Insurance

  • January 24, 2025

    Insurance Group Of The Year: Covington

    From cementing Merck's win in a $1.4 billion cyber coverage dispute to securing insurance coverage for Tyco in sprawling multidistrict litigation over forever chemicals, Covington & Burling LLP's work in precedent-setting cases has earned it a spot among the 2024 Law360 Insurance Groups of the Year.

  • January 24, 2025

    Philip Morris Settles Tobacco Liability Trial After Openings

    Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.

  • January 24, 2025

    Law Firm Sues AIG Unit Over Sports Fraud Coverage

    A Florida-based law firm and its principal attorney have accused an AIG unit of misleading them into defending a sports memorabilia collector and his company in a Securities and Exchange Commission civil action and two related criminal cases, saying the unit had already agreed in writing to their billing rates.

  • January 24, 2025

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

    This past week in London has seen Axa Insurance and Admiral face a claim from a former lawyer recently exposed for personal injury fraud, the owner of Reading Football Club sue a prospective buyer and mobile network Lycamobile tackle action by Spanish network Yogio. Here, Law360 looks at these and other new claims in the U.K.

  • January 23, 2025

    Marlboro Smoker Was Target Of Deception, Jury Hears

    Philip Morris targeted a Massachusetts preteen as a "replacement" customer for others who were dying of lung disease, a Springfield jury heard Thursday, though the company's lawyer said the woman had free will and knew enough to stop smoking.

  • January 23, 2025

    McKinsey Not Covered For Over 260 Opioid Suits, Chubb Says

    A group of Chubb insurers said they have no duty to defend or indemnify McKinsey & Co. in more than 260 suits accusing the management consulting firm of contributing to the opioid epidemic, telling a Delaware state court that the underlying suits do not seek damage "because of" bodily injury.

  • January 23, 2025

    Fla. Insurer Tries To Toss Suit Blaming It For Black Mold Death

    A Sunshine State insurer accused of wrongfully causing the death of a woman who died from black mold contamination after it didn't send a promised team to her home to fix hurricane damage has urged a Florida judge to dismiss the suit, calling it a bad-faith case in disguise trying to get around an already pending contract dispute.

  • January 23, 2025

    Home Health Agency Operator Gets 12 Years For $100M Fraud

    The former operator of a Massachusetts home healthcare agency convicted of fraud last summer has been sentenced to 12 years in prison and ordered to pay nearly $100 million in restitution to the state's Medicaid program.

  • January 23, 2025

    Insurance Group Of The Year: O'Melveny

    O'Melveny & Myers LLP attorneys scored important wins for insurers in pandemic business interruption litigation before the California Supreme Court and in a Ninth Circuit case on defense of numerous underlying opioid lawsuits, landing the firm a spot among the 2024 Law360 Insurance Groups of the Year.

  • January 23, 2025

    Freddie Mac Puts End To $32M SEC Probe Coverage Dispute

    Freddie Mac told a D.C. federal court that it has reached a settlement with underwriters at Lloyd's of London, bringing an end to the government-backed mortgage lender's $32 million coverage suit stemming from civil actions and federal probes related to its collapse during the 2008 global financial crisis.

  • January 22, 2025

    'Unicorn Prosecution' Could Upend Legal Practice, Court Told

    Brown & Connery LLP partner William Tambussi told a New Jersey state judge Wednesday that the entire practice of law in the Garden State rests on his impending decision on the charges against him in the state's sweeping racketeering case targeting power broker George E. Norcross III, arguing that a lawyer has never been prosecuted for routine legal work.

  • January 22, 2025

    Toy Co. Not Covered In Unpaid Judgment Suit, Judge Says

    A Berkshire Hathaway insurer has no duty to defend a toy company accused of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, a Minnesota federal court ruled, finding that abuse of process claims are not covered under the policy.

  • January 22, 2025

    Insurer Asks NC Court To Revive Civil Rights Coverage Fight

    An insurer asked a North Carolina state appeals court to revive its case seeking to deny coverage to the state after stepbrothers who were wrongfully convicted of the rape and murder of an 11-year-old girl won an underlying civil rights suit against the state officers they blamed for their incarceration.

  • January 22, 2025

    Benzene Suits Against Retailers Not Covered, Insurer Says

    An insurer doesn't have to cover claims that CVS, Walmart, Walgreens and others sold products linked to a carcinogen, benzene, because the customers making the underlying allegations sought only reimbursement for the products they bought, the carrier told a California state court.

  • January 22, 2025

    Insurance Group Of The Year: Cohen Ziffer

    Cohen Ziffer Frenchman & McKenna LLP gained coverage for opioid litigation against Walmart Inc., convincing an Arkansas court that damages were sought in opioid cases because of bodily injuries, cementing the firm for the second year running among the 2024 Law360 Insurance Groups of the Year.

  • January 22, 2025

    Nationwide Unit Needn't Cover Self-Dealing Suit, Court Says

    A Nationwide unit doesn't owe coverage for a federal bankruptcy suit accusing two restaurateurs of engaging in self-dealing, a California federal court ruled, pointing to a policy exclusion barring coverage for wrongful acts that were noticed under a prior policy.

  • January 22, 2025

    Captive Insurance Co. Head Seeks Tax-Shelter Fine Refund

    A tax attorney who heads a business that creates captive insurance companies said the IRS wrongly accused him of promoting an abusive tax shelter, telling an Ohio federal court the agency owes him a refund of penalties he handed over.

  • January 21, 2025

    La. Judge Lifts Arbitration Order In $7M Ida Damage Case

    A Louisiana federal judge lifted a stay and vacated an order to arbitrate a $7 million Hurricane Ida damage claim against domestic surplus insurers, ruling that a recent decision from Louisiana's top court represents an "'intervening change in the controlling law.'"

  • January 21, 2025

    4th Circ. Won't Undo Doctor's Conviction For Reusing Devices

    A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.

  • January 21, 2025

    Lyft Driver Says Carjacking Suit Should've Settled Sooner

    A Lyft driver accused his insurer of violating Washington's Insurance Fair Conduct Act over his bid for uninsured motorist benefits following a carjacking, saying the insurer forced him to go to arbitration and win an over $1.1 million award rather than accept his earlier $1 million policy limit demands.

  • January 21, 2025

    AI Auto Damage-Assessing Giant Settles Monopoly Claims

    Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.

  • January 21, 2025

    Conn. Cannabis Co.'s Income Loss Not Covered, Judge Says

    A cannabis product manufacturer cannot get more than $1.3 million in business interruption coverage from a Berkshire Hathaway unit for a fire in one of its "flowering rooms," a Connecticut federal court ruled, finding it failed to establish a causal link between a suspension of operations and lost income.

  • January 21, 2025

    10th Circ. Skeptical Ruling Would Invite Bogus Claim Denials

    A Tenth Circuit panel appeared skeptical Tuesday that a lower court had cleared the way for the insurance industry to rely on flawed expert reports to justify claims decisions, with one judge suggesting the ruling was a limited one.

  • January 21, 2025

    High Court Asked To Review Malpractice Insurance Claim Row

    A California woman has asked the U.S. Supreme Court to review a First Circuit ruling that upheld a federal court's judgment despite it being "explicitly contrary" to Massachusetts law, telling the court that denying her bid for a certification by the state's high court punishes federal plaintiffs and encourages forum shopping.

  • January 21, 2025

    As Fire Victims Seek Legal Help, Experts Warn Of Red Flags

    As lawyers from across the nation descend upon Southern California to sign up those affected by the devastating wildfires, fire victims should not rush to hire an attorney, lest they also become victims of fraud or other predatory practices, the state bar and ethics-savvy attorneys warn.

Expert Analysis

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • What To Know About Insurance Coverage For Antitrust Risks

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    With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Finding Coverage For Online Retail Privacy Class Actions

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    Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

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