Insurance

  • May 16, 2023

    Insurer Says Exclusion, $6M Threshold Bar Oil Spill Coverage

    An oil pipeline operator's excess insurer urged a Texas federal court to find the company can't get coverage for a crude oil spill that flowed into a river, arguing Tuesday that the company didn't meet its $6 million coverage threshold and a pollution endorsement would bar coverage regardless.

  • May 16, 2023

    Holmes Ordered To Prison, Hit With $452M Restitution

    In twin legal blows to ex-Theranos CEO Elizabeth Holmes on Tuesday, the Ninth Circuit rejected her request to remain free pending the outcome of her appeal challenging her investor-fraud conviction and 11-year prison sentence, and the trial judge found Holmes and co-conspirator Ramesh "Sunny" Balwani jointly owe investors $452 million restitution.

  • May 16, 2023

    La. Property Owner Says Bad Faith Claim Can't Be Arbitrated

    The owner of a group of properties in a New Orleans suburb urged a federal court to deny a bid by Lloyd's of London underwriters to arbitrate its claim for millions of dollars' worth of hurricane damage, saying its bad faith and damages claims fall outside the arbitration clause.

  • May 16, 2023

    Union Fund Trustees Say Anthem Should Face ERISA Suit

    The trustees of two union health care funds have asked a Connecticut federal judge to preserve their allegations that Anthem Health Plans Inc. used the funds' money to overpay itself for administrative services and medical providers for patient care while withholding data that would have revealed it was doing so.

  • May 16, 2023

    Insurer Says No Coverage For PI In Eavesdropping Suit

    Crum & Forster Specialty Insurance Co. told an Illinois federal court Tuesday that it doesn't owe coverage to a private investigator over an underlying suit accusing the company of illegally violating a married couple's privacy.

  • May 16, 2023

    Financial Firm Says Ex-Exec Isn't A True SEC Whistleblower

    A financial firm established for the nation's largest firefighters union urged a Boston federal court Tuesday to toss a former executive's suit accusing it of seeking kickbacks from an investment planner, arguing he does not qualify as a "whistleblower" under the Dodd-Frank Act.

  • May 16, 2023

    Kaiser Settles EEOC Suit Over Lab Tech's Harassment Claims

    Kaiser Foundation Health Plan will pay $140,000 to a lab worker who said she endured a racially hostile workplace for months as part of a deal to settle a U.S. Equal Employment Opportunity Commission suit, according to an agreement approved Monday by a Washington federal judge that also mandates Kaiser beef up its policies protecting workers from racial harassment, retaliation and unfair treatment.

  • May 16, 2023

    Insurer Says No Coverage For Everglades Boat Collision Suit

    An insurer told a Florida federal court it doesn't owe coverage to an Everglades airboat tour company for an underlying suit alleging that negligence caused a crash between two airboats, telling the court the company's policy was canceled for nonpayment before the incident.

  • May 16, 2023

    Progressive Loses Bid To Label Crashes As 1 Accident

    An Alabama federal judge rejected Progressive's attempt to end a coverage dispute with a motorist involved in a pair of auto collisions that left him seriously injured, finding the crashes to be separate occurrences that could earn stacked coverage.

  • May 16, 2023

    Nationwide Says $1M Hailstorm Suit Allegations 'Threadbare'

    Nationwide General Insurance Co. asked a Texas federal judge to give it a pretrial win in a suit from a San Antonio property owner, arguing the $1 million hailstorm case contains "threadbare allegations" that don't meet federal pleading standards.

  • May 16, 2023

    Investment Adviser Rips SEC's Insurance Annuity Power Grab

    The U.S. Securities and Exchange Commission has gone too far in an enforcement action seeking to extend its authority to sales of insurance products, according to a Massachusetts investment adviser and insurance broker seeking dismissal from the civil suit.

  • May 16, 2023

    Insurer Wants Smart-Tech Co.'s Suit Sent To Arbitration In UK

    An insurance company is asking a California federal judge to send a denial-of-coverage lawsuit from a smart-tech company to arbitration, citing an arbitration requirement in the policy at issue and adding that U.K. courts should have jurisdiction.

  • May 16, 2023

    State Farm Seeks Dismissal Of Insurance Discrimination Suit

    A State Farm subsidiary is looking to escape a proposed class action alleging the insurer discriminates against Black policyholders by using an algorithmic decision-making tool, arguing the policyholders failed to state a claim and the suit is barred by the McCarran-Ferguson Act.

  • May 16, 2023

    Carrington Coleman Adds Clark Hill Litigation Vet In Dallas

    North Texas law firm Carrington Coleman Sloman & Blumenthal LLP has added a seasoned litigator with substantial public entity experience who came aboard in Dallas after nearly three decades at Clark Hill PLC, the firm announced Tuesday.

  • May 16, 2023

    NJ Suit Says Travelers Underpaid Auto Injury Coverage

    A New Jersey resident is accusing Travelers Indemnity Co. in a proposed class action of underpaying mandatory minimum personal injury coverage benefits to auto policyholders in the state.

  • May 16, 2023

    Storm Victim Fights Marketer's Bid To Duck Hurricane Suit

    A Louisiana hurricane victim has told a Texas federal court that a legal marketing company cannot wiggle out of her proposed class action over its purported role in an alleged scheme to solicit clients for an embattled law firm, saying the business is subject to Texas law even if the would-be clients were in the Pelican State.

  • May 15, 2023

    Jury Sides With Insurer In Detroit Smoke Shop's Fire Case

    A Michigan federal jury found in favor of State Farm Fire & Casualty Co. on Monday, denying a Detroit smoke shop's claim for at least $90,000 in losses following a June 2018 fire, finding the blaze wasn't accidental and thus not entitled to coverage.

  • May 15, 2023

    5th Circ. Temporarily Lifts ACA Preventive Care Mandate Block

    The Fifth Circuit on Monday stayed a Texas judge's controversial ruling that blocked the government from enforcing an Affordable Care Act provision requiring insurance coverage for many preventive treatments — including cancer and diabetes screenings and pregnancy and postpartum care — pending the outcome of its appeal.

  • May 15, 2023

    2nd Circ. Backs Denial Of Fees For Former PixarBio Attys

    The Second Circuit on Monday agreed with a New York federal court that a pair of attorneys can't recover fees for their work representing PixarBio Corp. in a U.S. Securities and Exchange Commission probe, noting that the SEC was also looking into the lawyers at that time.

  • May 15, 2023

    Pa. Court Clears Couple In Murder Weapon Handoff Case

    A couple's handling of the weapon their son allegedly used to murder another man can't form the basis of an emotional distress damages suit over the mistreatment of a corpse, a Pennsylvania appellate court ruled Monday, saying the couple never physically touched the body of the plaintiff's son.

  • May 15, 2023

    Fla. Travelodge Sues Insurer Over $1M Coverage Denial

    A Travelodge franchise hotel owner's breach of contract suit seeking more than $1 million for property damage suffered during a wind and hail event has been moved to Florida federal court by its insurer, which claims the policy contains a deductible provision excluding such coverage.

  • May 15, 2023

    Untimely Notice Dooms Co.'s Coverage Bid Over Land Dispute

    EMCASCO Insurance Co. and Employers Mutual Casualty Co. have no duty to defend or indemnify a company and its owner over a land encroachment dispute, an Arkansas federal court ruled, finding their claim notice came too late.

  • May 15, 2023

    Flooded Facility Can't Exclude Insurers' Experts In $108M Suit

    An Indiana federal judge decided before a Tuesday trial in a $108 million flood insurance case to limit the testimony of a manufacturing facility's witness, but held off on excluding insurers' expert who saw confidential mediation documents, saying he would "address any appropriate sanction" at an evidentiary hearing.

  • May 15, 2023

    Insurer Wants Investment Company's Coverage Suit Tossed

    An insurer continued to urge an Illinois federal court to toss an investing company's coverage fight over an underlying suit the company has against its manager, saying a recent order in the underlying matter confirms the company's claims in the coverage spat have no legal basis.

  • May 15, 2023

    5th Circ. Affirms Class Cert. In Geico Total-Loss Suit

    A certified class of policyholders can proceed with their suit accusing Geico of underpaying the actual cash value of their totaled vehicles, the Fifth Circuit ruled, finding that classwide treatment is proper despite differences in the amounts of so-called purchasing fees the policyholders say the insurer owes them.

Expert Analysis

  • The Wide Oversight Implications Of Del. McDonald's Ruling

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    The Delaware Chancery Court's recent ruling that a McDonald's officer had oversight obligations on par with directors has wide-reaching implications for Delaware corporate law, including precedent for the court to hear sexual harassment claims, say attorneys at Fried Frank.

  • How Courts Are Clarifying D&O Policies' Bump-Up Provisions

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    The Seventh Circuit's recent decision in Komatsu Mining v. Columbia Casualty provides long-awaited appellate guidance on the inadequate consideration provision in directors and officers insurance — and the Fourth Circuit may provide more in its forthcoming ruling in Towers Watson v. National Union Fire Insurance, says Andrew Paliotta at Cozen O’Connor.

  • Atty Conflict Discussions In Idaho Murder Case And Beyond

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    A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

  • Why General Liability Carriers Are Wary Of SEC Climate Rule

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    The U.S. Securities and Exchange Commission's proposed rule to require companies to formally report climate change risks could come into play in five areas that should be concerning to companies and their general liability insurers, says Eric Scheiner at Kennedys.

  • Why The Original 'Rocket Docket' Will Likely Resume Its Pace

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    Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.

  • Crypto Coverage After FTX Fall: Crime And Custody Coverage

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    Cryptocurrency firm FTX's recent implosion provides a case study for potential crypto exposure under traditional insurance policies, and suggests carriers should ask some basic underwriting questions, including whether a company engages in transactions involving cryptocurrencies or holds digital assets in custody, says Anjali Das at Wilson Elser.

  • The Discipline George Santos Would Face If He Were A Lawyer

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    Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

  • Opinion

    Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

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    A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • Crypto Coverage After FTX Fall: Accountant And Atty Liability

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    The recent fall of cryptocurrency firm FTX highlights complexities regarding accounting and tax reporting for digital assets, and reveals lawyers’ potential liability exposure when providing services to crypto firms — as a result, insurers may face unintended vulnerabilities related to this nebulous landscape, say Anjali Das and Farzana Ahmed at Wilson Elser.

  • Opinion

    9th Circ. Should Rethink Inadequate UBH Ruling

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    The Ninth Circuit should seriously consider rehearing Wit v. United Behavioral Health en banc because its recent claims reprocessing decision in the case raises troubling questions about the future of Employee Retirement Income Security Act's class actions, says Mark DeBofsky at DeBofsky Law.

  • Anticipating Tech Market Volatility With R&W Policies

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    Technology executives, investors and their advisers should understand how representations and warranties insurance works ahead of a potential rise in claims activity and as deal makers focus on maximizing existing deals' value amid economic uncertainty, says Eric Larson at Morris Manning.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

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