Insurance

  • December 05, 2022

    Travelers Entitled To $150K Surety Payment, Judge Says

    Two members of a construction company must repay a Travelers unit $150,000 under a surety bond, a Maryland federal judge ruled, finding that the insurer acted reasonably in paying out claims made against the bond.

  • December 05, 2022

    Insurer Says La. Diocese Filed Damage Claims Too Late

    American Bankers Insurance Co. of Florida asked a Louisiana federal court Monday to toss a Roman Catholic diocese's more than $45 million hurricane damage suit against it and the National Flood Insurance Program, arguing the church filed its claims at the last minute and years too late.

  • December 05, 2022

    Essilor To Pay $23.8M To End Calif. Insurance Fraud Probe

    Essilor Laboratories of America Inc. has agreed to pay $23.8 million to put to rest whistleblower allegations that the eyeglass manufacturer provided kickbacks to California eye care providers in exchange for their business, the Golden State's insurance department announced Monday.

  • December 05, 2022

    Insurers Battle At 7th Circ. Over Swine Farm Defense

    Indemnity Insurance Co. of North America on Monday pushed the Seventh Circuit to let it avoid reimbursing two other insurers for roughly $1.2 million for their defense of a swine farm operator against claims that its farms emitted noxious odors that unlawfully impeded the use of its neighbors' property.

  • December 05, 2022

    7-Eleven Sues Insurer Over George Floyd Protest Damage

    7-Eleven accused its insurer of wrongfully withholding coverage for over 98% of its losses stemming from the civil unrest that followed the 2020 murder of George Floyd, according to a complaint removed to Texas federal court Monday.

  • December 05, 2022

    Insurer Again Asks To Duck Defending Grocer In BIPA Suit

    A grocery chain's insurer again asked an Illinois federal court for an early determination that it need not defend the chain in a suit accusing it of violating Illinois' Biometric Information Privacy Act, saying the statute of limitations had expired for all potentially covered underlying claims.

  • December 05, 2022

    Transpo Insurer Atlas Reaches $5M Deal To End Investor Suit

    Investors in transportation insurance company Atlas Financial Holdings have asked a Chicago federal court to give an initial nod to a $5 million settlement deal that would end claims the company failed to properly manage its loss reserves, hurting investors when revelations about the reserves pushed down trading prices for its shares.

  • December 05, 2022

    Life Insurer Can't Use Unclear Flight Exclusion, 5th Circ. Told

    The widow of a man who died in a plane crash urged the Fifth Circuit to overturn a ruling that she's not entitled to $1.8 million under her husband's employer-sponsored life insurance policy, arguing an insurer can't rely on a "poorly written" exclusion for noncommercial flights.

  • December 05, 2022

    Vacation Rental Owners Drop COVID-19 Coverage Suit

    A married Oregon couple agreed to drop a proposed class action against Foremost Insurance Co. on Monday, ending the pair's bid to get coverage for lost rental property income from the COVID-19 pandemic.

  • December 05, 2022

    Real Estate Co. Not Covered For Renovation Suit, Insurer Says

    A real estate management company isn't entitled to coverage for a suit alleging it mismanaged renovations at a Los Angeles apartment complex, a State Farm unit told a California federal court, saying the company was aware of the potential claim but failed to disclose that on its policy application.

  • December 05, 2022

    Jury Mulls Trump Org. Tax Fraud Case After Warning On Bias

    A Manhattan jury on Monday began deliberations in the district attorney's tax fraud case against the Trump Organization after receiving instruction on New York's peculiar corporate criminal liability law and a renewed warning against anti-Trump bias.

  • December 05, 2022

    Calif. Restaurant's $2M Wine Theft Suit Headed To State Court

    A California Italian restaurant robbed of $2 million in wine succeeded in getting its case for insurance coverage remanded to California state court.

  • December 05, 2022

    The 2022 Law360 Pulse Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys, ability to secure accolades and positive legal news media representation.

  • December 05, 2022

    In Law Firm Race For Revenue, Top Dogs Stand Alone

    Inflation, hand-wringing over the economy and even a possible recession will do little to close the widening revenue gap between a handful of legal giants grossing billions each year and other law firms, with longtime market consolidation only solidifying their dominance as BigLaw braces for a downturn.

  • December 02, 2022

    Elizabeth Holmes Appeals Conviction, Sentence To 9th Circ.

    Ex-Theranos CEO Elizabeth Holmes notified a California federal judge Friday that she's appealing her investor fraud conviction and 11-year prison sentence to the Ninth Circuit, sending the closely watched criminal case to the appellate court for review after more than four years before the trial court.

  • December 02, 2022

    9th Circ. Breathes New Life Into Forklift Parade Coverage Suit

    An insurer can't get out of covering a forklift driver accused in a $1 million suit of injuring a bystander during a forklift parade, the Ninth Circuit ruled Friday, finding that a policy's mobile equipment exclusion is ambiguous.

  • December 02, 2022

    Firm, Insurer Settle $2.3M Dispute Over Storm Damage Award

    A Tennessee risk management firm has settled its hail and wind damage suit against Auto-Owners Insurance Co. through mediation, according to a report filed Thursday, ending its pursuit of more than $2.3 million it claimed the insurer owed from a binding appraisal award.

  • December 02, 2022

    Allstate Says Hertz Must Cover Rental Crash Suits

    Hertz must cover Allstate's defense tab in underlying lawsuits filed by a man who said he was injured by an Allstate employee in a car wreck, the insurance company told a New York federal court Friday, arguing the worker took out a liability protection plan on a rental vehicle.

  • December 02, 2022

    Ga. Judge Clips Co.'s Insurance Claims Over Employee Theft

    Travelers Insurance Co. of America will have to face claims that it denied nearly $1 million in coverage to a Washington, D.C.-based real estate company in bad faith under Georgia law, a federal judge said Thursday, but the court dismissed related bad faith claims brought under D.C. law and the real estate company's claim for litigation expenses.

  • December 02, 2022

    Georgia-Pacific Wants Paper Mill Suit Cut Down

    Georgia-Pacific LLC on Thursday asked a Washington federal judge to throw out most of a lawsuit by Nippon Paper Industries USA, arguing that the suit wrongfully seeks to hold it alone responsible for contamination cleanup costs associated with a paper mill on the Port Angeles Harbor.

  • December 02, 2022

    9th Circ. Lets Insurers Join $3.2M Superfund Cleanup Dispute

    A group of insurers is permitted to intervene in a California agency's $3.2 million suit against a bankrupt policyholder over remediation costs at a Superfund site, the Ninth Circuit ruled, finding that the carriers had a legally protected interest in preventing the entry of default judgment against their insured.

  • December 02, 2022

    Trump 'Explicitly' Approved Tax Fraud, DA Says As Trial Ends

    Manhattan prosecutors on Friday directly accused former President Donald Trump of authorizing tax fraud by his executives in closing arguments of the criminal trial in New York state court against his Trump Organization companies.

  • December 02, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.

  • December 02, 2022

    Colo. Panel Validates Policy's Workers' Comp Exclusion

    A Colorado appeals court affirmed the dismissal of a lawsuit filed by a man accusing his insurer of limiting his medical benefits through his policy's workers' compensation exclusion, ruling the exclusion is enforceable and he isn't entitled to medical payment benefits under his personal automobile insurance policy.

  • December 01, 2022

    Geico Urges Judge To Abstain In COVID Rebate Class Action

    Geico urged a California federal court to abstain from revising rates in a class action accusing the insurer of woefully low COVID-19 rebates, arguing that deciding rates is a complex matter better left to insurance regulators.

Expert Analysis

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Opinion

    Benefits Ruling Shows Need For Revised ERISA Procedure

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    The Ninth Circuit's recent ruling in Collier v. Lincoln Life Assurance demonstrates that not only are there no uniform court procedures for Employee Retirement Income Security Act litigation, the Federal Rules of Civil Procedure are not always followed, demanding a reappraisal of ERISA civil procedure, says Mark DeBofsky at DeBofsky Law.

  • 5th Circ. Class Action Rulings Reflect Post-TransUnion Trends

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    In the wake of the U.S. Supreme Court's 2021 TransUnion v. Ramirez decision, Fifth Circuit case trends this year highlight the importance of closely evaluating standing challenges where the injury-in-fact is questionable, even where a statutory violation might exist, say attorneys at K&L Gates.

  • Fla. Insurance Suit Trends To Look Out For After Hurricane Ian

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    There will likely be tens of thousands of property insurance lawsuits filed in the wake of Hurricane Ian, and carriers and insureds will need to view claims through Florida's Valued Policy Law, the concurrent cause doctrine and anti-concurrent cause provisions, say David Levin and Spencer Leach at Baker Donelson.

  • Property Policies Could Cover Organized Retail Crime Losses

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    Following a recent surge in organized retail crime, policyholders can look to case law that suggests they may be able to skirt property policy loss exclusions if they can produce evidence of theft, says Micah Skidmore at Haynes Boone.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Privacy Ruling Highlights Risks Of Third-Party Web Tracking

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    The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Rebuttal

    Policyholders Are Not To Blame For Social Inflation

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    As part of the controversial assertion that insurers are facing an unprecedented increase in claims costs due to so-called social inflation, a recent Law360 guest article argued that policyholders contribute to social inflation and are therefore responsible for remedying it, but these accusations are unsupported by empirical data, says Benjamin Tievsky at Pillsbury.

  • How A Publication Request Helped Shape COVID Case Law

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    More than a decade after MRI Healthcare v. State Farm was decided in a California state appeals court, the case influenced the early development of COVID-19 business interruption insurance law and shows how counsel can use publication requests to help shape the industry, say Josephine Petrick and Ashley Nakai at Hanson Bridgett.

  • Why Warranty Providers May Explore CCPA Exemption

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    In order to prepare for the coming wave of state consumer privacy laws across the country, organizations in the extended warranty industry should assess their exposure to the California Consumer Privacy Act and the applicability of the Gramm-Leach-Bliley Act’s exemption, say attorneys at Locke Lord.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

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