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Insurance

  • April 18, 2025

    Insurance Exec Pleads Guilty In $134M ACA Plan Scheme

    A Florida insurance executive pled guilty Friday for his part in a $134 million scheme to submit fraudulent applications to enroll customers in fully subsidized Affordable Care Act health insurance plans.

  • April 18, 2025

    No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says

    An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal court Friday that a mechanical bull exclusion in the company's policy bars coverage.

  • April 18, 2025

    Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit

    An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclusion barring coverage for injury arising out of "psychotropic substances."

  • April 18, 2025

    6th Circ. Upholds American Airlines' Win In Hidden-Fee Suit

    American Airlines secured a Sixth Circuit panel's ruling Friday affirming the toss of customer claims that the airline wasn't transparent about making money from a third-party travel assistance product offered to customers during the booking process.

  • April 18, 2025

    Zurich Stuck With $12.2M Solar Farm Verdict, Judge Rules

    A Georgia federal judge has shot down Zurich American Insurance Co.'s bid to escape a $12.2 million judgment that followed a January trial where a jury found the insurer shortchanged a Peach State solar farm's claim for storm damage.

  • April 18, 2025

    Ill. Justices To Weigh Scope Of Standard Pollution Exclusions

    The Illinois Supreme Court will consider whether pollution exclusions in standard-form commercial general liability policies apply to industrial emissions allowed under a regulatory permit, the court said Thursday, agreeing to take up a question certified by the Seventh Circuit.

  • April 18, 2025

    SC School District's Embezzlement Suit Sent To Arbitration

    A South Carolina school district must arbitrate the arbitrability of its claims that its insurer conspired with its former chief financial officer to steal tens of millions of dollars from the district by issuing unnecessary and expensive insurance policies, a federal court ordered.

  • April 17, 2025

    NC Justice Unsure Contractor Can Avoid Workers' Comp Payout

    A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.

  • April 17, 2025

    Prudential Financial Beats Certified Privacy Class Action

    A California federal judge on Thursday entered a summary judgment favoring Prudential Financial and a software vendor in a certified class action accusing them of illegally recording consumer information in violation of the state's invasion of privacy law, finding that no evidence showed the vendor read or tried to read customers' communications.

  • April 17, 2025

    Liberty Mutual Says Other Insurer Owes $500K For Crane Row

    A Liberty Mutual unit said it is owed over $500,000 for defending a contractor in underlying litigation over a crane incident, telling a New York federal court that the contractor qualifies as an additional insured under a subcontractor's commercial general liability policy.

  • 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.

Expert Analysis

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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