Insurance

  • January 18, 2022

    Justices Asked Not To Review Medical Pot Reimbursements

    A unit of the Hartford Financial Services Group has asked the U.S. Supreme Court to deny hearing an appeal over whether medical marijuana expenses should be reimbursed, saying this was neither the right case nor the right time for the high court to take up the issue.

  • January 18, 2022

    Sutter Calls Class' Bid For Chief Judge Intervention 'Improper'

    Sutter Health said Monday that it was "improper" for a class of insurance buyers to ask the chief judge of the Northern District of California to confer with a magistrate judge about whether, after a decade of litigation over the health system's allegedly anti-competitive practices, a trial should proceed soon.

  • January 18, 2022

    Insurer Fights NC Theaters' 7th Circ. Virus Coverage Appeal

    A Tokio Marine unit argued Tuesday that the Seventh Circuit correctly dismissed a COVID-19 coverage appeal last month and should do so again in a separate case from a North Carolina movie theater chain.

  • January 18, 2022

    Contractor Can't Ditch Insurer's Hotel Project Coverage Suit

    A Georgia federal court refused Tuesday to let a North Carolina-based general contractor escape an insurer's bid to wash its hands of any obligation to provide coverage to the contractor and another company for underlying disputes alleging $2.2 million of construction defects at a hotel.

  • January 18, 2022

    Insurer Sues Dehumidifier Manufacturer For Fire Damages

    An insurer says it is entitled to recover damages from an appliance manufacturer and its subsidiaries for a fire caused by a dehumidifier that they produced and sold despite knowing that the product was defective and dangerous, according to a suit filed in Wisconsin federal court Tuesday.

  • January 18, 2022

    Consultancy Asks 5th Circ. To Revive Virus Coverage Suit

    A business consultancy and a property management company asked the Fifth Circuit to revive their COVID-19 coverage suit against an Allianz unit, arguing that their policy contains a communicable diseases provision not often found in standard commercial insurance policies.

  • January 18, 2022

    Fla. Hospital Worker Gets $4M In T-Bone Accident Suit

    A Florida jury has awarded more than $4 million to a hospital employee whose vehicle was T-boned by another driver on his way to work in February 2018, more than 25 times what the other driver's insurers had offered to settle, according to the plaintiff's attorneys.

  • January 18, 2022

    9th Circ. Revives $8.6M Reimbursement Suit Against Cigna

    The Ninth Circuit ruled that a lower court erred when it tossed a lawsuit accusing Cigna of violating federal benefits law by denying $8.6 million worth of reimbursement requests for out-of-network mental health and substance abuse treatment from a health care provider that went bankrupt, finding that a corporate successor had a green light to sue. 

  • January 18, 2022

    5th Circ. Clears Insurer In $20M Magnet Injury Settlement

    News reports a toy company sent to its excess insurer detailing a toddler's severe injuries after he ingested magnetic toys do not count as a timely insurance claim under the company's policy, the Fifth Circuit ruled.

  • January 18, 2022

    Akerman Appeals Counsel DQ In Medicare Repayment Row

    Akerman LLP told a Florida state appeals court Tuesday that a lower court ruled without basis when it disqualified Gunster from defending Akerman against a bid for its own disqualification as counsel to United Services Automobile Association in a case over Medicare secondary-payer claim reimbursements.

  • January 18, 2022

    No New Trial For Restaurant Group In COVID Coverage Row

    A Missouri federal judge denied a Midwest restaurant operator's bid for a new trial against Cincinnati Insurance Co. for coverage of pandemic-related losses, rejecting on Tuesday the company's argument that the jury was improperly instructed.

  • January 18, 2022

    USW Workers Want Class Cert. In Benefits Termination Suit

    A group of retired United Steelworkers members asked an Indiana federal judge to certify a class in their lawsuit claiming their former employer, a Pittsburgh aluminum manufacturer, illegally terminated their life insurance.

  • January 18, 2022

    Judge Had Exxon Stock While Overseeing Case, Insurer Says

    An insurance company urged the Second Circuit to back its appeal of a $25 million arbitration award for a coverage dispute against ExxonMobil Oil Corp., arguing that a lower court's decision should be vacated as the district judge who ruled in favor of the oil company also owned its stock while presiding over the case.

  • January 18, 2022

    11th Circ. Backs Liberty Mutual Win Over Hotelier's Virus Suit

    A Georgia-based hotel operator isn't entitled to coverage for its pandemic losses from a Liberty Mutual unit, an Eleventh Circuit panel decided, upholding a finding that the operator didn't claim any physical loss required for coverage.

  • January 18, 2022

    Norton Rose Avoids DQ In $340M COVID Coverage Suit In NY

    Norton Rose Fulbright will not be disqualified from representing an insurer against global research firm Gartner Inc. in a $340 million dispute over COVID-19 event cancellation coverage after a New York federal court found a conflict involving Gartner and Norton Rose isn't enough to boot the law firm.

  • January 18, 2022

    Justices Will Not Review Lloyd's Arbitration Fight

    The U.S. Supreme Court will not review a Ninth Circuit decision permitting a group of British insurance underwriters to force arbitration of a dispute over coverage for property damage caused by Hurricane Harvey despite a state law barring the arbitration of such feuds.

  • January 14, 2022

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its 2021 Practice Groups of the Year awards, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 14, 2022

    The Firms That Dominated In 2021

    Nine law firms have earned spots as Law360's Firms of the Year, with 52 Practice Group of the Year awards among them, having steered complex deals and won high-profile victories including at the U.S. Supreme Court.

  • January 14, 2022

    Judge Sets Early Mediation For Surfside Collapse Defendants

    A week after reluctantly agreeing to push back the trial date in the proposed class action brought by victims of the June collapse of a Surfside, Florida, condominium tower, a state judge took steps Friday to encourage an earlier resolution by setting mediation deadlines for the various defendants.

  • January 14, 2022

    War Exclusion Doesn't Bar Merck's $1.4B Cyber Loss

    Property policies' war exclusions do not apply to cyberattacks, a New Jersey state court ruled, siding with pharma giant Merck & Co.'s stance that its insurers cannot assert the exclusion to avoid coverage of its more than $1.4 billion losses from a 2017 cyberattack.

  • January 14, 2022

    NFT Thefts Leave Experts Wondering How To Insure The Asset

    The buzz surrounding NFTs has many legal experts speculating how these digital assets might be insured as more and more are stolen, raising questions about where the value lies and how it could be quantified in the volatile marketplace.

  • January 14, 2022

    401(k) Plan Trustees Get Class Cert. In Foreign Tax Credit Row

    A Florida federal judge certified a class of employee retirement plan administrators Friday in a suit accusing a life insurance company of improperly benefiting from $100 million in foreign tax credits and failing to pass along the funds.

  • January 14, 2022

    Attys Say State High Courts Should Weigh COVID Issues

    COVID-19 coverage issues should continue to be sent to the highest courts in each state instead of being decided piecemeal by federal courts, policyholder attorneys told Law360 on the same day that the Seventh Circuit heard four more cases over denied insurance coverage for losses during the pandemic.

  • January 14, 2022

    Medical Practice Says Union Owes $576K For COVID-19 Tests

    A Connecticut medical practice has hit a health care union with a federal lawsuit accusing it of failing to reimburse the company for roughly $576,000 worth of COVID-19 testing for union members, saying the union has ignored outreach attempts and paid a fraction of what's owed.

  • January 14, 2022

    Allied Wants Win In $3M Water Facility Damage Suit

    Allied World Assurance Co. told a Florida federal court that it is entitled to recover more than $3 million from Travelers Property Casualty Co., saying the insurer breached an "all risk" policy when it denied coverage to a contractor for losses sustained during a water treatment plant project.

Expert Analysis

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • Opinion

    9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

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    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Mental Health Parity Act: A Compliance Wake-Up Call

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    Recent developments, including the U.S. Department of Labor’s settlement with UnitedHealth, suggest that the DOL is taking a renewed and more aggressive approach to enforcing the Mental Health Parity and Addiction Equity Act, say Tim Kennedy and Anne Hall at Hall Benefits Law.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Opinion

    Subpoena Defense Cost Ruling Gets Insurance Law Wrong

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    A Connecticut federal court's recent decision that National Union Fire Insurance Co. of Pittsburgh didn't need to cover defense costs for a power utility's response to a grand jury subpoena included two crucial mistakes that contravene long-standing insurance law principles, say attorneys at Hunton.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Roundup

    Insurance Commissioner's Agenda

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    State insurance commissioners discuss their enforcement and regulation priorities in this Expert Analysis series.

  • Takeaways From DC Circ. Medicare Overpayment Ruling

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    The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

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