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November 27, 2024
Virgin Islands Mall, Lloyd's End $6M Spat Over July 4 Fire
The owner of a historic marketplace in the U.S. Virgin Islands, which accused certain underwriters at Lloyd's of London of denying more than $6 million in claims after an Independence Day fire, agreed to drop all claims against the underwriter, according to a notice Monday.
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November 27, 2024
Co. Seeks $4.4M In Bad Faith Damages Over Developer Row
A collections company that was assigned insurance rights as part of settled, underlying litigation concerning a real estate development in Washington state told a federal court it's entitled to over $4.4 million in bad faith damages against an insurer, arguing the carrier prioritized its own interests ahead of its insured.
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November 27, 2024
Insurer To Pay Conn. City $1M For Stolen COVID Funds
The insurer for the city of West Haven, Connecticut, will pay more than $1 million to offset losses caused by the theft of federal COVID-19 relief funds by a former state representative and city employee, according to a press release.
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November 27, 2024
Attys, Insurance Broker Seek Appeal In $22M Tax Scheme
Two attorneys and an insurance agent plan to appeal to the Fourth Circuit their convictions in a criminal case that accused them of participating in a $22 million tax avoidance scheme, according to Wednesday filings in North Carolina federal court.
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November 27, 2024
No Coverage For Drywall Co. In Murder Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a drywall company accused of negligently hiring a man who murdered a house cleaner in a home he was working on in Galveston County, telling a Texas federal court that several policy exclusions preclude coverage.
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November 27, 2024
3 Argument Sessions Benefits Attys Should Watch In Dec.
The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.
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November 26, 2024
3M Says $6B Settlement Docs Needed In AIG Europe Fight
3M is urging a Florida federal court to release information relating to its recently inked $6 billion deal ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which is tasked with determining whether insurer AIG Europe Ltd. is wrongly refusing to pay its share of the historic pact.
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November 26, 2024
Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict
A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 26, 2024
Susman Godfrey Riding 'Coattails' In $147.5M Deal, Court Told
Susman Godfrey LLP should be denied fees for representing objectors to a $147.5 million global settlement of a life insurance proposed class action in Connecticut, class counsel has argued, saying the firm sought to "impede" rather than secure the deal and only rode class counsel's "coattails."
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November 26, 2024
New Orleans Property Owner Revives Bid To Nix Arbitration
A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.
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November 26, 2024
CGL Carrier Seeks $1.2M In Inter-Insurer Injury Dispute
A general liability insurer told a Michigan federal court that a professional liability insurer owes $1.2 million toward a $1.5 million settlement reached in an underlying lawsuit involving their mutual insured, a cardiovascular practice located in a Detroit hospital, arguing that the professional liability policy covered the claim.
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November 26, 2024
7th Circ. Says Insurer Must Defend $3.4M Faulty Work Row
An architectural design firm's commercial general liability insurer must defend it and its owner against faulty work claims seeking more than $3.4 million in damages, the Seventh Circuit ruled, after the Illinois Supreme Court overturned prior appellate precedent siding with insurers in such disputes.
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November 26, 2024
Chemical Co. Demands Defense Coverage In PFAS Foam MDL
Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.
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November 26, 2024
Progressive's $61M 'Total Loss' Deal Gets Approved
Two Progressive subsidiaries will pay up to $61 million to resolve allegations that car insurance policyholders in Michigan should have been compensated for sales tax and title and registration fees as part of Progressive's payment of claims for totaled vehicles.
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November 25, 2024
Geico, Travelers To Pay NY $11.3M To Settle Data Security Row
New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.
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November 25, 2024
9th Circ. Won't Reverse Amber Heard's Loss In Coverage Suit
The Ninth Circuit upheld an insurer's favorable ruling Monday in its legal dispute with actress Amber Heard, affirming that she had no right to independent counsel paid for by New York Marine and General Insurance Co. in a defamation suit by her ex-husband, Johnny Depp.
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November 25, 2024
Missouri Gender-Affirming Care Ban Upheld As Constitutional
A Missouri state judge rejected a legal challenge to the state's ban on providing gender-affirming care to minors and adults, finding Monday the court should defer to the Legislature given that challengers hadn't proven the restrictions violated the U.S. Constitution.
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November 25, 2024
Construction Co. Seeks Coverage For $1.9M Email Spoof
A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
Bad Faith Case Isn't Apt For Garnishment, Mich. Justices Told
The Insurance Alliance of Michigan urged the Michigan Supreme Court to reverse an appeals court decision allowing an injured man to litigate bad faith claims against the at-fault party's insurer in garnishment proceedings, arguing the appellate decision allows him to circumvent pleading standards for a conventional civil action.
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November 25, 2024
Final Buzzer Sounds On NBA Fraud Case With Doc's Sentence
A Manhattan federal judge hit a Seattle-area doctor with five years in prison Monday for joining with the ringleader of the NBA's $5 million health billing fraud ring to submit fake invoices, the final sentencing in the sprawling case.
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November 25, 2024
9th Circ. Upholds Nixing Convention Center's Coverage Suit
The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Berger Singerman Sued For Hurricane Insurance Malpractice
Berger Singerman LLP and one of its attorneys have been slammed with a legal malpractice lawsuit in Florida for allegedly botching insurance claims for a timeshare company that suffered damages in Hurricanes Michael and Irma.
Expert Analysis
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.