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Insurance

  • March 31, 2025

    Trucking Co. Says Insurers Owe Coverage For BIPA Suit

    A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.

  • March 31, 2025

    Insurer Can Limit Rates But Not Counsel In Utility Litigation

    A Swiss Re unit can limit the rates it pays to defend utility company Aqua's successor entity in litigation over alleged lead contamination in a Chicago suburb's water supply, a Pennsylvania federal judge has ruled, adding that the insurer cannot make Aqua change its counsel.

  • March 31, 2025

    Insurer Denies Coverage For Crushing Death, Alleging Lies

    A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.

  • March 31, 2025

    Alcoa Gets Pension Annuity Suit Thrown Out, For Now

    A D.C. federal judge agreed to toss a proposed class action from Alcoa retirees who alleged the aluminum manufacturer put their pensions at unnecessary risk by converting their benefits into annuity insurance contracts, backing Alcoa's argument that the retirees lacked standing to sue.

  • March 31, 2025

    Insurer Must Cover $2.4M Water Damage, Condo Owners Say

    A Washington condo association has filed a federal consumer protection complaint against Country Casualty Insurance Co., alleging $2.4 million in unpaid claims for hidden water damage to exterior sheathing and framing the condo association says is covered by its property insurance policy.

  • March 31, 2025

    Del. Court Says Mattel Sleeper Claims Are One Occurrence

    Injury claims against toy-makers Mattel and subsidiary Fisher Price over their Rock n' Play Sleeper products constitute a single occurrence under Mattel's various commercial general liability policies, a Delaware state court ruled, though further finding that individual alleged injuries must still fall under different policy years.

  • March 31, 2025

    Progressive Says Motorcycles Aren't 'Autos' For Crash Claims

    Progressive asked a North Carolina federal court to declare it does not owe bodily injury coverage to a woman who was hurt while riding as a passenger on a motorcycle that went off the road, arguing in its new complaint that the motorcycle is not an "auto" for "auto accident" coverage.

  • March 28, 2025

    AIG Trade Secrets Row With Insurance Startup Gets Trimmed

    A New Jersey federal court narrowed a trade secrets theft suit brought by AIG units against a new insurer founded by former senior executives, calling claims of interference with contract, breach of fiduciary duty and unauthorized access of AIG's computers unsupported Friday.

  • March 28, 2025

    Water Park Injury Award Coverage Capped At $1M, Court Told

    An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.

  • March 28, 2025

    AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits

    An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.

  • March 28, 2025

    Microcaptive Case Doesn't Curb Tax Collection, 10th Circ. Told

    The IRS mischaracterized a lawsuit seeking to set aside guidance requiring additional reporting for microcaptive insurance arrangements, a plumbing supply company and its owners told the Tenth Circuit, saying their suit isn't barred because it doesn't restrain tax collection as the agency claimed.

  • March 28, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen sparkling winemaker Nyetimber hit a rival distillery with an intellectual property claim, Newcastle United's former owner Mike Ashley target the club's ex-vice president for damages tied to a fraudulent investment, and a real estate agency file a legal claim against law firm Winston & Strawn LLP. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2025

    LA Zoo Org. Not Covered In City Contract Row, Insurer Says

    An insurer has no duty to defend or indemnify the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, the carrier told a California federal court, saying claims arising out of a breach of contract or related to the association's professional services are excluded.

  • March 28, 2025

    Insurer Denied Early Win In $6.1M Cargo Loss Coverage Suit

    A New York federal judge said there was too much controversy to hand an early win to a stone company in its case seeking coverage of a more than $6.1 million loss over marble destroyed by a snail infestation. 

  • March 28, 2025

    NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On

    In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.

  • March 27, 2025

    Diopsys Inks $14M Deal Resolving Vision Testing FCA Claims

    Medical device maker Diopsys Inc. has agreed to pay up to $14.25 million to put to rest allegations it violated the False Claims Act by submitting false Medicare and Medicaid claims for certain vision testing services, according to a U.S. Department of Justice announcement Thursday.

  • March 27, 2025

    Ga. Firm Sues Allstate Over Wrecked Car Fee Coverage

    A Georgia law firm hit Allstate Insurance Co. with a proposed class action over allegations that it fails to pay title transfer fees and license registration fees to insureds who incur total loss claims.

  • March 27, 2025

    Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit

    An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.

  • March 27, 2025

    Coverage Row Over OpenText Merger Now Moot, Judge Says

    A Michigan federal court tossed on Thursday an insurer's lawsuit seeking a declaration that it had no duty to indemnify a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, finding the dispute is now moot because the insurer's coverage limit has already been exhausted.

  • March 27, 2025

    NC Biz Court Limits Testimony In Smithfield Coverage Trial

    A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.

  • March 27, 2025

    Elevance Fails To Pay Wages At Termination, Worker Says

    Elevance Health failed to pay workers their final wages on the business day following their terminations in violation of Connecticut law, and now owes them twice the amount of those wages, according to a proposed class action filed in state court.

  • March 27, 2025

    Panera Franchisee Blames Insurer For Slip-And-Fall Payout

    A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    Ill. Justices Hold WestRock Unit To $5M Superfund Coverage

    The Illinois Supreme Court won't hear a WestRock Co. subsidiary's petition for review of an appeals decision affirming that one of its insurers had no duty to cover environmental cleanup costs at a now-shuttered paper mill while another insurer already paid its applicable coverage limit.

  • March 26, 2025

    Honigman Gains New Insurance Recovery Partner In Chicago

    Business law firm Honigman LLP announced Wednesday the addition of a policyholder-side insurance and reinsurance recovery litigation partner, who left Reed Smith to join its Chicago office.

Expert Analysis

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • 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.

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