Insurance

  • February 28, 2024

    6th Circ. Rules Copyright Law Is For 'Dull' Stuff, Too

    The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer loyalty program.

  • February 28, 2024

    Insurer Wins New Trial Due To Paralegal's Surprise Testimony

    An insurer will receive a new trial in its coverage dispute with two homeowners over damage caused by a water supply line failure, a Florida state appeals court ruled, finding the insurer was prejudiced by the trial court allowing a paralegal to testify as a surprise witness.

  • February 28, 2024

    No More Coverage For Aluminum Co.'s $165M Fire Damage

    A South Carolina federal judge on Wednesday snuffed out an aluminum company's $165 million fire damage suit, ruling that its insurers had already paid up to their limits of $10 million for the molten material damage.

  • February 28, 2024

    Insurance Agency Says It Wasn't Told Of Airbnb Shooting Suits

    A Pennsylvania insurance agency accused of concealing that a Pittsburgh Airbnb property was subject to numerous lawsuits over a mass shooting has claimed that the property owner never revealed the problems when shopping for a new policy, so it wasn't the agency's fault when the new insurer canceled coverage.

  • February 28, 2024

    Seattle Convention Center's Virus Losses Not Covered

    A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    Trump Can't Freeze $465M Penalty But Can Seek Loans

    A New York state appellate judge on Wednesday refused to freeze the $465 million civil fraud judgment against Donald Trump while he appeals the award, but said the former president could take out loans to cover the cost of the judgment.  

  • February 28, 2024

    3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row

    Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.

  • February 28, 2024

    Plastic-Maker Says Insurers Must Cover Worker Death Suit

    Ohio-based manufacturer Encore Plastics took Travelers Property Casualty Co. of America and American Guarantee & Liability Insurance Co. to federal court, claiming both companies are violating their policies by refusing to defend or indemnify it in an underlying suit over one of its workers' death in an industrial accident.

  • February 27, 2024

    La. Comfort Inn Owner Ordered To Arbitrate $2.6M Storm Suit

    A Louisiana federal judge has ordered the owner of a Comfort Inn outside New Orleans to arbitrate a $2.6 million suit against its insurer over coverage for damage from Hurricane Ida, saying its insurance policy compels arbitration.

  • February 27, 2024

    Insurer Gets BIPA Coverage Win After Ill. Appeals Court Ruling

    An Illinois federal judge granted a win to an insurer in a coverage dispute with a condiment company over biometric privacy litigation, changing course Tuesday in response to a state appeals decision concerning an identical policy exclusion.

  • February 27, 2024

    Egg Co. Not Covered For Avian Flu Losses, Minn. Judge Says

    A Markel unit does not owe coverage to an egg supplier for losses it sustained due to an avian flu outbreak in 2022, a Minnesota federal judge ruled Tuesday, finding that a communicable disease exclusion in a site pollution and environmental policy precluded coverage.

  • February 27, 2024

    Company Escapes Coverage Row Over Lethal Ammonia Leak

    A contractor's affiliate whose employee died in an ammonia leak at a North Carolina cold storage facility needn't face claims stemming from the accident, the North Carolina Business Court said in a lawsuit originally brought against three insurers and others over coverage for the leak.

  • February 27, 2024

    Fla. Judge Says Yacht Suit Doesn't Support Punitive Damages

    A Florida federal judge has recommended that punitive damages sought in a bad faith lawsuit against Travelers over failing to properly investigate a damaged yacht claim should be tossed, saying that the allegations don't support the higher standard needed to show malicious behavior or reckless disregard by the insurance company.

  • February 27, 2024

    Insurer Misled Lockheed On Contamination Suit, Court Told

    Lockheed Martin has told a Maryland federal court that its insurer "lured" it into believing for months that it would defend the company against claims that Lockheed's release of various toxic substances contaminated property and injured individuals near its Orlando, Florida, weapons manufacturing facility.

  • February 27, 2024

    Wolverine Can't Get Sanctions Win In PFAS Coverage Fight

    An insurer repeatedly withheld relevant documents from shoewear company Wolverine in a coverage dispute over PFAS chemical injury suits, but the behavior was not egregious and did not cause enough damage to Wolverine's case to merit sanctions, a Michigan special master said Monday.

  • February 27, 2024

    3rd Circ. Won't Reconsider Coverage Ruling For Deli Stabbing

    The Third Circuit declined to review its decision that an insurer for a Philadelphia deli does not owe coverage for a $900,000 settlement reached with a man stabbed on the premises.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Ex-Bank CFO Cops To $700K Theft And Life Insurance Scam

    An ex-Eastern International Bank chief financial officer has pled guilty to defrauding the bank out of more than $700,000 to pay his personal expenses, and he admitted to opening life insurance policies in the names of bank employees to benefit his wife, according to the U.S. Department of Justice.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Mo. City Asks 8th Circ. To Revisit COVID-19 Coverage Ruling

    A Missouri city urged the full Eighth Circuit Monday to reconsider a panel decision that denied its request for coverage for sales tax revenue losses resulting from shutdowns related to COVID-19, saying the panel misinterpreted the policy's terms and skewed its review in favor of the insurer.

  • February 26, 2024

    Ponzi Schemer To Be Resentenced After High Court Ruling

    A man who pled guilty to running a Ponzi scheme that targeted elderly victims will be resentenced after prosecutors agreed to dismiss an aggravated identity theft count following a U.S. Supreme Court ruling that narrowed the type of conduct that triggers the identity theft statute.

  • February 26, 2024

    Teva Tells 1st Circ. Feds Must Clear High Bar In FCA Case

    Teva Pharmaceuticals told the First Circuit on Monday that the federal government should be held to — and cannot meet — a strict causation standard in a False Claims Act kickback case, asking the court to settle a matter of first impression in the circuit.

  • February 26, 2024

    Liberty Cuts Off Drivers' Rentals Too Soon, Suit Claims

    Liberty Mutual systematically and arbitrarily ends replacement transportation coverage after seven days for policyholders whose vehicles are totaled in collisions, in violation of its own policy language, a proposed class action alleges.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

Expert Analysis

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone. 

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • A Rare Look At Judicial Interpretation Of LEG Exclusions

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    A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • 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.

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