More Insurance Coverage

  • February 20, 2024

    No Coverage For Firm In Haiti Malpractice Suit, Insurer Says

    An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.

  • February 20, 2024

    Truist Selling Insurance Brokerage At $15.5B Value

    Truist Financial Corp. said Tuesday it has agreed to sell its remaining stake in subsidiary Truist Insurance Holdings to an investor group led by private equity firms Stone Point Capital and Clayton Dubilier & Rice, in an all-cash transaction that gives the insurance brokerage an enterprise value of $15.5 billion.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 16, 2024

    No Coverage For Conn. Firm's Malpractice Fight, Insurer Says

    The law firm Evans & Lewis LLC and partner Douglas J. Lewis should lose a breach of contract suit against their malpractice carrier because they were already in the early stages of battling a professional misconduct claim when the relevant policy went into effect, the insurer told the Connecticut Superior Court in seeking summary judgment.

  • February 16, 2024

    Trump Owes $355M For Fraud That 'Shocks The Conscience'

    A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

  • February 16, 2024

    Insurance Group Of The Year: Wiley

    Wiley Rein LLP helped major insurers score wins while navigating complex and novel coverage issues, including the applicability of "bump-up" exclusions and the scope of cyber liability policies, cementing the firm as one of Law360's 2023 Insurance Groups of the Year.

  • February 15, 2024

    Rental Car Cos. Can Be Held Liable As Insurers In Colo.

    Rental car companies that sell insurance policies can be on the hook for bad faith claims, a Colorado Court of Appeals panel ruled Thursday in a published opinion, concluding that a trial court wrongfully dismissed a bad faith, breach of contract suit against Hertz based on the erroneous finding that it was not an insurer.  

  • February 15, 2024

    Club, Insurer Resolve Fiduciary Breach Coverage Row

    A country club owner, various club board members and Selective Insurance Co. agreed to dismiss their dispute Thursday in Massachusetts federal court over coverage for breach of contract and fiduciary duty claims that club investors lodged in arbitration, resolving the coverage case after reaching a settlement in January.

  • February 15, 2024

    Ex-Atty Who Lied To Grand Jury About Frauds Gets 6.5 Years

    A Manhattan federal judge sentenced a disbarred lawyer to six and a half years in prison Thursday for his 14-year, $17 million real estate Ponzi scheme, for laundering insurance scam proceeds and for his "unheard of" step of lying to a grand jury.

  • February 15, 2024

    Wash. High Court Affirms Liberty Mutual's Bill Review System

    The Washington State Supreme Court on Thursday said Liberty Mutual can use an industry database to cap payments to medical providers, rejecting a neurologist's argument that using computer-generated data to calculate medical bills violated consumer protection law because it didn't guarantee reasonable payment.

  • February 15, 2024

    1st Circ. Partially Revives Tufts U. Worker's Benefits Fight

    The First Circuit has said a Massachusetts federal judge was right to release Tufts University from a suit by an employee alleging her insurance premiums were illegally increased but reinstated her claims against underwriter Prudential due to ambiguous contract language.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Insurance Group Of The Year: Simpson Thacher

    Insurance attorneys at Simpson Thacher & Bartlett LLP helped Travelers score a win against CVS in a coverage fight over claims stemming from the opioid epidemic, securing the firm a spot on Law360's 2023 Insurance Groups of the Year.

  • February 14, 2024

    Prudential Inks $35M Deal Over Investor's Stock-Drop Suit

    A Prudential Financial Inc. investor asked a New Jersey federal judge on Wednesday to sign off on a $35 million deal to settle allegations the insurer hid mortality trends and understated its life insurance reserves, causing its stock to trade at inflated prices.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    Insurance Group Of The Year: Covington

    Covington & Burling LLP cemented an appellate court victory for Merck in a $1.2 billion dispute over the applicability of a war exclusion in the health giant's property policies this past year, topping a remarkable list of wins that earned the firm a spot as one of Law360's 2023 Insurance Groups of the Year.

  • February 13, 2024

    Insurance Co. Stock Fight Belongs In Del., NC Judge Rules

    A former partner in an insurance brokerage who alleges the company gave him a lowball offer to buy back his shares after he was fired should have brought his complaint in Delaware, a North Carolina Business Court judge has ruled in granting the brokerage's motion to dismiss.

  • February 13, 2024

    LSD Trip Didn't Cause Quadriplegia, Houston Jury Told

    An attorney for a former high school gymnast who became a quadriplegic after allegedly taking LSD compared the circumstances of the man's injuries to the hypothetical of a juror getting hit by a car on the way to the courthouse as he fought off a bid from an insurance company seeking to avoid paying a $1 million settlement connected to the man's injury.

  • February 13, 2024

    Cigna Patients Can't Get Class Cert. In Underpayment Suit

    A California federal judge refused to grant class status to Cigna insurance plan participants who accused it of violating federal anti-corruption and benefits laws by colluding with its billing contractor to underpay their out-of-network claims for substance use disorder treatments.

  • February 13, 2024

    Lexitas Acquires Record Retrieval Co. MLR

    Litigation services company Lexitas announced on Tuesday its first acquisition of the year, purchasing Philadelphia-based record retrieval company Medical Legal Reproductions.

  • February 13, 2024

    Catching Up With Delaware's Chancery Court

    A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.

  • February 13, 2024

    Life Insurer Failed To Secure Data From Hack, Class Says

    A life insurance provider and its parent company failed to protect sensitive customer information from a data breach, a proposed class action told an Indiana federal court, saying the parent company was hacked via a SIM swapping scheme targeting a senior employee.

  • February 13, 2024

    Ex-Wilson Elser Atty Can't Get Benefits For Chronic Fatigue

    A former Wilson Elser Moskowitz Edelman & Dicker LLP partner is not entitled to long-term disability benefits, as he did not prove that his chronic fatigue syndrome kept him from doing his job, a Nevada federal judge has ruled.

Expert Analysis

  • Dobbs, Workers' Comp. Brief Hint At Biden's Cannabis Stance

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    The U.S. Supreme Court’s recent Dobbs v. Jackson Women’s Health decision, combined with the solicitor general’s brief in a workers’ compensation case that the high court recently declined to review, reveals three notable possibilities about the Biden administration’s position on cannabis, say Whitt Steineker and Claire Hodge at Bradley Arant.

  • Questions To Consider In High Court FCA Dismissals Case

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    Next term, when the U.S. Supreme Court reviews whether the government has authority to dismiss a False Claims Act suit after initially declining to proceed with the action in Polansky v. Executive Health Resources, it will likely require the government to intervene before seeking dismissal, says Christina Lehm at Nelson Mullins.

  • High Court Will Eventually Need To Resolve Cannabis Issues

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    The U.S. Supreme Court's refusal to resolve whether federal law protects employers who do not comply with state requirements for medical marijuana reimbursements is a blow to the cannabis industry, but ongoing conflicts between state and federal cannabis laws mean the court will likely eventually need to get involved, says David Standa at Greenspoon Marder.

  • 2nd Circ. Ruling Highlights ERISA Determination Deadlines

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    As seen in the Second Circuit’s recent McQuillin v. Hartford decision, the deadlines for deciding Employee Retirement Income Security Act claims and appeals have teeth, and there are consequences when a plan administrator fails to comply, says Mark DeBofsky at DeBofsky Sherman.

  • NYC Office Tower Ch. 11 Shines Light On Blocking Provisions

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    PMW Management's Chapter 11 filing, which recently received extra time to submit a restructuring plan, highlights courts' increasing skepticism of bankruptcy blocking provisions and favoritism toward leaving bankruptcy restructuring plans in the hands of the debtor, say Jeff Marwil and Ashley Weringa at Proskauer.

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • How To Avert Unlawful Poaching Amid Rising Antitrust Risks

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    Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

  • Skinny Labels' Future May Hinge On Teva Petitioning Justices

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    Generic-drug makers may get much-needed clarity on their use of so-called skinny labels, which only seek approval for unpatented uses, if Teva Pharmaceuticals petitions for certiorari in the GlaxoSmithKline Coreg case by its July 11 deadline, says Paul Kalish at Fox Rothschild.

  • 6th Circ. ERISA Ruling Shows Scope Of Fiduciary Liability

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    The Sixth Circuit's recent partial revival of a widow's lawsuit alleging Walmart violated federal benefits laws serves as a stark reminder of how those who are only supposed to perform ministerial functions can inadvertently expose themselves to fiduciary liability by undertaking fiduciary actions, say Samantha Kopacz and Nhan Ho at Miller Canfield.

  • And Now A Word From The Panel: MDL Travel

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    The Judicial Panel on Multidistrict Litigation’s return to in-person proceedings, as well as a recent petition in an insurance-related MDL, highlight an important question about whether the panel will continue to consider travel convenience as a relevant factor in venue decisions after two years of virtual hearings, says Alan Rothman at Sidley.

  • Employer Travel Benefits Options For Abortion Care Post-Roe

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    Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

  • ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

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    The Eighth Circuit’s recent decision in Skelton v. Reliance Standard, finding that a life insurance company breached its Employee Retirement Income Security Act fiduciary duties by accepting premiums without approving coverage, admonishes insurers to communicate with employers and to maintain clear records of eligible enrolled participants, says Mark DeBofsky at DeBofsky Sherman.

  • Lessons For Gov't Contractors Amid Increased Antitrust Risk

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    A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

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