Insurance

  • April 29, 2024

    GM, LexisNexis Hit With Another Driving Data Suit

    A Michigan driver told a Georgia federal court that his auto insurance rate increased after General Motors and its OnStar unit collected his driving data without consent and shared it with third parties, including data broker LexisNexis Risk Solutions, which then sold the data to insurers.

  • April 29, 2024

    Excess Insurer Seeks Inclusion In OpenText Merger Row

    Allied World National Assurance asked a Michigan federal court to allow it to join a coverage dispute against its excess insured OpenText, maintaining that the software company's primary insurer will soon reach its limits on defense costs in the underlying class action over OpenText's merger with Covisint.

  • April 29, 2024

    Aetna Can't Arbitrate Aramark's Suit Over Billing Issues

    A Texas federal judge refused to boot to arbitration a suit Aramark filed against Aetna accusing the insurer of costing the food services company millions by approving shoddy health benefit claims, saying the allegations fall into a carveout in the parties' arbitration agreement.

  • April 29, 2024

    DOL Finalizes Rescission Of ACA-Skirting Health Plan Rule

    The U.S. Department of Labor on Monday finalized its rescission of an association health plan rule that allowed small businesses to band together to create healthcare plans that skirt certain Affordable Care Act requirements, which a D.C. federal court largely invalidated in 2019.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    HHS Finalizes Bolstered Sexual Orientation Bias Protections

    The U.S. Department of Health and Human Services on Friday unveiled a final rule designed to beef up protections against discrimination in healthcare, in particular protecting access to healthcare for the LGBTQ+ community as well as for other vulnerable populations.

  • April 26, 2024

    Insurer's $580M Fight With NC Mogul Lands In Del.

    An insurer has urged a Delaware state court to unravel a business conversion by embattled insurance mogul Greg Lindberg, arguing that in converting the company he is illegally attempting to escape paying a $580 million award.

  • April 26, 2024

    ERISA Suits Targeting Annuity Deals Could Escalate

    A quartet of lawsuits targeting employers who terminate their pension plans and exchange them for annuity insurance contracts could trigger a new wave of class action litigation if they gain traction, since hundreds of thousands of retirees have been subject to pension risk transfers in recent years, attorneys say.

  • April 26, 2024

    5th Circ. Reverses Coverage For Fatal Race Accident Suit

    An insurer doesn't have to defend the organizers of an amateur drag racing event against underlying negligence claims stemming from a fatal car crash, the Fifth Circuit ruled Friday, reversing a lower court's decision and determining that a commercial general liability policy was not ambiguous.

  • April 26, 2024

    Health Co. Not Liable For Cigna Underpayment, 3rd Circ. Says

    The Third Circuit on Friday backed a win for a healthcare cost management company in a suit over Cigna's alleged underpayment for plastic surgery, finding the contract between the company and a plastic surgery practice did not guarantee a set payment rate.

  • April 26, 2024

    Investors Ask 3rd Circ. To Revive Row With Maiden Holdings

    Investors urged the Third Circuit to revive their suit claiming that reinsurance company Maiden Holdings Ltd. misrepresented its underwriting and risk management practices, saying the lower court's erroneous discovery restriction prevented them from proving their case.

  • April 26, 2024

    Cox Says Insurers Must Pay For Settled DMCA Suit

    Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.

  • April 26, 2024

    Insurers Say BASF Can't Seek Same PFAS Coverage In 3 Suits

    BASF Corp.'s insurers have said a South Carolina federal court lacked jurisdiction and should toss the chemical manufacturer's case in favor of similar New Jersey state litigation seeking coverage for thousands of underlying allegations that a substance made for firefighting foam caused pollution and injury.

  • April 26, 2024

    No Coverage For Treasure Hunter's IP Row, 9th Circ. Rules

    Great American Insurance Co. had no coverage obligations over a $7.5 million settlement stemming from a treasure hunter's claims that his former partners refused to hand over maps and other intellectual property after they parted ways, the Ninth Circuit ruled Friday, finding the treasure hunter didn't allege insurable, accidental conduct.

  • April 26, 2024

    The Week In Trump: Tabloid Testimony, High Court Drama

    Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.

  • April 26, 2024

    Insurer Can't Avoid Coverage Suit Against Escrow Agent

    First American Title Insurance Co. must continue to be a party in Wesco Insurance Co.'s declaratory action seeking to avoid covering claims that Wesco's insureds improperly diverted escrow funds in real estate transactions to third parties with no valid claims to the funds, a Florida federal court ruled.

  • April 26, 2024

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

    This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.

  • April 25, 2024

    Rubrik Leads Trio Of IPOs That Buoy Recovering Market

    Three companies debuted trading Thursday following initial public offerings that raised nearly $1.4 billion combined under guidance from six total law firms, including two offerings that priced above range by data security firm Rubrik and aerospace company Loar, providing fresh energy for a strengthening IPO market.

  • April 25, 2024

    Judge Reopens Allstate Trade Secrets Case Against Ex-Agent

    A Colorado federal judge has partially reopened a case alleging that a former Allstate exclusive agent poached customers for another agency, directing the ex-agent to explain why he shouldn't be held in contempt in the lawsuit.

  • April 25, 2024

    Fla. High Court Says PIP Law Doesn't Mandate 100% Payment

    The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.

  • April 25, 2024

    4 Takeaways From DOL's Final ERISA Investment Advice Regs

    The U.S. Department of Labor’s finalized regulations broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act will bring more investment advisers under the purview of federal benefits law, but the final version contains some important differences from what the DOL initially proposed. Here are four key takeaways.

  • April 25, 2024

    No Coverage For Grants To Fraudulent Charity, Judge Rules

    A Denver-based charity cannot get coverage for the $349,000 in grants it gave to a different charity whose founder was accused by state authorities of lying about its nonprofit status, a Colorado federal court ruled, finding that a computer fraud provision was not triggered.

  • April 25, 2024

    AIG Unit Says Gunmaker's Suit Policy Omits $250K Per Year

    A gun manufacturer must pay $250,000 in self-insured retention limits for each calendar year that underlying litigation brought by the city of Gary, Indiana, is pending — stretching back to a defense agreement reached 10 years ago — an AIG unit has told a Connecticut federal court, saying the agreement was never terminated.

  • April 25, 2024

    Attys, Insurance Agent Found Guilty Of Tax-Avoidance Scheme

    Two St. Louis tax attorneys and a North Carolina insurance agent on Thursday were found guilty on all counts of conspiring to defraud the federal government and aiding in the filing of false tax returns for their role in a tax avoidance scheme that prosecutors claim cost the Internal Revenue Service more than $4 million.

  • April 25, 2024

    Real Estate Atty, Insurer Scuttle Hacking Policy Feud In Conn.

    A Connecticut real estate attorney and an insurance company owned by Berkshire Hathaway have moved to end their claims against one another, in a state court dispute over who should be on the hook after the lawyer was accused of transmitting several property payments to hackers.

Expert Analysis

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Ore. Insurance Ruling Opens Door To Extracontractual Claims

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    The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Key Tool For Calif. Policyholders With Nonadmitted Insurers

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    As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

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