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Insurance
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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April 30, 2025
Judge Will OK Wellpath's Ch. 11 Plan Over Release Objections
A Texas bankruptcy judge said Wednesday he will confirm prison healthcare company Wellpath's Chapter 11 plan over objections after the debtor achieved a global settlement and agreed to additional changes, saying he was convinced the plan offered the best outcome.
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April 30, 2025
Underwriters Seek Exit From $37M FTC Dispute With Loan Co.
Underwriters asked a California federal court on Wednesday to find that they did not have to defend a company accused by the Federal Trade Commission of bilking consumers out of at least $37 million through a credit scheme designed to trick consumers into taking on debt.
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April 30, 2025
5 Takeaways From PitchBook's Surprising Q1 Report
The latest data from PitchBook's Q1 Global M&A Report found that global M&A activity was robust in the first quarter of 2025, defying a prevailing sentiment about a sluggish start to the year, but the firm indicated that a slowdown in dealmaking could soon reveal itself in its data.Â
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April 30, 2025
NY Diocese, Lloyd's Of London End Sex Abuse Coverage Suit
Lloyd's of London underwriters and the Roman Catholic Diocese of Rockville Centre agreed to end a dispute over the payment of defense expenses related to sexual abuse claims against the diocese, according to a New York federal court filing entered Wednesday, months after the Catholic organization confirmed a Chapter 11 bankruptcy plan.Â
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April 30, 2025
Guam School Says Insurer Underpaid Typhoon Coverage
A Florida-based nonprofit organization that owns a high school in Guam accused its property insurer of underpaying its more than $5.1 million typhoon damage claim in bad faith, telling a Guam federal court Wednesday that all amounts due are "well within the value" of its policy.
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April 30, 2025
Kirkland, Latham Lead Chinese Online Insurer's $30M US IPO
Shares of Chinese online insurance distributor Yuanbao Inc. rallied in debut trading Wednesday after it priced a $30 million initial public offering at the top of its range, represented by Kirkland & Ellis LLP and underwriters' counsel Latham & Watkins LLP, as more companies test a shaky U.S. IPO market.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Disbarred Atty Can't Recoup Client Advance In Insurance Fight
A disbarred Pennsylvania attorney, who once choked a judge, was denied the right to seek compensation from an insurer for amounts he allegedly paid a client, the Pennsylvania Superior Court affirmed, finding there was no enforceable contract between the former litigator and the insurer.
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April 30, 2025
Former Paralegal Ends Whistleblower Suit Against NJ Firm
A onetime paralegal for New Jersey-based Brandon J. Broderick LLC has dropped a state court whistleblower suit he filed against the personal injury firm last spring.
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April 30, 2025
Allstate Settles Law Firm's Wrecked Car Fee Coverage Suit
A settlement has been reached in a Georgia law firm's proposed class action against Allstate Insurance Co. over allegations that it failed to pay title transfer fees and license registration fees to insured people who incurred total loss claims.
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April 29, 2025
5th Circ. Hints Exclusivity Could End Tata's $168M Woe
A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.
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April 29, 2025
HR Co. Execs Say Insurance Biz Can't Sue Companies It Owns
Executives of a human resources management and staffing company urged a Florida federal court to toss a lawsuit brought by its workers' compensation insurance manager alleging it's owed $25 million over a dissipated collateral fund, saying the litigation is "collusive" because the parent company controls the entities it's suing.
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April 29, 2025
After High Court Reversal, 4th Circ. OKs Asbestos Ch. 11 Plan
The Fourth Circuit upheld on Tuesday the Chapter 11 bankruptcy plan for Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., which have faced a raft of asbestos injury claims, agreeing with lower courts that the plan was reached in good faith despite one insurer's objections.
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April 29, 2025
Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far
A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.
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April 29, 2025
Condo Assoc., Insurer End Nashville Bombing Coverage Row
Aspen Specialty Insurance Co. and a Nashville condominium association have agreed to end their dispute over coverage for nearly $11 million in damages caused by the 2020 Christmas Day bombing in the city, ending their battle with a joint stipulation of dismissal filed in Tennessee federal court.
Expert Analysis
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Series
Being A Navy Reservist Makes Me A Better Lawyer
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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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.