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Insurance

April 29, 2025
Retirees Fight Lockheed's Quick Appeal Push In Annuity Suit

Lockheed Martin retirees urged a Maryland federal judge not to allow the company to immediately challenge a ruling that kept alive their suit claiming聽Lockheed illegally pushed workers' pensions into risky annuities, arguing an appeal would be premature even though a similar case was recently tossed out.
April 29, 2025
Insurer Denies Extra $5M For Event Co.'s Injury Dispute

An insurer for a motocross event organizer doesn't owe an additional $5 million in coverage on top of the $1 million it already paid to settle a suit over a child's injury at an amateur national motocross championship event, the carrier told an Ohio federal court.
April 28, 2025
Insurer Fights Arbitration Of Legionnaires' Claims Suit

A Michigan healthcare system's insurer is fighting efforts to send its coverage lawsuit over underlying Legionnaires' disease claims to arbitration in Bermuda, arguing that the dispute does not fall within an underlying arbitration clause.
April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit

Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
April 28, 2025
Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues

Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.
April 28, 2025
FAIR Plan Failed To Pay For LA Fire Smoke Claims, Suit Says

Another group of California homeowners has accused the state's insurer of last resort of illegally denying and underpaying claims for smoke damage following the Los Angeles wildfires despite its obligation to cover all fire-related damage under California law, according to a lawsuit filed in state court.
April 28, 2025
Geico's Failure To Settle Caused $2.8M Judgment, Suit Says

A court-appointed receiver for an at-fault driver has told a North Carolina federal court that Geico should be on the hook for a more than $2.8 million consent judgment against the driver stemming from an August 2020 crash, saying the insurer failed to settle underlying injury claims for the driver's $100,000 limit.
April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers

The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
April 28, 2025
Estate Sues Insurer Over 'Paltry' Offer In DUI Death Case

The estate of a motorcyclist killed by a driver allegedly overserved at a Washington bar has sued to force the bar's specialty insurance company to cover a partial settlement in an underlying wrongful death suit.
April 28, 2025
8th Circ. Told Insurer Must Keep Defending Fatal Crash Suit

A logistics company facing wrongful death claims told the Eighth Circuit its insurer must pay to defend it because it was insured under a trucking company's policy and there was no agreement that a $1 million payment by the insurer absolved the insurer of its duties.
April 28, 2025
Insurance Agency Says Carrier Can't End Car Policy Program

An insurance agency that provides specialized policies for car rental companies asked a Pennsylvania federal court to halt an insurer's plan to abruptly cancel a program through which the agency writes the policies, saying the proposed termination would cause "major disruptions" to rental companies and their customers nationwide.
April 28, 2025
Petrol Co. Says Carriers Must Defend Benzene Injury Suit

A petroleum services company told a New York state court that three of its marine insurers have failed to cover any defense costs incurred in a benzene injury lawsuit, even after it said the lead insurer agreed to defend it under a reservation of rights.
April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says

An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
April 28, 2025
Conn. Insurer Dumped Agent For Raising Red Flags, Suit Says

A Connecticut insurance company terminated one of its agents in retaliation for his complaints about alleged illegal activity, including a concern that Allstate agents were using company log-in information "to pull Progressive quotes," according to a lawsuit in state court.
April 25, 2025
US Seeks To Block Refund For Captive Insurance Penalties

A Pennsylvania federal court should reject a company's bid for an immediate penalty refund聽for operating what the IRS claimed is an abusive tax shelter through its microcaptive insurance program, the government argued Friday, saying the company is seeking protection in an unrelated U.S. Supreme Court ruling.
April 25, 2025
$1.1M Hail Coverage Suit Against Travelers Is Time-Barred

An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid roughly $100,000 in coverage, the property owner filed its coverage action too late.聽
April 25, 2025
Zurich Unit Avoids Health Facility's COVID Coverage Claims

A Zurich unit owes no coverage to a senior living facility for COVID-19-related losses it sought under its property policy's communicable disease provision, an Alaska federal court ruled Friday, finding the governmental closure order in question didn't totally prevent access to its property, as required.
April 25, 2025
IRS Says Docs In Captive Insurance Case Are Privileged

The IRS defended its refusal to release information to a tax services company seeking audit records of its captive insurance program, telling a Texas federal court that the agency's redactions of the requested records are protected by attorney-client privilege and other exceptions to the Freedom of Information Act.
April 25, 2025
Ga. HOA Not Covered In $10M Dog Attack Suit, Insurer Says

An insurer told a Georgia federal court that it doesn't owe coverage to a homeowner's association in a $10 million suit brought by a woman who said she was viciously attacked by her neighbor's dogs in part because of the association's failure to enforce its covenant on animals.
April 25, 2025
Health Insurance Cos. Deny Agents OT Pay, Suit Says

A group of health insurance companies failed to pay agents at a time-and-a-half rate for their hours worked over 40 per week and improperly calculated workers' pay rates, according to a proposed collective action filed in Florida federal court.
April 25, 2025
UK Litigation Roundup: Here's What You Missed In London

This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
April 24, 2025
Investor Sues To Halt 'Cheap' VC Buyout Of Fla. Health Co.

A Florida health business investor sued its founder, its CEO, a venture capitalist firm and others over negligent misrepresentation in connection to a proposed buyout, alleging a proxy statement omitted conflicts of interest and included deceptive financial data in order to justify the company's "cheap" acquisition.
April 24, 2025
Judge Lifts Arbitration Order In Hurricane Coverage Suit

A Louisiana federal judge Wednesday reversed his decision compelling arbitration of an insurance dispute over coverage for hurricane damage in light of new precedent from the state's top court, pointing to a "crucial" mandate requiring that the underlying policies be interpreted as separate contracts.
April 24, 2025
Insurer Says No Coverage For Nursing Home Negligence Deal

An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.
April 24, 2025
Margolis Edelstein Accused Of Botching Malpractice Coverage

Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.

Expert Analysis

Artfully Conceding Liability Can Offer Defendants 3 Benefits

In the rare case that a company makes the strategic decision to admit liability, it鈥檚 important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at聽Persuasion Strategies.
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.