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Insurance

  • May 06, 2025

    Insurer Denies Coverage For Amtrak Employee Slip-And-Fall

    An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.

  • May 05, 2025

    Class Cert. Partially Granted In Auto Insurance Discount Case

    A California federal court partially granted class certification Monday over policyholders' claims that a group of insurers violated the state's rule on good driver discounts.

  • May 05, 2025

    Citizens Policy May Cover BIPA Claim, 7th Circ. Says

    An Illinois food ingredient manufacturer may be able to tap into one of its Citizens insurance policies for coverage of an underlying biometric privacy suit, if the company can prove it provided the insurer with timely notice of the claim, the Seventh Circuit said.

  • May 05, 2025

    Software Co. Sues After Acquisition Of Allstate's EVB Biz

    A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.

  • May 05, 2025

    Insurer Needn't Pay $40M Over Surgical Sterilization Claims

    A Colorado health system that settled with more than 6,000 patients after it was found to have inadequate surgical sterilization procedures can't tap into $40 million in excess coverage in connection with the incidents, a Tenth Circuit panel affirmed, finding patient claims could not be combined.

  • May 05, 2025

    Insurance Key Concern In Fighting Cyberattacks, Panel Says

    Companies need to consider a wide range of protections and policies to stem the growing risks posed by social engineering, wire transfer fraud and other forms of cyberattacks, panelists at a risk conference said Monday.

  • May 05, 2025

    Ky. Property Owner Sues Liberty Mutual For Arson Coverage

    The owner of an apartment building in the Louisville, Kentucky, metro area accused a Liberty Mutual unit of denying property coverage in bad faith for a May 2023 arson incident that rendered the building a total loss, telling a federal court Monday the insurer wrongly invoked a raft of exclusions.

  • May 05, 2025

    Late Amazon Worker's Life Insurance Suit Delayed By 2 Months

    An Ohio federal judge on Friday delayed an upcoming trial over a late Amazon worker's life insurance policy by about two months but declined to convert it to a bench trial at this point, saying the request to proceed without a jury was premature.

  • May 05, 2025

    Liberty Wants Uber Rider, Employer To Cover Cyclist's Claim

    Liberty Mutual's surplus lines unit says an Uber rider and his then-employer, Boston-based developer Beacon Communities, are liable for a claim the insurer paid out to a cyclist who was "doored" as the passenger got out near his office in 2023.

  • May 05, 2025

    Insurer Knowingly Skimped On Storm Probe, Texas Court Told

    A Houston-area developer's insurer deliberately refrained from a proper investigation after a May 2024 storm and thus came up short on covering losses, the developer told a Texas federal court Monday.

  • May 02, 2025

    Fla. Lawmakers Vote To Repeal Law That Limits Death Suits

    Florida lawmakers have voted to do away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but an attorney representing healthcare providers says that repealing the law will cause a flood of new lawsuits.

  • May 02, 2025

    Ex-Travelers Employee Can't Yet Appeal Arbitration Ruling

    The Connecticut Appellate Court ruled Friday that a trial court's refusal to vacate a woman's arbitration loss in an age discrimination case against Travelers Indemnity Co., her former employer, wasn't a final order that could be appealed.

  • May 02, 2025

    NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case

    A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."

  • May 02, 2025

    Cos. Seek Court Input On $1.2M Payout After Worker's Murder

    A Connecticut-based software services company and its employee benefits providers have asked a federal court to determine who should receive $1.2 million in payouts under plans issued to a systems analyst who was murdered by her husband, the beneficiary.

  • May 02, 2025

    NC Farmers Say Fight With Crop Insurer Must Stay In Court

    A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.

  • May 02, 2025

    IRS Updates Rates For Foreign Insurance Company Equations

    The Internal Revenue Service on Friday published updated domestic asset/liability and yields percentages for 2024 that foreign life insurance companies and foreign property and liability insurance companies need to compute their minimum effectively connected net investment income.

  • May 01, 2025

    Death Bond Fund Manager Inflated Asset Values, Suit Says

    An Illinois fund that invests in life insurance policies has been hit with securities fraud, breach of fiduciary duty and several other claims in a suit seeking at least $50 million that alleges it manipulated the value of illiquid assets to collect inflated fees from investors.

  • May 01, 2025

    Aetna And Humana Accused Of Medicare Kickbacks And Bias

    The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.

  • May 01, 2025

    Fla. Appeals Court Puts Condo Damage Suit To Bed

    A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.

  • May 01, 2025

    6th Circ. Judge Unsure If Totaled Car Payout Class Will Stand

    A federal appellate panel grappled Thursday with whether to uphold class certification in a lawsuit claiming that State Farm systematically undervalues totaled vehicles, with one judge wondering if every class automobile would require its own damages trial.

  • May 01, 2025

    Insurance Pros Stress Disaster Mitigation In Senate Hearing

    A panel of insurance experts stressed in front of a U.S. Senate committee Thursday the importance of mitigation efforts, such as strengthening building codes and hardening homes, as the experts discussed how prices in the property insurance market have soared because of recent natural disasters across the country.

  • May 01, 2025

    8th Insurer Dismissed In Pulte Coverage Row

    Two PulteGroup subsidiaries said Thursday they'll dismiss their property damage coverage claims with prejudice against an insurer over structural issues at a residential development, marking the eighth dismissal of an insurer since the homebuilder first sued a raft of carriers in New Mexico federal court in October 2023.

  • May 01, 2025

    Trucker Chases Down Mich. Appeals Court Win In Injury Suit

    A trucker who was hit in his sleeper cab and then ran after the semi-truck that he believed caused the incident, jumping on its running board till he was thrown, may be entitled to insurance benefits, Michigan appellate judges said, reversing most of a lower court's judgment.

  • May 01, 2025

    Bank Says Insurer Owes $1.8M In Vandalism Coverage

    A bank accused a Berkshire unit and its insurance agent of underpaying coverage for property damage from "vandalism and/or theft," saying that while it's received roughly $105,000 in coverage to date, the insurer has yet to pay nearly $1.8 million.

  • April 30, 2025

    Nationwide Says Claim For 'Fat Freezing' Injury Isn't Covered

    Nationwide has filed suit asking an Illinois federal court to declare that it has no duty to cover a suburban Chicago gym in a 3-year-old "fat freezing" injury case headed to trial in June, saying the underlying injury doesn't trigger the facility's policy.

Expert Analysis

  • Virginia AI Bills Could Serve As Nationwide Model

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    If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.

  • 2 Anti-Kickback Developments Hold Lessons For Biopharma

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    The U.S. Department of Justice's Anti-Kickback Statute settlement with QOL Medical and a favorable advisory opinion from the U.S. Department of Health and Human Services provide a study in contrasts, but there are tips for biopharma manufacturers trying to navigate the vast compliance space between them, says Mary Kohler at Kohler Health Law.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • 5 Argument Techniques For Policyholder Advocates

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    Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.

  • Disability Ruling Guides On Cases With Uncertain Causation

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    In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

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    The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

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