Insurance

  • May 21, 2024

    Calif. Justices Mull COVID-19 Business Interruption Coverage

    Counsel for Sentinel Insurance urged the California Supreme Court on Wednesday to reverse an appellate court's finding that a San Francisco restaurant's policy covered COVID-19 business interruption losses, disputing that court's finding that the policy's promise of virus coverage would otherwise be "illusory." 

  • May 21, 2024

    No Coverage For Real Estate Appraiser For Disciplinary Action

    Great American Assurance owed no defense to a real estate appraiser for a disciplinary action over claims of an "egregiously inaccurate" valuation, an Indiana federal court ruled, finding that her failure to disclose the underlying claims in her insurance renewal application warranted rescinding the policy. 

  • May 21, 2024

    Texas Court Questions Luxottica On 'Playing Favorites' In Sale

    A Texas appellate court on Tuesday asked whether an eyewear conglomerate was "playing favorites by not disclosing" alleged fraud by its franchisees in a sale of two stores to other franchisees, questioning Luxottica's assertion it had to keep its hands off the transaction.

  • May 21, 2024

    NY High Court Upholds State Abortion Coverage Mandate

    New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.

  • May 21, 2024

    Ex-LA DA Sues State Farm Over Gun Incident Legal Fees

    Former Los Angeles County District Attorney Jackie Lacey sued her insurer in California state court Tuesday, alleging State Farm cost her more than $2.1 million by failing to cover legal fees when she and her late husband were sued because he brandished a gun against protesters at their home.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Georgia State Farm Office, Ex-Worker Settle Overtime Suit

    A State Farm franchise reached a settlement with a former insurance agent producer, putting to rest claims the company misclassified him as an overtime-exempt salaried worker, failing to pay him overtime wages in violation of the Fair Labor Standards Act.

  • May 20, 2024

    Travelers Owed Tech Co. Defense In TM Row, 8th Circ. Says

    Travelers had a duty to defend a computer retailer in an underlying trademark infringement action filed by Cisco Systems, the Eighth Circuit affirmed Monday, saying it cannot conclude that coverage is barred by the policy's related-acts provision.

  • May 20, 2024

    10th Circ. Oral Args. Poised To Shape NM Pollution Coverage

    The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.

  • May 20, 2024

    8th Circ. Upholds Deere's Win In Insurer's Tractor Fire Suit

    Deere & Co. has no duty to reimburse Secura Insurance Co. for coverage payments after two of its insured's tractors caught fire in separate incidents, the Eighth Circuit ruled Monday, noting the distinction between a design and manufacturing defect.

  • May 20, 2024

    3 Insurance Execs Can't Hit Pause On Asset Theft Claims

    Three former Sherbrooke Corporate Ltd. executives accused of stealing assets when they left to form their own venture lost a bid to halt the company's lawsuit, after a North Carolina federal judge doubted that their efforts to toss the case would succeed.

  • May 20, 2024

    7-Eleven Says Insurer Must Cover Wrongful Death Suit

    The insurer of a Houston 7-Eleven lessee facing negligence claims after one person was fatally shot and another was injured on its property must also cover 7-Eleven corporate in the litigation, the convenience store giant said, though conceding the lessee store's policy didn't specifically include 7-Eleven as an additional insured.

  • May 20, 2024

    Auto Accessory Co. Secures Partial Coverage For BIPA Row

    An insurer must defend an automotive accessory company in a proposed class action alleging violations of Illinois' Biometric Information Privacy Act, the Seventh Circuit ruled, finding that unlike the company's primary and excess commercial general liability policies, an umbrella policy "lacks an exclusion pertaining to nonpublic information."

  • May 20, 2024

    Patients Urge 9th Circ. To Deny UBH Petition In Claim Fight

    Patients alleging United Behavioral Health mismanaged their mental health and substance use disorder treatment claims urged the Ninth Circuit not to grant the insurance company's petition for appellate court intervention in the consolidated action, arguing the effort was inappropriate and unjustified.

  • May 20, 2024

    Atty Wants In On Ch. 11 Pause In Fraud Suit Against Law Firm

    A Houston attorney being sued for alleged misconduct in soliciting hurricane victims has asked a federal court to include him in a bankruptcy-triggered pause in the proceedings against his law firm, arguing that any judgment against him would effectively be against the law firm.

  • May 20, 2024

    Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal

    Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.

  • May 20, 2024

    Settlement Ends Insurer's Stormwater Coverage Suit

    An H.W. Kaufman Group insurer settled a lawsuit seeking a declaration that it owed no coverage to a home construction company or its owner in an underlying suit accusing the company of performing defective work that led to pooling stormwater, according to a notice filed in Georgia federal court.

  • May 17, 2024

    Insurer Escapes Claim In SimulTV's Tower Work Deal Suit

    Development & Managers Group can't go after the insurer of a company that accused it of taking a down payment on the purchase of three DMG-owned television stations and then looking for other potential buyers, a Louisiana federal court has ruled.

  • May 17, 2024

    Colo. Precedent Barred Insurer's Crash Liability Challenge

    A Colorado state appeals court affirmed a lower court's finding that a Progressive unit couldn't contest liability in its policyholder's car crash case involving an uninsured driver, saying the lower court correctly applied binding Colorado Supreme Court precedent.

  • May 17, 2024

    BCBS Says 'Clear' Contract Ends Ex-NBA Player's Suit

    Blue Cross and Blue Shield of North Carolina pressed a state district court to throw out a lawsuit brought by retired NBA star Rodney Rogers that alleges in-home nursing was suddenly denied, arguing the "clear language" of his benefits doesn't provide for long-term, in-home nursing.

  • May 17, 2024

    Frontier Attacks Ex-CEO's $17M Life Insurance Tax Refund Bid

    Pointing to a 2004 arbitration agreement and criticizing its ex-CEO's compensation, Frontier Communications has asked a Connecticut state court judge to hang up on a call by Leonard Tow to litigate a $17 million demand for reimbursements on life insurance policies.

  • May 17, 2024

    Furniture Co. Says Insurer Wrongly Denied Hacking Coverage

    A Pittsburgh furniture company accused its insurer of bad faith and breach of contract for failing to cover more than $530,000 in losses due to monthslong hacking that began in 2021.

  • May 17, 2024

    Insurance Cos. Jointly Drop Policy Language Copyright Suit

    An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.

  • May 17, 2024

    $5M Candy Recall Coverage Dispute Moved To Texas Court

    An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."

Expert Analysis

  • Parsing Insurance Issues After Mass Shooting 'Occurrences'

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    A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Top 10 Queries For Insurers Entering Surplus Lines Market

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    John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.

  • Considering CGL Defense For Social Media Addiction Claims

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    A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • 9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

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    In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • What New Conn. Insurance Bulletin Means For Data And AI

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    A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney. 

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • An NYDFS-Regulated Bank's Guide To Proper Internal Audits

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    As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.

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