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Insurance
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November 20, 2024
Insurance Mogul Seeks Transfer To Fla. Halfway House
A billionaire businessman embroiled in a host of criminal and civil suits centered on his crumbling insurance empire wants to relocate to a halfway house in Florida as he awaits sentencing on federal bribery charges, saying restrictions at the county jail have hamstrung his ability to talk to his defense attorneys.
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November 20, 2024
Burger King Franchisee Escapes BIPA Coverage Counterclaim
An Illinois federal judge has axed an AIG subsidiary's counterclaim in a Burger King franchisee's lawsuit seeking coverage for an underlying case accusing it of violating Illinois' biometric privacy law, concluding that the counterclaim is redundant and "adds nothing that will not be decided through resolution of the motions for summary judgment."
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November 20, 2024
NJ Power Broker, Attys Demand Wiretap Docs In RICO Case
George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.
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November 20, 2024
No Coverage For Road Rage Shooting Dispute, Judge Says
The auto insurer for a freight transportation company needn't cover an underlying suit over the fatal shooting of a man during a road rage altercation, a West Virginia federal court ruled, saying the shooting was "wholly unrelated to the inherent nature of the vehicle."
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November 20, 2024
Pa. Justices Ask Why CBD Isn't 'Medicine' For Hurt Workers
Justices on the Pennsylvania Supreme Court questioned Wednesday why they should accept an insurer's assertion that hemp-derived CBD oil should be deemed dangerous, when an injured attorney's physician had prescribed it for pain relief as part of his workers' compensation treatment plan.
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
UnitedHealthcare Can't Escape Patient's Proton Beam Suit
A Florida federal judge on Tuesday refused to toss a federal benefits lawsuit from a patient who alleged that UnitedHealthcare wrongly denied him coverage for proton beam therapy to treat tongue cancer, rejecting the insurer's argument that an exclusion for unproven treatments applied.
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November 19, 2024
Parties Voluntarily Toss Sewer Expansion Coverage Row
An Indiana federal court dismissed a lawsuit Tuesday from a utility company's insurer seeking to avoid covering a $5 million consent judgment and a $14 million damages claim from underlying litigation concerning a sewer expansion plan, after it was told in September the parties reached a global settlement in principle.
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November 19, 2024
Insurers Urge Arbitration Of Union Fund's ERISA Claims
Elevance Health Inc. and several affiliated health insurers want a Connecticut federal judge to force arbitration of claims brought by a union fund that alleges excessive fees violated benefits law, arguing that the companies were unaware of an arbitration agreement with the plaintiff when they started litigating the early stages of a proposed class action.
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November 19, 2024
Misnomer Doesn't Doom Fire Subrogation Suit, NC Panel Told
An insurer that sued two fire safety companies asked a North Carolina appeals court for another chance after it misidentified itself in its complaint, saying it made a nonprejudicial mistake in its suit seeking recovery for a 2019 blaze at a Hardee's restaurant it insured.
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November 19, 2024
Condo Says Insurer Underpaid By $19M After Hurricane Ian
A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.
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November 19, 2024
Truck Insurance Must Arbitrate Asbestos Coverage Claims
Truck Insurance Exchange must arbitrate its dispute with a group of reinsurers over coverage for asbestos bodily injury claims filed against Kaiser Cement & Gypsum, a California federal judge ruled, saying there was "little difficulty" in concluding that the case falls within the parties' arbitration agreement.
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November 19, 2024
No Coverage Owed For 1977 Auto Crash, Mich. Panel Rules
A man who was injured in a 1977 automobile accident cannot get no-fault injury benefits from an auto insurer decades later, a Michigan appeals court ruled, finding there's no evidence the insurer either issued benefits payments for the man or that a claim was ever filed for him.
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November 18, 2024
BCBS Wants New Trial After Worker's $12M Vax Suit Win
Blue Cross Blue Shield of Michigan has urged a federal judge to expunge a $12.69 million jury award won by a former employee who claimed she was unlawfully fired because her religious beliefs forbade her from getting a COVID-19 vaccination, saying her evidence of discrimination wasn't up to snuff.
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November 18, 2024
State Farm Keeps Win In Suit Over Fatal Domestic Shootings
An Ohio state appeals court on Monday backed State Farm's early win in a dispute between the estates of two deceased romantic partners following shootings that left both dead, with the three-judge panel concluding that the lower court rightly ruled that the insurer's policies with the boyfriend did not cover the incident.
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November 18, 2024
Pa. Lab Seeks Ad Coverage For Libel Suit Over COVID Tests
A Pennsylvania laboratory told a federal court Monday that its insurer must cover it in an underlying lawsuit brought by a COVID-19 test manufacturer in which the manufacturer alleged that the lab sent 19,000 letters to test kit users wrongfully stating that the tests were unreliable.
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November 18, 2024
Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit
The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.
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November 18, 2024
Wash. Court Asked To Eye Renewal Docs In Fire Damage Row
A Washington couple and two Progressive units urged a federal court to issue a pretrial ruling on whether the couple is entitled to up to $750,000 for a fire they said "destroyed" their home, after Progressive denied coverage for failure to pay the homeowner policy's premium.
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November 18, 2024
Nursing Home Owner Pleads Guilty A 2nd Time To Tax Fraud
A nursing home operator pled guilty for the second time in Newark federal court on Monday to a $38.9 million employment tax fraud scheme involving care centers he owned across the country.
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November 18, 2024
Justices Pass On Coverage Row Over Wood Treatment Injury
The U.S. Supreme Court on Monday declined to take up an insurer's argument that a wood treatment product maker's policy excludes coverage of an underlying suit over a man's cancer diagnosis following decades of exposure to the chemical.
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November 15, 2024
Murdaugh's Ex-Banker Wins New Trial Over Juror Removal
A bank executive who helped disgraced lawyer Alex Murdaugh steal client money deserves a new trial because a juror was inappropriately removed during deliberations, the Fourth Circuit has ruled in an issue of first impression.
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November 15, 2024
Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs
A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.
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November 15, 2024
Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.
The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.
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November 15, 2024
California Blames Travelers For Rot Remediation Policy Deceit
In a case with potentially untold financial consequences, California district attorneys are blaming Travelers in state court for trying to attract customers by offering coverage for fungi and rot remediation for years without adequately disclosing stringent exclusions to state policyholders, in violation of state code.
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November 15, 2024
Insurer Drops Daycare Abuse Suit Following Settlement
A Michigan federal court formally dismissed an insurer's declaratory action seeking to avoid covering a daycare and a former employee in an underlying lawsuit accusing the employee of physically and emotionally abusing three children, finding the matter is now moot since the underlying parties reached a settlement.
Expert Analysis
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Leveraging Insurance Amid Microplastics Concerns
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.
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Series
Teaching Yoga Makes Me A Better Lawyer
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.
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A Vision For Economic Clerkships In The Legal System
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.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
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.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
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.
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An American Policyholder's Guide To UK Insurance Arbitration
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.
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5 Climate Change Regulatory Issues Insurers Should Follow
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.
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Series
Swimming Makes Me A Better Lawyer
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.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
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.
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Notable Q1 Updates In Insurance Class Actions
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.
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6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense
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.
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FDIC Bank Disclosure Rules Raise Important Questions
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.
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Why RWI Insurers Should Consider Excluding PFAS
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.