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Insurance
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December 08, 2023
Pa. Justices Reject Consolidation Of Future COVID Cases
The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.
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December 08, 2023
Kaiser Offers $3M To End Hearing Loss Coverage Claims
Kaiser and plaintiffs in a putative class action have filed a $3 million settlement offer in Washington federal court, in which customers alleged that the company violated the Affordable Care Act's nondiscrimination rule by excluding coverage for items related to hearing loss.
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December 08, 2023
State Farm Must Pay For Man's Care During Rate Cap Dispute
A Michigan appellate panel refused to let State Farm reduce payments just yet for a quadriplegic man's healthcare in light of an amended Michigan law, ruling that a change in coverage could put the patient's life at risk.
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December 08, 2023
Wrong Remedy Sought By Carrier In Sandy Suit, Insurer Says
A subcontractor's insurer fought carrier Affiliated FM's efforts Friday to escape the insurer's lawsuit seeking to avoid covering a contractor in an underlying suit Affiliated brought to recover $4.5 million it paid a landlord for Superstorm Sandy damages, saying the carrier is pursuing an improper legal remedy.
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December 08, 2023
Carriers Urge Pa. Justices To Flip Policyholder Pandemic Win
The insurers of a Pittsburgh dental practice told the Pennsylvania Supreme Court in an appeal Friday to recognize that, like many other plaintiffs, the dentist can't be covered for his COVID-19 losses because there was no physical damage to his office.
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December 08, 2023
Fla. Property Owner Sues Insurer For $1.2M In Ian Coverage
A Florida property owner took a QBE subsidiary to federal court over more than $1.2 million in unpaid coverage for damage caused by Hurricane Ian, alleging the insurer wrongfully refused to pay for its losses.
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December 08, 2023
Coverage Fight Over $14M Hardware Theft Dropped After Deal
A California federal court tossed a dispute between IT distribution company Synnex Corp. and Axis Insurance Co. over coverage for a nearly $14 million theft of computer hardware from Synnex's warehouse in Mexico City, after the parties told the court in October they reached a settlement.
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December 08, 2023
FDIC Settles $165M Suit Against Defunct La. Bank's Execs
A Louisiana federal judge dismissed a lawsuit in which the Federal Deposit Insurance Corp., acting as the receiver of the defunct First NBC Bank, sought to recover more than $165 million from the bank's leaders and insurers, saying in an order that the parties have settled.
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December 08, 2023
Ex-Worker Says Western & Southern Robbed Her Of $1M
Western & Southern Financial Group Inc. allegedly fired a 73-year-old insurance sales representative based on trumped-up misconduct allegations in order to get out of paying her the more than $1 million she had earned from a company retention incentive program upon her retirement, a new suit says.
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December 08, 2023
Insurer Claims Contractor Owes $31M For Defaulted Projects
An insurer has sued a construction contractor in California federal court alleging that it shirked its duties on nearly $31 million in payment and performance bonds for a pair of construction projects, saying it expected claims to roll in soon for a third project.
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December 08, 2023
Consumers, AIG Units Settle Hidden Travel Insurance Fee Row
A class of travel insurance buyers and several AIG units reached an agreement over supposedly hidden fees stacked on top of insurance travel premiums, asking a California federal court to reset upcoming deadlines they say would save resources as they prepare "substantial papers" to support their settlement.
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December 08, 2023
Insurer Can't Keep Info Secret In Ga. Church Fire Damage Suit
A Georgia federal judge shot down an insurance company's bid Friday to keep certain information confidential in a dispute over fire damage suffered by a Conyers, Georgia, church in 2022.
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December 08, 2023
J&J Hit With Suit Over Stelara Exclusivity
A group of Blue Cross and Blue Shield licensees has filed a lawsuit in Virginia federal court claiming Johnson & Johnson has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying it defrauded federal patent officials.
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December 08, 2023
Nationwide Unit Loses Bid For Early Win Over Fatal Shooting
A Nationwide unit must still litigate coverage issues with a roadside assistance company over claims that its owner fatally shot a man after mistakenly arriving at the wrong property, a Georgia federal court ruled, finding that the owner's intent is a key disputed fact preventing a coverage determination.
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December 08, 2023
Costco, Liberty Mutual Settle Slip-And-Fall Coverage Row
Costco and a Liberty Mutual unit have agreed to settle their dispute over coverage for an underlying slip-and-fall suit, resolving the retail giant's bid to have the insurer reimburse its defense and settlement costs.
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December 08, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.
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December 08, 2023
COVERAGE RECAP: Day 42 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 42.
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December 07, 2023
2nd Circ. Affirms No Coverage Ruling For Legal Insurer
A Second Circuit panel ruled Thursday that an insurer need not cover a legal malpractice suit brought against an attorney and his former firm, rejecting the attorney's argument that some acts the underlying suit alleged circumvented the policy's exclusions.
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December 07, 2023
Insurer Escapes Co.'s Suit Over Death Benefits Of Namesake
A life insurance company overcame a lawsuit in which it was accused of wrongfully terminating a decades-old policy nearly a year before the insured died, with a Michigan federal judge finding that the insurer gave proper notice that the policy was at risk of lapsing.
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December 07, 2023
Claims Admin Axed From Pipe Cos.' $3M Cargo Coverage Row
A California federal court permanently tossed a third-party claims administrator from a steel pipe importer and distributor's suit seeking $3 million under a policy that covers cargo lost or damaged in transit from South Korea, leaving only the importer's insurer in the dispute.
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December 07, 2023
NC Radiology Group, Broker Strike Deal In Cyberattack Row
A North Carolina radiology practice told a federal court Thursday it struck a deal with its insurance broker resolving its suit alleging it lost more than $1 million as a result of a ransomware attack that occurred shortly after the broker allowed cyber liability coverage to lapse.
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December 07, 2023
Lodge Asks 11th Circ. To Save Insurance Claims Over Slaying
A Florida lodge that was hit with a $3.3 million judgment for a fatal shooting in its parking lot urged the Eleventh Circuit to revive its bad faith claims against Kinsale Insurance Co.
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December 07, 2023
NY AG Says Insurers' Mental Health Providers Were 'Ghosts'
A new report released Thursday by New York's attorney general shows that 86% of mental health providers listed by insurance networks were "ghosts," with patients unable to reach providers or finding they were out of network or weren't accepting new patients.
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December 07, 2023
Trump Expert Tells NY Trial Court There's No Sign Of Fraud
Donald Trump returned to his civil fraud trial in person Thursday as his final expert witness testified there was no evidence of accounting fraud by the former president, who stands accused of falsifying his financial statements to secure lucrative terms on loans and insurance for his real estate empire.
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December 07, 2023
Actuary Co. To Pay $4M To End 401(k) Fee Suit
An actuarial and underwriting company agreed to shell out $4 million to end a proposed class action from ex-workers who accused it of saddling their retirement plan with excessive fees and failing to keep an eye on its investment lineup, according to a filing in New Jersey federal court.
Expert Analysis
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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AI Brings New Insurance Concerns For Healthcare Providers
As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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3 AI Regulation Developments Insurers Must Follow
Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.