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Insurance

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聽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.
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.
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.
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.聽
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.聽
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Expert Analysis

Mentorship Resolutions For The New Year

Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process 鈥� mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
LA Wildfires' Effect On Calif. Insurer Of Last Resort

Attorneys at Willkie discuss the background of California's insurer of last resort 鈥� known as the Fair Access to Insurance Requirements Plan 鈥� and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
What Insurers Should Know About AI Use In Litigation

As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it 鈥� and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
4 Property Insurance Action Steps For LA Policyholders

Property insurance will play a vital role in rebuilding the areas affected by the Los Angeles wildfires, and policyholders should be aware of key aspects of that coverage in order to maximize their insurance recovery, say attorneys at Cohen Ziffer.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024鈥檚 uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts鈥� resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects 鈥� so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
Calif. Justices' Options In Insurance Exhaustion Case

Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at聽Langsam Stevens.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Opinion

A Federal Insurance Mandate For Private Aviation Is Overdue

A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences 鈥� and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have 鈥渇led鈥� Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
5 E-Discovery Predictions For 2025 And Beyond

In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.