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Insurance
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May 20, 2024
Auto Accessory Co. Secures Partial Coverage For BIPA Row
An insurer must defend an automotive accessory company in a proposed class action alleging violations of Illinois' Biometric Information Privacy Act, the Seventh Circuit ruled, finding that unlike the company's primary and excess commercial general liability policies, an umbrella policy "lacks an exclusion pertaining to nonpublic information."
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May 20, 2024
Patients Urge 9th Circ. To Deny UBH Petition In Claim Fight
Patients alleging United Behavioral Health mismanaged their mental health and substance use disorder treatment claims urged the Ninth Circuit not to grant the insurance company's petition for appellate court intervention in the consolidated action, arguing the effort was inappropriate and unjustified.
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May 20, 2024
Atty Wants In On Ch. 11 Pause In Fraud Suit Against Law Firm
A Houston attorney being sued for alleged misconduct in soliciting hurricane victims has asked a federal court to include him in a bankruptcy-triggered pause in the proceedings against his law firm, arguing that any judgment against him would effectively be against the law firm.
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May 20, 2024
Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal
Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.
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May 20, 2024
Settlement Ends Insurer's Stormwater Coverage Suit
An H.W. Kaufman Group insurer settled a lawsuit seeking a declaration that it owed no coverage to a home construction company or its owner in an underlying suit accusing the company of performing defective work that led to pooling stormwater, according to a notice filed in Georgia federal court.
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May 17, 2024
Insurer Escapes Claim In SimulTV's Tower Work Deal Suit
Development & Managers Group can't go after the insurer of a company that accused it of taking a down payment on the purchase of three DMG-owned television stations and then looking for other potential buyers, a Louisiana federal court has ruled.
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May 17, 2024
Colo. Precedent Barred Insurer's Crash Liability Challenge
A Colorado state appeals court affirmed a lower court's finding that a Progressive unit couldn't contest liability in its policyholder's car crash case involving an uninsured driver, saying the lower court correctly applied binding Colorado Supreme Court precedent.
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May 17, 2024
BCBS Says 'Clear' Contract Ends Ex-NBA Player's Suit
Blue Cross and Blue Shield of North Carolina pressed a state district court to throw out a lawsuit brought by retired NBA star Rodney Rogers that alleges in-home nursing was suddenly denied, arguing the "clear language" of his benefits doesn't provide for long-term, in-home nursing.
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May 17, 2024
Frontier Attacks Ex-CEO's $17M Life Insurance Tax Refund Bid
Pointing to a 2004 arbitration agreement and criticizing its ex-CEO's compensation, Frontier Communications has asked a Connecticut state court judge to hang up on a call by Leonard Tow to litigate a $17 million demand for reimbursements on life insurance policies.
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May 17, 2024
Furniture Co. Says Insurer Wrongly Denied Hacking Coverage
A Pittsburgh furniture company accused its insurer of bad faith and breach of contract for failing to cover more than $530,000 in losses due to monthslong hacking that began in 2021.
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May 17, 2024
Insurance Cos. Jointly Drop Policy Language Copyright Suit
An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.
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May 17, 2024
$5M Candy Recall Coverage Dispute Moved To Texas Court
An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."
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May 17, 2024
5th Circ. Won't Rethink SXSW Ticket Coverage Ruling
The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 17, 2024
Many Plans Already In Front Of 11th Circ. Trans Health Ruling
The Eleventh Circuit's recent decision that a county health plan's coverage exclusion for gender transition surgery violated federal anti-discrimination law likely won't have a big impact on plans because they have already made adjustments for the U.S. Supreme Court ruling the appeals court applied, experts say.
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May 16, 2024
Convicted Insurance Mogul Says He'll Trim Empire
Convicted insurance mogul Greg Lindberg told the North Carolina Supreme Court he's relinquishing control of portions of his enterprise to fulfill a deal to restructure them with independent oversight, according to court filings.
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May 16, 2024
Ointment Scheme Conned Gov't Out Of Millions, Fla. Suit Says
Two Florida brothers and one of their former employees are accused of running a years-long fraudulent scheme billing government healthcare programs and receiving millions of dollars after paying kickbacks to generate prescriptions for ointments that were not needed, according to a False Claims Act lawsuit.
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May 16, 2024
Burger King Franchisee Seeks BIPA Coverage Quick Win
A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.
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May 16, 2024
NC Sheriff's Surety Dodges Ex-Detention Officer's Bias Suit
An ex-detention officer accusing a local county sheriff of Title VII violations has all but abandoned her claims against the sheriff's surety, a North Carolina federal court ruled, axing all claims against the surety and leaving only a sex discrimination claim against the Mecklenburg County official.
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May 16, 2024
Apt. Complex Must Face Insurer's Mold Death Coverage Suit
A Georgia federal judge has refused to toss an insurer's suit seeking to evade coverage of an apartment complex accused of failing to stop a mold infestation that killed a tenant, finding the insurer has plausibly alleged it does not have a duty to defend under the prevailing insurance policy.
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May 16, 2024
3 Firms Assist As AIG Sells $3.8B Corebridge Stake To Nippon
Latham & Watkins LLP is guiding Japan's Nippon Life Insurance Co. on a new deal to buy 120 million shares of Corebridge Financial Inc. common stock from AIG for $3.8 billion, with Debevoise & Plimpton LLP guiding Corebridge and Wachtell Lipton Rosen & Katz representing AIG, the purveyors of insurance products said Thursday.
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May 16, 2024
Faegre Drinker Hires NY Life Insurance Co. Litigator
Faegre Drinker Biddle & Reath LLP has hired the former assistant general counsel for the New York Life Insurance Co., who joins the firm in New York, to continue representing insurer clients in a range of matters, the firm announced Thursday.
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May 15, 2024
State Farm Can't Dodge TCPA Suit Over Robocalls
State Farm must face a proposed class action alleging it violated the Telephone Consumer Protection Act by using a third-party company to make automated telemarketing calls without prior consent, an Illinois federal judge has ruled, saying the suit states a plausible claim of the insurer's vicarious liability for the robocalls.
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May 15, 2024
Insurer Says Security Co. Not Covered For Nightclub Injuries
A security services company is not owed coverage for three underlying personal injury lawsuits stemming from multiple shooting and stabbing incidents at a Florida gentlemen's club, an insurer told a New York federal court, stating its policies exclude coverage for injuries sustained at clubs and assault.
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May 15, 2024
UnitedHealth Concealed DOJ Merger Investigation, Suit Says
UnitedHealth Group has been hit with a proposed shareholder class action alleging that it failed to disclose that the U.S. Department of Justice had reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company, and that top executives had sold more than $120 million of shares knowing about the investigation before a news report revealed it to the public.
Expert Analysis
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Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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4 Steps To Navigating Employee Dementia With Care
A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.
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Ore. Insurance Ruling Opens Door To Extracontractual Claims
The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Key Tool For Calif. Policyholders With Nonadmitted Insurers
As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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Legal Issues Loom For Driverless Trucking
Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.