Insurance

  • April 16, 2024

    11th Circ. Asks If Undivided Settlement Can Still Be Covered

    An 11th Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 non-apportioned Georgia federal settlement that potentially included both covered theft and non-covered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.

  • April 16, 2024

    Excess Carriers Say Property Co. Not Covered In Antitrust Suit

    Two excess insurers said they don't owe coverage to a property management company for underlying litigation over an alleged price-fixing conspiracy involving software company RealPage Inc., telling a Massachusetts federal court that a professional services exclusion in the primary policy bars coverage.

  • April 16, 2024

    AIG Unit Must Cover $20M Botched Tunnel Project, Court Told

    A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.

  • April 15, 2024

    Law Firm Shooting Victim Was 'In Constant Fear,' Family Says

    A woman who was killed in a shooting that also took the life of her husband, prominent Las Vegas personal injury lawyer Dennis Prince, "lived in constant fear for her safety" as she battled her ex-husband for custody of their two young children, her parents said Monday.

  • April 15, 2024

    Tax Attys, Broker Peddled 'Financial Fantasy,' NC Jury Told

    A North Carolina federal jury on Monday heard a series of secret recordings at the start of a tax fraud trial in which an insurance agent and a St. Louis attorney unwittingly pitched an undercover IRS agent on a way to decrease taxable income — or what the government characterized as a "financial fantasy."

  • April 15, 2024

    Allstate Asks Court To Order Takedown Of 'Smear' Posts

    Allstate asked a Colorado federal judge to order a former independent contractor to remove false statements on his website accusing the insurer of selling customers' personal information to criminals, arguing it has been irreparably injured and that the defendant has signaled he has no plans to stop his smear campaign.

  • April 15, 2024

    Geico Must Arbitrate Fraud Claims Against Chiropractors

    The Third Circuit held in a precedential opinion Monday that Geico must arbitrate three lawsuits accusing chiropractic practices of providing unnecessary services totaling $10 million, pointing to documentation indicating that disputes connected to personal injury protection benefits must be resolved out of court.

  • April 15, 2024

    Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

    The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

  • April 15, 2024

    Diocese Says Insurer Must Refund Sex Abuse Claims Defense

    Certain underwriters at Lloyd's of London must pay defense expenses related to sexual abuse claims against the Roman Catholic Diocese of Rockville Centre, the diocese has told a New York court, maintaining that its bankruptcy proceedings do not relieve the insurer of reimbursement requirements.

  • April 15, 2024

    Calif. AG Backs Unfair Competition Claims Against State Farm

    California policyholders should be able to assert claims under the state's unfair competition law independent of a one-year claim filing deadline under their insurance policy, state Attorney General Rob Bonta told the California Supreme Court, backing a San Francisco homeowner's unfair competition claims against a State Farm unit.

  • April 15, 2024

    Tyson Can't Have Reinsurance Row In UK, Appeal Court Rules

    A London appeals court on Monday dismissed a bid by a Tyson Foods Inc. subsidiary to overturn a ruling that prevented the food giant from bringing proceedings in England in a jurisdictional row involving two reinsurance contracts over fire coverage.

  • April 15, 2024

    State Farm, HOA Settle Wire Fraud D&O Coverage Dispute

    A State Farm unit and a property owners association reached a conditional settlement agreement in the association's suit seeking directors and officers coverage for underlying litigation stemming from a wire fraud incident, they told a California federal court.

  • April 12, 2024

    Anthem Wants Kwok Ch. 11 Trustee To Foot Mediation Bill

    Anthem has objected to plans from the Chapter 11 trustee overseeing Chinese exile Ho Wan Kwok's estate to force it and hundreds of other avoidance action defendants into mediation, questioning the merits of the case against it and arguing the insurer should not be forced to cover half of the costs of the efforts.

  • April 12, 2024

    Illinois Firm, Ex-Partner Resolve $2.4M Client-Poaching Suit

    An Illinois insurance defense law firm and a former partner have settled a nearly six-year suit alleging the attorney poached clients while leaving the firm in 2016, with both sides agreeing to dismiss claims the lawyer caused $2.4 million in damages to his former employer.

  • April 12, 2024

    Judge Rejects Tehum's $54M Bid To Resolve Injury Suits

    A Texas bankruptcy judge has rejected prison healthcare company Tehum Care Services Inc.'s $54 million settlement to resolve hundreds of personal injury suits while declining the claimant committee's request to dismiss the Chapter 11 case.

  • April 12, 2024

    Jackson Lewis Hires Employment Litigator In Baltimore

    Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.

  • April 12, 2024

    Ala. Church's Hurricane Claims Are Covered, 11th Circ. Rules

    There was enough evidence for an Alabama federal jury to conclude that a church suffered nearly $170,000 in covered property damage from Hurricane Sally, the Eleventh Circuit has ruled, rejecting an insurer's argument that the church's claims failed as a matter of law under a wear and tear exclusion.

  • April 12, 2024

    Mich. Panel Says Out-Of-State Car Accident Isn't Covered

    A Michigan resident is not entitled to insurance benefits for a car accident under the state's no-fault law, a state appeals court has ruled, reinstating its previous decision that claimants are not eligible for state-provided benefits for injuries arising from out-of-state accidents.

  • April 12, 2024

    Woman Pleads Guilty To $1.3M COVID Tax Credit Fraud

    A California woman pled guilty to fraudulently obtaining $2 million in COVID-19 government loans and falsely claiming $1.3 million in tax credits, crimes that could result in a 20-year prison sentence, the U.S. Department of Justice said.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • April 12, 2024

    Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says

    A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.

  • April 12, 2024

    Absent Link To $10M Root Suit, Exec's Family Info Off Limits

    An Ohio federal magistrate judge has shut down two subpoenas directed at the wife and father of an advertising executive named in car insurance company Root Inc.'s $10 million racketeering and fraud suit, writing in the order that the insurer cannot simply assume documents are relevant in requesting them.

  • April 12, 2024

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

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • 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.

  • 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.

Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • An NYDFS-Regulated Bank's Guide To Proper Internal Audits

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    As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    $175M Bond Refiled By Trump Is Still Substantively Flawed

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    The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • 2nd Circ. Ruling Clarifies When Demand Letters Are Claims

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    The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Series

    NJ Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.

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