Insurance

  • June 13, 2022

    Insurers Beat Law Firm Clients' File Hacking Claims In Calif.

    A California appellate court has affirmed the dismissal of a suit alleging three insurers hacked into a third-party system used by a law firm and stole thousands of workers' compensation and personal injury files, agreeing that the complaint ultimately failed to allege any actionable injury.

  • June 13, 2022

    6th Circ. Denies Bank Exec's Bid To Review FDIC Penalties

    A split Sixth Circuit panel has denied a petition for review from the former CEO of Northwestern Bank over the Federal Deposit Insurance Corp. removing him from his position, with the majority rejecting his argument that he didn't get a proper hearing.

  • June 13, 2022

    Miss. Court Wrongly Found Intent By Feed Co., 5th Circ. Told

    A manufacturer of animal feed products accused by a Mississippi city of dumping oily, corrosive wastewater into its sewer system urged the Fifth Circuit on Monday to reverse a lower court's determination that Crum & Forster had no defense obligations, arguing that the court read intent into the city's ambiguous allegations.

  • June 13, 2022

    6th Circ. Again Backs Zurich In Eateries' Virus Appeal

    The Sixth Circuit ruled against a group of mostly Midwestern restaurants in their bid for COVID-19 coverage from Zurich American Insurance Co. for the second time.

  • June 13, 2022

    Gay Couple's Class Claims Shrunk In Liberty Mutual Bias Suit

    A gay couple can pursue their individual discrimination case against Liberty Mutual Insurance Co. over a wastewater damage claim, but the couple's ability to seek class action damages was diminished because they canceled their policy before filing their complaint, an Illinois federal judge has ordered.

  • June 13, 2022

    Smartsheet Challenges Chubb's Bid To Limit D&O Coverage

    Smartsheet Inc. urged a Washington federal court to reject a Chubb unit's bid to partially toss its suit seeking coverage of actions related to investors selling shares at a reduced price before the company's initial public offering, arguing that the actions are not related to an earlier claim for coverage.

  • June 13, 2022

    AmeriHealth Faces 3rd Circ. Appeal In False Claims Act Suit

    An actuarial analyst, seeking to revive a False Claims Act lawsuit alleging that AmeriHealth Insurance Co. of New Jersey lied so its plans could go on a health care exchange set up through the Affordable Care Act, told the Third Circuit on Monday that a judge ignored reasonable interpretations of a key U.S. Supreme Court decision.

  • June 13, 2022

    Skin Care Co. Seeks COVID Coverage Suit Revival At 2nd Circ.

    A high-end salon and skin care company told the Second Circuit that a New York federal judge improperly dismissed its COVID-19 coverage suit without considering its experts' reports about damage from the virus.

  • June 13, 2022

    FTC Probing UnitedHealth's $5.4B Home Care Buy

    The Federal Trade Commission has requested more information about UnitedHealth Group unit Optum's $5.4 billion deal for home and hospice care provider LHC Group as the U.S. Department of Justice pushes its bid to block another Optum transaction.

  • June 13, 2022

    Cigna Underpaid Insureds' Claims, Suit Says

    Cigna has been hit with a proposed class action lawsuit in Connecticut federal court by people covered by the insurer who allege that the company breached its fiduciary duties and underpaid their claims, leaving them "exposed to the threat of balance billing."

  • June 13, 2022

    5th Circ. Revives XL's Suit Over $1.7M Dock Mooring Dispute

    The Fifth Circuit overturned a decision against XL Insurance America Inc. in a roughly $1.7 million dispute over a vessel striking a mooring structure, finding that a lower court too strictly applied maritime precedent that generally prevents one from recovering economic losses without physical damage to a proprietary interest.

  • June 13, 2022

    Attys Hit Back At Insurance Brokers In Contract Row

    A pair of attorneys embroiled in a third-party dispute with their insurance brokers asked a New York federal court to toss the brokers' counterclaims for contract rescission, fraud and bad faith, arguing that they're nothing more than "meritless and frivolous" attempts to make the lawyers foot the litigation bill.

  • June 13, 2022

    Rising Star: Covington's Mark Herman

    Mark Herman of Covington & Burling LLP has been instrumental in advising Merck & Co. on securing coverage for its $1.4 billion cyberattack loss, earning him a spot among the insurance law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 13, 2022

    Pa. Judge Tosses Policyholders' Suits Over Stacked Coverage

    A Pennsylvania federal judge tossed two putative class actions accusing a pair of USAA units of defrauding customers when selling stacked uninsured and underinsured motorist coverage to single-vehicle owners, ruling that the proposed class representatives failed to adequately allege that the insurers misrepresented the value of coverage.

  • June 13, 2022

    Goodwin, Herzog Rep Israeli Secondary Shop For $312M Fund

    Investment firm Israel Secondary Fund, guided by Goodwin Procter LLP and Herzog Fox & Neeman, said Monday it had closed on its third fund with $312 million in commitments to help it continue its focus on secondary transactions in Israeli technology companies.

  • June 13, 2022

    Girls School, Insurer Agree No Coverage For Mental Injury Suit

    An insurer doesn't owe coverage to a therapeutic boarding school accused of inflicting emotional distress on its former students, the insurer and school told a Montana federal court in a stipulated declaratory judgment, agreeing that the alleged events occurred before a professional and general liability policy was effective.

  • June 13, 2022

    Justices Spurn Insys Exec's Appeal In Landmark Opioid Case

    The U.S. Supreme Court said Monday it would not hear an appeal by John Kapoor, the founder of Insys Therapeutics Inc., challenging his conviction for orchestrating a scheme to bribe doctors to prescribe a powerful opioid spray.

  • June 10, 2022

    Travelers Seeks To Pin Electrocution Claim On CM Vantage

    The Travelers Indemnity Co. of America said a Wisconsin-based insurer should have to defend a New Jersey property owner and ultimately cover any payouts for a plumbing company employee who said he was electrocuted while fixing a boiler in the basement of an office building.

  • June 10, 2022

    NJ Panel Hands Geico Partial Win In Auto Coverage Row

    A New Jersey appellate panel on Friday upheld a decision to overturn a default judgment against Geico in a dispute over uninsured motorist coverage, although the court will allow a policyholder to amend his complaint to allege bad faith despite Geico's insistence that a settlement was reached.

  • June 10, 2022

    Balwani Can't Get Jury Edge Over Lost Theranos Database

    A California federal judge finalized jury instructions in former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial on Friday, refusing his request to instruct jurors that they can infer that inaccessible Theranos patient-testing data in a missing database is unfavorable to the government's case.

  • June 10, 2022

    Allstate Wants Out Of Defending Rental Driver In Crash Suit

    Allstate Insurance Co. shouldn't have to defend an Idaho resident being sued over a crash in which he was driving a Hertz rental car, the company told a Gem State federal court Thursday.

  • June 10, 2022

    Admiral Claims No Duty To Zurich In Texas Highway Fight

    A construction subcontractor's insurance company asked a Texas federal judge Friday to rule that it has no duty to help Zurich American Insurance Co. defend against arbitration claims that shoddy work caused damage to a state highway that stretches between Austin and San Antonio.

  • June 10, 2022

    Atain Seeks Escape From $2.8M Home Remodeling Claims

    Atain Specialty Insurance told a California federal court that it should have no duty to defend or indemnify two contractors facing a suit seeking approximately $2.8 million in damages over claims of construction defects and delays in a San Diego home remodeling.

  • June 10, 2022

    4th Circ. Says Insurer Not Liable for Virus Losses

    The Fourth Circuit refused to revive a North Carolina Hilton hotel and high-end restaurant operator's suit for COVID-19 pandemic business interruption coverage from The Cincinnati Insurance Co., ruling that the company did not show a physical loss or damage to its property.

  • June 10, 2022

    Ex-Bousquet Holstein Litigator Joins Barclay Damon In NY

    Barclay Damon LLP has added litigator Joe Porcello as a partner to its commercial, intellectual property and insurance practice areas in its Syracuse, New York, office.

Expert Analysis

  • Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

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    Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

  • Breyer's Role In Courthouse Design Sets A Judicial Template

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    As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

  • Ruling Highlights Key Intersection Of 2 Health Benefit Laws

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    The First Circuit’s recent ruling in N.R. v. Raytheon, reviving claims that an insurance plan violated the Mental Health Parity and Addiction Equity Act in denying treatment for autism, shows the statute’s value as a tool for patients — and how the Employee Retirement Income Security Act can be used to litigate such cases, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    Courts Are Right To Reject Insurer ERISA Atty Fee Awards

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    There has been a recent, sharp uptick in insurance companies seeking fees against unsuccessful claimants of Employee Retirement Income Security Act benefits, but this unfair tactic is correctly meeting with little or no success in the courts, says Elizabeth Hopkins at Kantor & Kantor.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • Opinion

    Biden's Supreme Court Nominee Should Have 5 Key Qualities

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    In fulfilling his campaign promise to nominate a Black woman to the U.S. Supreme Court, President Joe Biden should look for candidates with experience as a state trial judge, a background in public education and a few other important characteristics, says Benes Aldana, president of The National Judicial College.

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Rebuttal

    Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • Strategies For Coping With Stress In The Legal Profession

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    Attorneys should explore certain fast, accessible strategies for stress management, as unexpected stressors from work obligations increase at the beginning of the year and are only heightened by improvements in technology and an accelerated flow of communication, says David Kouba at Arnold & Porter.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Rebuttal

    Trucking Cos. Need Stronger Insurance To Protect Public

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    A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

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