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Insurance
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June 06, 2025
Other Carrier Must Cover $1.1M Injury Award, Insurer Says
A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York federal court, saying the other carrier's policy provides primary coverage.
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June 05, 2025
Software Co. Says Insurers' About-Face Led To $21M Claim
A software company is blaming its insurers in Washington federal court for hampering its settlement talks with a client by reneging on its coverage agreements, causing the company to now potentially face a customer's $21 million claim.
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June 05, 2025
Texas Plastics Co. Challenges IRS Over Microcaptive Rules
A Texas plastics company sued the IRS over regulations flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, telling a Texas federal court that the agency exceeded its authority by imposing broad disclosure requirements that could penalize even legitimate arrangements.
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June 05, 2025
Norton Rose Adds Corporate Pro To Growing Chicago Office
Norton Rose Fulbright announced the growth of its Chicago office Thursday with the addition of a "highly regarded corporate lawyer," who will serve as a partner in the firm's business practice group and as a member of its transactional and regulatory insurance team.
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June 05, 2025
Former NFL Great Says Travelers Won't Cover Water Claim
Former New England Patriots linebacker Andre Tippett and his wife are suing a Travelers subsidiary over its denial of coverage for nearly $400,000 worth of water damage to their Massachusetts home, according to a complaint filed on Thursday in state court.
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June 05, 2025
Insurance Agent's Firing Claims Are Duplicative, Court Told
A Connecticut insurance company wants a terminated agent's wrongful discharge claim trimmed from a lawsuit alleging he was fired for asking questions about practices he believed violated state licensing laws, saying his common-law claim duplicates a free speech claim under a state employment statute.
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June 05, 2025
Ga. Law Firm, Insurer Settle Over $6.4M Hotel Injury Case
An insurance company that sued a law firm for malpractice in Georgia federal court after paying more than $6.4 million following a worker injury jury verdict against a construction company it insured, said Thursday that it had settled with the firm in connection with its representation of the company.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
Nationwide Hit With Suit Over Dropped Pet Coverage
A group of pet owners on Wednesday accused Nationwide of a bait-and-switch after it canceled one pet insurance plan for more than 100,000 pets, telling a Massachusetts federal court that the insurer dropped coverage for pets with old age or significant medical needs despite promising not to.
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June 04, 2025
Insurer Blames Union Pacific For $447K Nissan Cargo Loss
Union Pacific Railroad Co. is on the hook for over $447,000 after it delivered a shipment of Nissan vehicles in a "severely damaged and depreciated condition," the insurer for the cargo owner told a Nebraska federal court Wednesday.
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June 04, 2025
Pa. Firm Defends Informal Biz Arrangement In Coverage Bid
A Philadelphia law firm and its insurer sparred Wednesday in Pennsylvania court over whether the firm needed to be an incorporated business entity to have standing for a coverage lawsuit, with the firm's attorney saying that the insurer never questioned the informal business arrangement that consisted of two seasoned lawyers sharing office space and a secretary.
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June 04, 2025
Agent Seeks Toss Of Insurer's $1M Reinsurance Loss Suit
An insurance company's suit alleging that an insurance agent's errors cost the company its reinsurance through the Federal Crop Insurance Corp. should be tossed, the agent told a Michigan federal court, arguing that the claims are time-barred and have already been litigated.
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June 04, 2025
Orrick, Latham Lead Carlyle's $1.3B Investment In Trucordia
Insurance brokerage Trucordia, advised by Orrick Herrington & Sutcliffe LLP, on Wednesday announced it will receive a $1.3 billion investment from Latham & Watkins LLP-led Carlyle's global credit platform.
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June 03, 2025
Adjustment Of Claims Ordered After $66M Boat Death Suit
A North Carolina federal judge granted a preliminary injunction ordering an adjuster to proceed with adjusting claims for insurers, including one related to a 2021 fatal Florida boat accident that resulted in a $66 million consent judgment against a policyholder.
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June 03, 2025
Allstate Urges Ga. Panel To Undo Dismissal Sanction
Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.
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June 03, 2025
Lumber Co. Says Carrier Failed To Procure Proper Coverage
A lumber company and its insurance broker told a Nebraska federal court that the company's property insurance policy should be reformed to include $500,000 in business interruption coverage following a fire loss, alleging the insurer failed to do so despite the broker's request during the company's policy renewal.
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June 03, 2025
6th Circ. Sets New Jurisdiction Standard For 'Mixed Actions'
An Ohio federal court erred by remanding declaratory claims over insurance coverage for underlying PFAS litigation to state court, the Sixth Circuit ruled, forging its own jurisdictional standard for what are known as mixed actions, or lawsuits that seek both coercive relief, like damages, and noncoercive relief, like a court declaration.
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June 03, 2025
State Farm, Inventor Agree To End Driver Tech Patent Feud
An inventor of driver monitoring technology has agreed to end a Texas federal suit accusing State Farm Mutual Automobile Insurance Co. of using aspects of his technology without his authorization.
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June 03, 2025
Electrical Parts Co. Owes $1M For Fire Loss, Insurer Says
A manufacturer of electrical cables is responsible for over $1 million in damages for a fire at a Philadelphia-based discount department store, an insurer told a Pennsylvania federal court, saying the blaze was caused by the manufacturer's defective armored cabling.
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June 03, 2025
Latham-Led Insurer Of Small Businesses Targets $100M IPO
Small-business-focused excess and surplus insurer Ategrity Specialty Holdings LLC on Tuesday unveiled a price range on an estimated $100 million initial public offering, represented by Latham & Watkins LLP and underwriters Skadden Arps Slate Meagher & Flom LLP.
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June 03, 2025
Fla. Jury Finds CEO Guilty In $1.4B Medicare Fraud
A Florida federal jury on Tuesday found a software company CEO guilty of participating in a scheme to coordinate illegal medical kickbacks through an internet platform, resulting in about $1.4 billion worth of false billings to Medicare and other insurers for unnecessary medical products, including orthotic braces.
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June 03, 2025
Conn. Judge Narrows McCarter's Defenses In $22M Loan Suit
A Connecticut state court trimmed McCarter & English LLP's defenses in a $22.3 million suit over its role crafting loans for recreational improvements in a Long Island, New York, town, saying the firm cannot pursue a comparative negligence defense but can proceed with its fraud argument.
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June 03, 2025
Motocross Co. Seeks Coverage For $20M Paralysis Suit
A motocross event company is seeking coverage for a $20 million personal injury suit after a child attending a 2022 championship was paralyzed while swimming in a creek onsite after another patron jumped in and landed on her, according to a suit removed to Tennessee federal court.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 03, 2025
Precedent Does Apply To $6.6M Microcaptive Case, Court Told
A captive insurance program operator challenging $6.6 million in tax fraud penalties told a Pennsylvania federal court that the government boldly and incorrectly claimed that the U.S. Supreme Court's landmark ruling requiring a jury to make certain fraud findings doesn't apply to its case.
Expert Analysis
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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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.