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Insurance

  • April 17, 2025

    Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring

    A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that it had unilaterally transferred some of its U.S. accounts and exposures to an allegedly steeply undercapitalized, captive Bermuda reinsurer.

  • April 17, 2025

    Insurer Owes No Coverage For Fatal Facade Collapse

    An insurer has no duty to defend a roofing contractor in a wrongful death lawsuit alleging that two individuals died from the collapse of a building facade, an Illinois federal court ruled, finding a prior works exclusion applicable.

  • April 17, 2025

    Feds Call Menendez's Wife 'Partner In Crime' As Trial Ends

    Federal prosecutors told a Manhattan jury Thursday that Nadine Menendez was former U.S. Sen. Bob Menendez's "partner in crime," closing out her bribery and public corruption trial by casting her as his "go-between — demanding payment, collecting payment."

  • April 17, 2025

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

    The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.

  • April 17, 2025

    Insurance Regulators Urged To Address Climate Change Risks

    Insurance regulators must strengthen their understanding of the threats posed by climate change and better consider how those risks will shape the stability of the sector, a group of international regulators said in a report.

  • April 16, 2025

    Imerys Says Italian Unit In Danger From Talc Lawsuits

    Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.

  • April 16, 2025

    IBM Sues Insurers Over $900M In Environmental Expenses

    IBM has taken several of its excess commercial general liability insurers to New York federal court, arguing that following IBM's coverage settlements with underlying insurers, they are now on the hook for over $900 million in environmental remediation expenses incurred under policies issued between 1961 and 1970.

  • April 16, 2025

    Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage

    Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.

  • April 16, 2025

    5th Circ. Says Late Settlement Notice Means No Coverage

    A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.

  • April 16, 2025

    Justices Urged To Deny Insurers' Tribal Jurisdiction Challenge

    The Suquamish Tribe told the U.S. Supreme Court it shouldn't hear a group of insurers' bid to litigate COVID-19-related property insurance claims outside tribal court, arguing the Ninth Circuit correctly held that the insurers' coverage of tribal property sufficiently established tribal jurisdiction.

  • April 15, 2025

    2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit

    The Second Circuit on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.

  • April 15, 2025

    La. Parish Still Wants 5th Circ. To Remand Insurance Case

    A Louisiana parish has again urged the Fifth Circuit to send its dispute over coverage for property damage caused by a pair of hurricanes back to district court, saying "everyone agrees" that the lower court made a procedural misstep that was subsequently wrongly appealed.

  • April 15, 2025

    Food Service Co. Can't Escape Tobacco Surcharge Suit

    A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.

  • April 15, 2025

    Massive Calif. Fire Assessment Pass-Through Sparks Suit

    Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act. 

  • April 15, 2025

    SPAC Officers Seek Coverage For Post-Merger Lawsuits

    Beazley Insurance Co. and certain former directors and officers of a special purpose acquisition company that ultimately became a solar financing company accused the successor company in Delaware Chancery Court of failing to indemnify and advance costs they incurred in two cases stemming from the SPAC merger.

  • April 15, 2025

    Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered

    A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.

  • April 15, 2025

    Ex-Atty Pleads Guilty To ID Theft In Insurance Settlement Case

    A former attorney has pled guilty in Washington state court to theft and identity theft over a scheme to lift thousands of dollars from a client's insurance settlement, money that was supposed to pay medical expenses after a traffic accident.

  • April 15, 2025

    Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims

    General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.

  • April 15, 2025

    Nonprofit's Prior Loss Coverage Limited For Worker Theft

    A nonprofit cannot get more coverage from Auto-Owners Insurance Co. for an employee theft scheme that caused losses totaling roughly $554,000, a Kansas federal court ruled, interpreting the scope of a "prior loss provision" that covered losses occurring before the policy's coverage period.

  • April 15, 2025

    Insurer Denies Coverage For Short Seller Cohodes' Libel Case

    Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.

  • April 14, 2025

    Chubb Units Owe $9M For Sex Abuse Settlement, Court Told

    A former student of a Brooklyn private school said two Chubb units are on the hook for a $9 million settlement he entered into with the school to resolve sexual abuse claims, telling a New York federal court that the insurers unreasonably delayed and refused to settle his claims.

  • April 14, 2025

    BofA Ordered To Pay FDIC $540M For Underpaid Premiums

    A Washington, D.C., federal court has ruled that Bank of America must pay the Federal Deposit Insurance Corp. more than $540 million plus interest for underpaying its deposit insurance premiums, ending an eight-year-long case whose resolution was delayed in light of the U.S. Supreme Court's Loper Bright decision overturning federal agency rulemaking deference.

  • April 14, 2025

    Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says

    Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.

  • April 14, 2025

    Allianz Unit Challenges Augusta Golf Club's $2.4M Award

    Allianz SE subsidiary Fireman's Fund Insurance Co. on Friday asked a federal judge to strike down a $2.4 million storm damage appraisal in favor of an Augusta, Georgia, golf club that the insurer said goes far beyond what it agreed to cover.

  • April 14, 2025

    Auto Insurers Can't Shake Feds' Forced Coverage Claims

    A group of insurers will have to face the federal government's claims that they forced auto-loan customers to pay for unnecessary "collateral protection insurance" by setting an unreasonably high bar for proving the borrowers held other auto insurance policies, a Pennsylvania federal judge ruled Monday, concluding that the United States had satisfied pleading standards.

Expert Analysis

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • 2nd Circ. AmTrust Decision Shows Audit Reports Still Matter

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    Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • With Precautions, AI Can Help With Suspicious Activity Filings

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    While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • How D&O Coverage Can Aid Against Increased AI Scrutiny

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    The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.

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    In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

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