Insurance

  • May 24, 2024

    Software-Aided Price Fixing Under Antitrust Assault

    Claims that companies in the same industry are using software middlemen to fix prices are percolating in federal courts around the country, with cases targeting major operators in residential real estate, hospitality and health insurance, among other areas.

  • May 24, 2024

    Insurer's Coverage Suit Premature, Ga. Apt. Complex Says

    An apartment complex facing negligence claims over a shooting told a Georgia federal court that its insurer's suit seeking to avoid coverage must be tossed, arguing that without any factual findings in the underlying state court action, any finding on the insurer's duty to indemnify would be premature.

  • May 24, 2024

    Foley & Lardner Given All-Clear To Exit SEC Suit

    A North Carolina federal judge permitted Foley & Lardner LLP on Friday to exit as counsel for a Malta-based registered investment adviser that is defending claims in a $75 million lawsuit brought by the U.S. Securities and Exchange Commission, despite the judge's previous concerns about the firm's withdrawal.

  • May 24, 2024

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

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

  • May 24, 2024

    Insurer Owes Coverage For School Defect Claim, Builder Says

    A general contractor told a Washington federal court it is entitled to coverage under a subcontractor's commercial general liability policy with a Liberty Mutual unit for defects and damage that a school district alleges was caused by the subcontractor while working on a school expansion project.

  • May 23, 2024

    Calif. High Court Deals Loss To Policyholder In COVID-19 Suit

    The California Supreme Court ruled Thursday that the coronavirus generally doesn't cause the kind of damage to property that would trigger coverage under an insurance policy, handing a win to a Chubb insurance company in one of the last major venues for pandemic coverage litigation.

  • May 23, 2024

    Man Can't Enforce Fatal Car Crash Settlement, Ga. Panel Says

    The Georgia Court of Appeals on Thursday affirmed a trial court's rejection of a motion to enforce a presuit settlement in a case accusing a driver of fatally striking a man who was standing next to his vehicle on a highway's emergency lane, finding no agreement ever formed.

  • May 23, 2024

    Ex-Physical Therapy Clinics Owner Gets 2 Yrs. In Billing Scam

    The former owner of eight physical therapy clinics in the Boston area was sentenced Thursday in Massachusetts federal court to just over two years in prison for a years-long scheme to bill insurance companies for nonexistent treatments, including for himself.

  • May 23, 2024

    2nd Circ. Revives Insurer's $2.5M Suit Over Valuation Software

    The Second Circuit on Thursday revived an insurer's indemnification bid against software company Audatex for $2.5 million in costs from a suit alleging its use of Audatex's valuation software resulted in underpayment for totaled cars, concluding the lower court erred in finding the suit didn't result from the insurer's use of Audatex's software.

  • May 23, 2024

    NC High Court Grants Review In Clothier's Virus Coverage Suit

    North Carolina's top court on Thursday agreed to take up a clothing company's coverage appeal for COVID-19 losses against Zurich after a lower appellate panel found the virus did not cause the kind of physical loss or damage necessary to invoke coverage.

  • May 23, 2024

    4th Circ. Rules No Coverage For Mars' COVID Losses

    Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

  • May 23, 2024

    Houston Law Firm Wants To DQ Creditors' Counsel In Ch. 11

    Troubled MMA Law Firm PLLC is seeking to stop another firm from representing its bankruptcy creditors, arguing that MMA's principal had previously spoken with the other firm as a prospective client and had shared confidential information that now could be used against his firm.

  • May 23, 2024

    Estate Sues Hanover For $13.4M Judgment In Death Suit

    The Hanover Insurance Group has refused to pay a judgment of nearly $13.4 million to the family of a man who died in the care of a Connecticut group home, according to a lawsuit in state court.

  • May 23, 2024

    Ark. Judge Sides With Insurer's Cyber Policy Interpretation

    An Arkansas federal judge ruled an insurer correctly evaluated a telemarketing company's losses from a cyberattack, agreeing that "normal operating expenses" the company paid from revenue during that period aren't included in the loss and that any other interpretation would give the company a windfall.

  • May 23, 2024

    Insurer, Ski Resort Co. Battle Over COVID Coverage

    An owner and operator of 15 ski resorts urged a Colorado state court to find that an AIG unit owes coverage under its policy's "loss of attraction" provision for COVID-19-related business interruption losses, while the unit argued that a voluntary shutdown of business, "even for good reasons," isn't covered.

  • May 23, 2024

    Coverage Suit Paused Until Resolution Of Gun Sales Dispute

    A California federal court paused Crum & Forster's suit against a police gun and fitness club and the city of Los Angeles over coverage for underlying actions brought by officers accusing the club of selling them stolen handguns, citing factual overlap between the actions.

  • May 22, 2024

    Calif. Justices Debate Time To Sue To Change Insurer's Practices

    A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.

  • May 22, 2024

    Conn. Judge Doubts Restaurant's Insurance Beef Is Stale

    Connecticut's chief intermediate appellate court judge appeared skeptical Wednesday of Liberty Mutual Insurance Co.'s position that a restaurant is barred from suing over the denial of coverage for a worker's hand injury, suggesting that previous litigation over the worker's compensation policy has no bearing on the current suit. 

  • May 22, 2024

    Seattle Sues Train Cos. Over Bike Track-Crossing Suits

    The city of Seattle says two short-line railroads have breached agreements to maintain liability insurance and indemnify the city in lawsuits from cyclists injured crossing tracks along a perilous stretch of a popular bike trail, according to a complaint filed in Washington state court.

  • May 22, 2024

    Skadden, Latham Lead Specialty Insurer's Upsized $128M IPO

    Private equity-backed insurer Bowhead Specialty Holdings Inc. on Wednesday priced an upsized $128 million initial public offering above its planned price range, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkin LLP, marking the first sizable insurance IPO of 2024.

  • May 22, 2024

    Fla. Judge Won't Pause Russian Planes Coverage Suit

    A Florida judge on Wednesday refused to pause an aircraft leasing company's coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, denying a request by some of the company's insurers to wait until litigation in the U.K. is resolved.

  • May 22, 2024

    Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss

    The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.

  • May 22, 2024

    Insurer Denied Win In Leaky Window Coverage Dispute

    A Kansas federal court refused to rule that an insurer has no duty to defend or indemnify its policyholder in a defective window installation dispute with a county board of commissioners, saying granting the insurer's request would impact the board's rights as a third-party beneficiary.

  • May 22, 2024

    Insurance Co. Says Ex-Underwriter 'Lured' Away Colleagues

    An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaint designated Wednesday to North Carolina Business Court.

  • May 22, 2024

    3M Says Insurers Are Dodging Coverage Of $6B Earplug Deal

    3M and its subsidiary Aearo Technologies have reported difficulties getting their insurers to pay out more than $1.5 billion in coverage after the companies reached a $6 billion deal to settle multidistrict litigation alleging their combat earplugs failed to protect the hearing of service members and veterans.

Expert Analysis

  • Leveraging Insurance Amid Microplastics Concerns

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    A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Examining Illinois Genetic Privacy Law Amid Deluge Of Claims

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    After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • An American Policyholder's Guide To UK Insurance Arbitration

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    No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

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    As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

  • FDIC Bank Disclosure Rules Raise Important Questions

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    The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

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