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Insurance
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May 13, 2025
Insurers Say McCarter Can't Blame NY Town In $22M Loan Suit
Two insurers asked a Connecticut judge to nix four of McCarter & English LLP's defenses in a $22.3 million lawsuit over the firm's role in crafting loans for recreational improvements in a Long Island, New York, town, saying the firm can't blame municipal officials while defending contract and malpractice claims.
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May 13, 2025
Fla. Medical Cos. Sue Akerman For Malpractice, Fight Fees Bid
After Akerman LLP filed suit against Rennova Health Inc. and medical laboratories for unpaid fees last month, the healthcare services company swung back with a motion to dismiss that case, while the labs filed their own malpractice lawsuits.
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May 13, 2025
Insurer Calls To Ax Mogul's Receivership Appeal As Sanction
An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg has asked the North Carolina Court of Appeals to toss Lindberg's attempt at undoing a receivership order as a sanction for allegedly flouting court deadlines.
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May 13, 2025
Builder Says Zurich Owes $2.6M For Bronx School Damage
A contractor said a Zurich unit owes it at least $2.6 million for costs incurred after a construction site collapse at a Bronx school, telling a New York federal court the insurer failed to timely adjust its claim and wrongfully refused to pay out any funds for the loss.
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May 12, 2025
Murder Is Not Assault, Drywall Co. Says In Indemnification Bid
A drywall company told a Texas federal judge that Knight Specialty Insurance Co. cannot use an assault and battery exclusion to escape its obligation to defend the company after one of its employees murdered a woman, saying Monday "murder is different than assault or battery."
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May 12, 2025
Asbestos Spiked Cost To Demolish Power Plant, Suit Says
A subcontractor doing demolition at a former Boston power plant undergoing redevelopment says it is owed more than $22 million for additional work after finding hidden pockets of asbestos in multiple locations.
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May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement
A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.
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May 12, 2025
Ex-Liberty VP Can Shield Health Info In Bias Suit, For Now
A Black former Liberty Mutual vice president and senior talent adviser got a temporary sealing order Monday in her race bias suit against the insurer, with a North Carolina magistrate judge stating that certain documents including her personal health information would be protected until her permanent sealing bid is resolved.
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May 12, 2025
Calif. FAIR Plan Must Provide Fire Claim Docs, Couple Says
A couple displaced by toxic contamination in their home after the Los Angeles wildfires asked a California state court on Monday to force the state's last-resort insurer to turn over all claim-related documents to policyholders who have requested them, saying the insurer's refusal to do so is unlawful.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Cadwalader Drops Data Breach Coverage Suit Against Lloyd's
Cadwalader Wickersham & Taft LLP and a Lloyd's of London syndicate it sued seeking coverage for litigation stemming from a 2022 data breach have agreed to end their dispute in North Carolina's business court with prejudice, according to a joint stipulation from the parties.
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May 12, 2025
United Health Inks $9.3M Deal In Cancer Treatment Denial Suit
United Healthcare has agreed to pay up to $9.3 million to end a proposed class action alleging it refused to cover a proton beam cancer radiation treatment by incorrectly deeming the therapy experimental, according to a Massachusetts federal court filing.
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May 12, 2025
Broker's Insurer Wants Out Of Suit Over Bad Advice
A professional liability insurer told a Florida federal court it owes no coverage to an insurance broker accused of wrongly advising its client on a $15.9 million hurricane loss because the advice came years before coverage began.
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May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit
An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
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May 12, 2025
Hub International Reaches $29B Valuation After $1.6B Plug
Insurance brokerage and financial services firm Hub International Ltd., advised by Simpson Thacher & Bartlett LLP, on Monday revealed that it hit a $29 billion valuation after securing a $1.6 billion minority common equity investment.
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May 09, 2025
BDO Urges Justices To Hear 'Crucial' Auditor Fraud Case
BDO USA LLP is petitioning the U.S. Supreme Court to hear a case that the firm warns could have "devastating" consequences for public companies' auditors, arguing in a Friday filing that the Second Circuit created a "dangerous precedent" by reviving a lawsuit brought by AmTrust Financial Services Inc. shareholders.Â
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May 09, 2025
W.Va. Justices Say UIM Coverage Needn't Always Be Offered
West Virginia does not require commercial auto insurers to offer underinsured motorist, or UIM, coverage for all vehicles they insure, the West Virginia Supreme Court of Appeals ruled, answering a question from the Fourth Circuit in a dispute over a policy insuring both owned and "non-owned" vehicles.
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May 09, 2025
9th Circ. Pins SEC Legal Expenses On Recycler, Not Insurer
The Ninth Circuit affirmed Friday that a Nevada appliance recycler had no coverage for more than $1.3 million in costs associated with a U.S. Securities and Exchange Commission fraud case against it, finding that regardless of which state law applied, the result was unchanged.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Chancery Rejects Shareholder Challenge To Fidelity Spinoff
Observing that related-party company deals with controllers "are not inherently wrongful," a Delaware vice chancellor on Friday scuttled a pension fund suit challenging a $250 million Fidelity National Financial Inc. investment in a spun-off but still controlled former subsidiary.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling
Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.
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May 09, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a subsidiary of State Street Corp. sue British sports betting giant Entain, Manolete Partners and HSBC tackle action just weeks after signing a £17 million revolving credit facility agreement, and a commercial fraud claim launched by EFG Bank against Mirabaud & CIE.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Appealing An Interlocutory Order On Insurer Duty To Defend
A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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Navigating Mortgage Insurance Provisions After LA Fires
As homeowners affected by the Los Angeles wildfires consider rebuilding, mortgage lenders and servicers must negotiate the complex intersection between the standard deed of trust and property insurance, says Heather Wright at Buchalter.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.