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Insurance
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September 12, 2024
RealPage Win On Phishing Recovery A Policyholder Boon
A federal judge's holding that an AIG unit cannot lay claim to RealPage's recoveries of phishing losses that it did not originally insure is a win for policyholders as disputes over cyber loss coverage and related subrogation become more common, experts told Law360.
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September 12, 2024
Sedgwick Lands PE Investment At $13.2B Enterprise Value
Sedgwick, an insurance claims management provider, announced Thursday that it has landed an investment from private equity firm Altas Partners at a $13.2 billion enterprise value, in a deal crafted by Latham & Watkins LLP and Kirkland & Ellis LLP.
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September 12, 2024
Lawmakers Urged To Reopen UK Whiplash Injury Portal Probe
A trade body for personal injury firms has called for MPs to reopen a parliamentary inquiry into the impact on claimants of a new online portal for insurance compensation for whiplash injuries to the neck.
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September 12, 2024
Aetna Sued For Not Covering Gender-Affirming Facial Surgery
Aetna Life Insurance Company violates bias prohibitions in federal healthcare law by categorically excluding coverage for gender-affirming facial reconstruction surgery, three transgender women claim in a proposed class action in Connecticut federal court.
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September 12, 2024
Digital Media Solutions Hits Ch. 11 With Plans To Sell
Digital advertising firm Digital Media Solutions filed for Chapter 11 protection in a Texas bankruptcy court with eyes toward a sale process that would have its prepetition lenders acting as lead bidders for a proposed auction.
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September 12, 2024
Lloyd's To Overhaul Rules In Crackdown On Misconduct
Lloyd's of London on Thursday floated new rules to tackle non-financial misconduct after the specialist insurance market suffered reputational damage from accusations of misogyny and bullying.
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
Lloyd's Sued For $3.7M Over Cargo Ship Damaged In Ukraine
An investment and wealth advisory business has sued Lloyd's of London's Belgian unit for over $3.7 million to cover its alleged losses after a cargo ship was damaged by a mine strike in Ukraine.
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September 11, 2024
Hurricane Francine Forecast To Result In $1B Insured Losses
Insurers will probably take a hit of more than $1 billion hit Hurricane Francine, broker Arthur J. Gallagher has said, as the hurricane was expected to make landfall in Louisiana Wednesday afternoon.
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September 11, 2024
Jones Day Litigators Jump To Holland & Knight In Mexico City
Holland & Knight LLP has hired two lawyers from Jones Day for its Mexico City office, where they will handle a sharp increase in litigation and arbitration cases in the country.
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September 11, 2024
UK Pension Funding Surplus Dips £500M After BoE Rate Cut
The funding surplus of U.K. pension plans fell by £500 million ($653 million), according to official figures, after the Bank of England cut interest rates in August.
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September 10, 2024
Ky. Breeder Not Covered For Horse's Death, Court Says
A horse breeder has no coverage for the death of a stallion that occurred after he was given an injection to increase his libido as the injection triggered an exclusion for unauthorized medications, a Kentucky federal court said Tuesday.
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September 10, 2024
Atlanta Consultant Didn't Deal With Cyber Hackers, Suit Says
An Atlanta-based insurance industry consulting firm failed to negotiate with hackers and didn't pay a ransom to protect user data after its network was compromised, despite promises to keep customer information safe, according to a proposed class action filed Tuesday.
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September 10, 2024
Texas Farm Bureau Beats OT Claims In Jury Trial
Farm insurance agents are not entitled to overtime pay after a jury in Texas federal court found they had not proved they worked more than 40 hours a week, according to a verdict form released as the case was dismissed Tuesday.
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September 10, 2024
Cybersecurity Co. Beats Suit Over Med Tech Data Breach
A Massachusetts federal judge declined to hold information security technology company Barracuda Networks Inc. liable over a 2018 data breach that exposed the confidential information of more than 277,000 patients of medical device maker Zoll Medical Corp.
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September 10, 2024
McGuireWoods Adds Ex-Prosecutor, Former Fintech GC In SF
McGuireWoods LLP continues to bolster its West Coast presence, announcing Tuesday that it has added a former federal prosecutor and the former general counsel for a fintech company as partners at its San Francisco office.
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September 10, 2024
London Reinsurance Sector Grew To £11B In 2023
The value of reinsurance transactions written in the London company insurance market grew by 33% in 2023 on the back of a harder pricing environment, according to figures published Tuesday by a trade body.
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September 10, 2024
State Pension Likely To Rise 4% Under Triple Lock
The U.K. government is likely to push through an inflation-busting increase to the state pension of approximately £460 ($600) a year from April, after official figures revealed on Tuesday a rise in average earnings.
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September 09, 2024
Insurer Needn't Cover Lab Fraud Suits, Ill. Judge Rules
An insurer has no obligation to defend or indemnify a property management company or its owner in two underlying lawsuits accusing the owner of concealing financial information from a minority owner in a jointly formed laboratory, an Illinois federal judge said, finding that the underlying suits alleged intentional misconduct.
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September 09, 2024
Brighthouse Hits Rival With TM Suit Over 'Shield' Mark
Annuity and life insurance provider Brighthouse Financial on Friday accused competitor American Equity Investment Life Insurance Co. of trademark infringement, claiming in a North Carolina federal court that American Equity is using Brighthouse's decade-old "shield" mark to sell similar, overlapping or nearly identical annuity products and services.
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September 09, 2024
No Coverage For BNSF In Flood Suit, Travelers Says
Two Travelers units told a California federal court that they owe no additional insured coverage to railway giant BNSF over claims that a track relocation project it undertook caused significant flooding on a property owner's land.
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September 09, 2024
AIG Unit Sees Recovery Funds Dispute With RealPage Pared
A federal judge trimmed a lawsuit an AIG unit filed seeking to recover over $1 million it paid to property management software company RealPage after a phishing attack, rejecting both the insurer's stance that the covered fees fell under a recovery provision and RealPage's accusations of Texas Insurance Code violations.
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September 09, 2024
Chinese Reinsurers Can't Exit Reimbursement Suit Yet
Two property insurers properly served Chinese reinsurers with their suit alleging that they owe more than $43 million in unpaid reinsurance claims, an Iowa federal court ruled, rejecting the reinsurers' argument that under the Hague Convention the insurers had to instead serve their suit via China's central authority.
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September 10, 2024
Most Young Lawyers Say Debt Alters Their Career Plans
A recent student debt study by the American Bar Association Young Lawyers Division has found that student debt affects young attorneys in many ways — including changing their career plans.
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September 09, 2024
White House Final Rule On Mental Health Parity Unveiled
The White House released a final rule Monday meant to boost employer health plans' compliance with a federal law requiring coverage for mental health and substance use disorder treatments that's at the same level as physical health care.
Expert Analysis
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Tips For Advising CRE Owners Affected By Houston Storms
As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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How HHS Discrimination Rule Affects Gender-Affirming Care
The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.