge denied CVS' bid to force into arbitration one of several suits by insurers accusing it of fraudulently inflating drug reimbursement rates, rejecting the pharmacy chain's argument that those claims are subject to a recently discovered arbitration agreement.

  • June 16, 2022

    ​​​​​​​NJ Panel Nixes State Farm's Win In Delayed Surgery Dispute

    A New Jersey state appeals court ruled Thursday that a lower court erred when it found that state law foreclosed a State Farm policyholder's claims that the insurer's delays in approving an MRI and surgery following his car accident caused him to suffer permanent, exacerbated injuries.

  • June 16, 2022

    AmGuard Says Poor Construction Worsened McDonald's Fire

    AmGuard Insurance Co. said in a lawsuit that careless work by a contractor hired to rebuild the exterior of a Northern Virginia McDonald's caused a fire that began in the mulch outside the restaurant to spread up to the roof, resulting in over $2.1 million in damage.

  • June 16, 2022

    Tokio Marine Unit Notches $4M Win On Construction Bond

    A Hawaii federal judge granted summary judgment to a Tokio Marine unit on its $4 million breach of contract claim against a subcontractor that refused to pay out under a surety bond, finding that the subcontractor forfeited its main line of defense by failing to post collateral.

  • June 16, 2022

    AAA Units Ink Deal To End Workers' 401(k) Plan Suit

    Two American Automobile Association subsidiaries reached a settlement to resolve a proposed class action accusing the car insurance and roadside assistance organizations of saddling their 401(k) plan with excessive fees, according to a filing in North Carolina federal court.

  • June 16, 2022

    Rising Star: Steptoe & Johnson's Johanna Dennehy

    Steptoe & Johnson LLP of counsel Johanna Dennehy has played a leading role in The Hartford's COVID-19 widespread business interruption lawsuits, crafting broad strategy and personally securing summary judgments and dismissals, earning her a spot among the insurance attorneys under age 40 honored by Law360 as Rising Stars.

  • June 16, 2022

    AIG Unit Says No Coverage For Pet Store's BIPA Suit

    An AIG unit told a Michigan federal court it doesn't owe coverage to a pet supply store for a putative class action accusing the company of violating Illinois' Biometric Information Privacy Act, saying the claims are not covered under a commercial general liability policy.

  • June 15, 2022

    Truck Insurer 'Jumped The Gun' With Suit, Judge Told

    Federated Mutual Insurance Co. asked a North Dakota federal judge to dismiss a coverage suit over the death of a construction worker killed by a dump truck, arguing Wednesday that Great West Casualty Co. "jumped the gun" with its suit.

  • June 15, 2022

    'Dam Has Broken' With New Orleans Biz's Virus Coverage Win

    Policyholder attorneys felt vindicated Wednesday by a Louisiana appellate panel ruling that sided with a New Orleans restaurant in a COVID-19 coverage suit, with one saying it broke the dam for other appellate courts to agree the presence of the virus causes physical loss or damage to property.

  • June 15, 2022

    Insurer Won't Defend Pet Supplies Chain In BIPA Violation Suit

    An Illinois insurer said it shouldn't have to defend a pet supplies retail chain in an ex-employee's proposed privacy class action, telling a Michigan federal court Wednesday that the claims are either not covered or explicitly excluded in the company's insurance policy.

  • June 15, 2022

    Insurer Asks 5th Circ. For Escape From Water Supplier's Suit

    Allied World Specialty Insurance Co. urged the Fifth Circuit Wednesday to reverse a Texas federal court and find that a contractual liability exclusion bars coverage for claims that board members of a water supplier made a bad land deal, causing losses of over $1 million.

  • June 15, 2022

    ​​​​​​​4th Circ. Asked To Nix Prudential's Win In Web Domain Fight

    The Fourth Circuit should reverse Prudential's cybersquatting suit win against a Chinese company that registered a domain name identical to the insurance giant's trademark, the company and its owner said, arguing a lower court judge leaped to conclusions about the company's motives for buying the website.

  • June 15, 2022

    Insurers Should Pay For Medical Pot In New Mexico, Suit Says

    New Mexico residents who pay out of pocket for medical marijuana to treat behavioral and mental health disorders are suing several insurance companies in state court, saying it's the insurers who should foot the bill.

  • June 15, 2022

    11th Circ. Rules Boat Engine Failure Not Covered By Policy

    A boat owner isn't entitled to coverage for losses from a catastrophic engine failure under its "all risks" insurance policy because it failed to show that an external event caused the breakdown, the Eleventh Circuit affirmed Wednesday.

  • June 15, 2022

    Lakers Ask Court Not To Flip On Virus Coverage Claim

    The Los Angeles Lakers pushed back against a Chubb unit's effort to have a California federal court change its mind on the one COVID-19 related insurance claim from the team it let move forward, arguing a recent ruling does not change the facts of the case.

  • June 15, 2022

    4th Circ. Affirms Chubb Unit's Virus Coverage Win

    The Fourth Circuit declined to reverse a Maryland federal judge's decision against a car auction company seeking coverage from a Chubb unit for its losses during the COVID-19 pandemic.

  • June 15, 2022

    Kobe Bryant's Academy, Insurer Drop Workers' Comp Fight

    Kobe Bryant's basketball academy and its insurer have asked the Ninth Circuit to dismiss their appeal to reopen a settled lawsuit over the 2020 helicopter crash that killed the basketball star and eight others that sought to recoup workers' compensation paid to a deceased academy employee.

Expert Analysis

  • A Workers' Comp. Defense Refresher For Georgia Employers

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    With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.

  • Group Plan Questions After Telehealth Coverage Extension

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    The recently enacted Appropriations Act extends a pandemic-era provision allowing health benefit plans to provide predeductible coverage for telehealth services, but without more permanent guidance from the IRS or Congress, key questions remain about retroactive liability and long-term solutions, say attorneys at King & Spalding.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Takeaways From Holmes' Unsuccessful Trade Secret Defense

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    The recent criminal fraud conviction of former Theranos CEO Elizabeth Holmes offers some lessons about the contours of invoking the purported need to protect company trade secrets and what is — and is not — entitled to legitimate protection, say attorneys at Baker McKenzie.

  • Opinion

    9th Circ.'s Hasty UnitedHealth Reversal Is Disappointing

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    The Ninth Circuit’s recent decision to overturn a ruling that ordered a UnitedHealth subsidiary to reassess thousands of behavioral health benefit claims treats the district court’s detailed findings with surprising haste and is open to serious question that cries out for en banc review, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • Preparing For New Mandatory Cyber Reporting Rules

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    The requirements of a new federal law mandating cyber incident reporting for critical infrastructure will not become operational for several months, but affected companies should begin assessing whether their response plans incorporate critical policies and procedures to ensure compliance, say Steven Stransky at Thompson Hine and Lacy Rex at Oswald Companies.

  • Emerging Economic Effects From Russia-Ukraine War

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    While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • How Law Schools Can Navigate Toward Equity And Inclusion

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    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

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