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April 11, 2024
UnitedHealth Patients' Addiction Coverage Suit Revived, Again
The Ninth Circuit on Thursday revived for the second time a proposed class action accusing UnitedHealth of wrongly rejecting coverage for outpatient substance use disorder treatments in violation of federal benefits law, finding the plaintiff plausibly alleged the insurer employed an excessively strict review process for those claims.
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April 11, 2024
Judge Invalidates Software Patents Over Generic Parts
A Nebraska federal judge ruled Thursday that agricultural software developer AGI Suretrack's claims for a series of software hardware patents were too abstract to be valid.
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April 11, 2024
Energy Co. Says Insurer Can't Execute $21M Death Settlement
A Berkley unit should be barred from executing a $21 million policy-limit settlement demand in a wrongful death suit, an energy company facing a separate suit told a Texas federal court, saying it will be left without coverage for a competing settlement demand if the insurer exhausts its policy limits.
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April 11, 2024
Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit
A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.
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April 11, 2024
Insurer Drops Suit After Evidence Clears Stihl In Fire Case
Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.
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April 11, 2024
Syracuse Diocese Told Its Ch. 11 Plan Needs More Work
A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.
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April 11, 2024
11th Circ. Says Insurer Owes Defense In Home Damage Suit
A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.
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April 11, 2024
Insurer Says Firm Not Covered For Bogus Check Scheme
An insurance firm has filed a complaint in Washington federal court seeking a declaration that it doesn't owe coverage to a Seattle-area firm and its sole attorney, who are embroiled in litigation with a bank after the firm fell prey to a counterfeit check scheme.
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April 11, 2024
$24M Hidden Fee Deal Between Class, AIG Units Gets 1st OK
A California federal court granted preliminary approval of a nearly $24 million settlement between a class of travel insurance buyers and several AIG units resolving claims that the companies stacked hidden fees on top of insurance travel premiums.
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April 11, 2024
6th Circ. Orders Redo In Brokerage's Trade Secrets Row
The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them.
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April 11, 2024
Latham, Goodwin Lead Nursing-Care Co.'s Upsized $450M IPO
Nursing-care provider PACS Group Inc. will begin trading Thursday after it raised an upsized $450 million initial public offering within its price range late Wednesday, selling more shares than originally expected, represented by Latham & Watkins LLP and underwriters' counsel Goodwin Procter LLP.
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April 10, 2024
DOJ Hits Regeneron With False Claims Act Suit Over Eylea
The federal government has brought a False Claims Act intervenor complaint in Massachusetts against Regeneron, alleging the pharmaceutical giant fraudulently withheld information from its Medicare reports seeking reimbursement for its drug Eylea, the U.S. Department of Justice announced Wednesday.
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April 10, 2024
BDO Fights SEC's 'Misdirected' Call For 2nd Circ. Rehearing
BDO USA LLP is urging the Second Circuit not to reconsider a decision that freed the firm from private litigation over AmTrust Financial Services Inc.'s financial restatements, saying the court should not heed "misdirected concerns" from the U.S. Securities and Exchange Commission about the ruling's supposed impact on shareholders' ability to sue public company auditors.
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April 10, 2024
La. Top Court Asked To Hear Insurance Arbitration Questions
The Louisiana Supreme Court should examine the enforceability of arbitration clauses in certain insurance contracts as lawsuits seeking coverage for hurricane damage mount, a Louisiana district court said, certifying a series of questions to the state high court after the Fifth Circuit found they were enforceable.
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April 10, 2024
Milliman Tells Trial Judge It Has No Liability For 401(k) Losses
Milliman Inc. said its directors had a limited duty related to alleged risky investments in employee retirement plans because responsibilities were delegated to a committee, in response to the Seattle federal judge who questioned during a trial's closing arguments Wednesday why the board "really didn't do much of anything."
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April 10, 2024
Ex-Art Institutes Execs Want Insurers To Avert $336M Suit
Former executives of a holding company that bought now-defunct for-profit colleges Argosy University, South University and The Art Institutes asked an Ohio federal court to force excess insurers to settle receivership claims before the pair are formally accused of leaving a $336 million debt in their wake.
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April 10, 2024
Deported Man Can't Undo Fraud Conviction After Feds' Error
A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.
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April 10, 2024
Insurer Slams 'Price-Gouging' Doctor's COVID Billing Suit
Health plan administrator United Medical Resources Inc. fired back at a doctor's $783,000 suit claiming that he and his practice firms were shortchanged for COVID-19 testing services, with multiple counterclaims alleging that the doctor billed for unnecessary extra testing and put in claims for services that were never rendered.
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April 10, 2024
Honeywell Sues Insurer For $8.75M Performance Bond
A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.
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April 10, 2024
'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage
One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic
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April 10, 2024
6th Circ. Says Firm Owes Insurer Part Of Defense Bill
A financial advisory firm's professional liability insurer had no duty to defend the company in underlying securities suits after underlying plaintiffs removed their common law violations, the Sixth Circuit ruled, further allowing the insurer to be reimbursed for some of its defense costs.
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April 10, 2024
NJ Law Firm Not Covered In Malpractice Suit, Insurer Says
A law firm in Princeton, New Jersey, is not owed coverage of a malpractice action alleging one of its attorneys misappropriated the assets of a client's husband, the firm's insurer argued, telling a federal court the firm knew of the underlying legal claims before its policy's inception.
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April 10, 2024
Feds Cleared To Use Undercover Recording In Atty's Tax Trial
Federal prosecutors trying an attorney next week on charges he orchestrated a tax fraud scheme that spanned seven states will be allowed to play for the jury an audio recording made by an undercover agent, a North Carolina federal judge ruled.
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April 10, 2024
Liberty Mutual Says Former Star Sales Rep Poached Clients
A former high-performing sales representative for a Liberty Mutual Group Inc. subsidiary violated nonsolicitation and nondisclosure agreements when he left to start his own competing agency, the insurer alleged in a Massachusetts state court complaint.
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April 10, 2024
Ex-Trump Finance Chief Weisselberg Jailed For Perjury
A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.
Expert Analysis
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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ERISA Litigation Faces New Frontiers In 2024
As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Consider A Key Insurance Tool For Environmental M&A Deals
Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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Opinion
Policyholders Must Object To Insurer Reorganizations
When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.