More Insurance Coverage

  • March 15, 2024

    9th Circ. Pauses Benefits Case Awaiting UBH Challenge

    The Ninth Circuit has told a trial court to halt what United Behavioral Health has called an improper revival of a proposed class action alleging the insurance company illegally denied coverage for mental health and substance abuse treatment.

  • March 15, 2024

    Justices Told Estate Incorrectly Taxed On Insurance Payout

    The federal government's argument that the $3.5 million in life insurance proceeds a company used to redeem a deceased owner's shares increased both the company's value and its dead owner's estate tax liability ignores "economic reality," the estate told the U.S. Supreme Court on Friday.

  • March 15, 2024

    Wash. Justices Affirm Condo's Roof Damage Coverage Win

    A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.

  • March 15, 2024

    Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial

    Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.

  • March 15, 2024

    Camden Diocese Gets OK For Ch. 11 Plan On 4th Attempt

    The Roman Catholic Diocese of Camden has won approval from a New Jersey bankruptcy judge for its plan to settle sexual abuse claims for $87.5 million after three prior versions of the plan were rejected over insurance carrier objections.

  • March 14, 2024

    GM, LexisNexis Sued For Sharing Driving Data With Insurers

    A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.

  • March 14, 2024

    Exxon Beats Insurers' Bid To Arbitrate Over MTBE Claims

    A Texas appeals court sided with Exxon Mobil Corp. in the energy giant's attempt to forestall arbitration with an insurer over claims and lawsuits over exposure to methyl tertiary-butyl ether, ruling Wednesday that the trial court was right not to compel arbitration.

  • March 14, 2024

    Insurance Litigation Week In Review

    A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.

  • March 14, 2024

    Insurance Mogul Drops NC Counsel Before Retrial

    Embattled insurance mogul Greg Lindberg has dropped Aaron Zachary Tobin of Condon Tobin Sladek Thornton Nerenberg PLLC from his legal team ahead of his retrial on a charge of trying to bribe North Carolina's insurance commissioner.

  • March 14, 2024

    PE-Backed Latin American Healthcare Firm Prices $420M IPO

    Private equity-backed Latin American hospital operator Auna SA on Thursday set a price range on an estimated $420 million U.S. initial public offering, with plans to use the proceeds to repay debt and financing agreements.

  • March 14, 2024

    Longtime La. Insurance Commish Joins McGlinchey Stafford

    McGlinchey Stafford PLLC has hired the former commissioner of the Louisiana Department of Insurance, who also served in the state legislature, as a member in the firm's Baton Rouge and New Orleans offices, the firm announced Wednesday.

  • March 14, 2024

    An Insurance Attorney's Call To Military Service

    Jeffrey Bristol of Parrish Law PA is a self-described "later-in-life lawyer" wearing many hats because he has dedicated more than a decade to serving in multiple branches of the U.S. armed forces.

  • March 14, 2024

    Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'

    A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.

  • March 13, 2024

    Judge Says COVID Test Suit Depends On Conn. Justices

     A Connecticut federal judge trimmed several claims from a $783,000 suit over a COVID-19 testing bill that a health plan administrator allegedly failed to pay, but declined to rule on certain state law issues until the state's highest court can shed light on the statutes in an upcoming ruling.

  • March 13, 2024

    Ex-Agent Drops 'Toxic' Claims Against Insurer At Arbitration

    A former employee of a Pittsburgh-area insurance agency dropped her claims against her ex-employer the night before the case was scheduled to go to arbitration, and the insurer asked a federal court Wednesday to affirm the arbitrators' ruling dismissing the suit.

  • March 13, 2024

    Wash. Law Firm, Travelers Settle $136K Theft Coverage Fight

    A Seattle law firm and Travelers settled their coverage dispute over an employee's nearly $136,000 worth of unauthorized charges on a credit card, the parties told a Washington federal court.

  • March 13, 2024

    Insurance Firm Lavin Rindner Duffield Adds Wiley Rein Vets

    Lavin Rindner Duffield LLC has added two attorneys to its growing boutique insurance team, bringing on a former Washington, D.C., assistant U.S. attorney who is also a Wiley Rein LLP vet, and a former partner at Wiley who will enhance its offerings, the firm said Wednesday.

  • March 12, 2024

    Ex-Boy Scout Can Seek $120M Award From Insurers

    A Delaware bankruptcy judge has ruled that a former Boy Scout can keep suing the organization's insurers to collect a $120 million abuse judgment against his ex-Scoutmaster, even though the court entered an injunction barring similar lawsuits.

  • March 12, 2024

    UnitedHealth Can't Get Early Win In Workers' ERISA Suit

    A Minnesota federal court denied most of UnitedHealth Group Inc.'s bid for a pretrial win in a lawsuit alleging mismanagement of an employee 401(k) plan, finding Tuesday that allegations the company refused to ax underperforming funds to preserve a business relationship with Wells Fargo should go to trial.

  • March 12, 2024

    Colo. Lawmakers OK Multistate Online Insurance Tax Filing

    Insurance companies in Colorado would be required to pay some taxes through a multistate third-party online application under legislation approved by the state Senate.

  • March 11, 2024

    Biden Proposes More Mental Health Expansion In 2025 Budget

    The Biden administration's $7.3 trillion fiscal year 2025 spending blueprint unveiled Monday maintains a pledge to transform the nation's mental health system, but contains the least ambitious discretionary budget ask for the U.S. Department of Labor in four years.

  • March 11, 2024

    Injured Bus Rider Gave Up Right To Sue, Mich. Justices Told

    A Detroit public transit authority told the Michigan Supreme Court to affirm that an injured passenger can't pursue the authority for personal injury protection benefits under the state's no-fault law after assigning her right to the benefits to her medical providers.

  • March 11, 2024

    Prejudice Rule Applies To Property Claims, Colo. Justices Say

    A rule excusing some policyholders for filing late claims applies to occurrence-based, first-party homeowners' property policies, a divided Colorado Supreme Court held Monday, reversing two insurers' wins in a pair of coverage disputes over hail damage.

  • March 11, 2024

    Prudential Investors' $35M Settlement Gets Initial OK

    Prudential Financial Inc. shareholders have gotten an initial nod from a New Jersey federal judge for their $35 million deal to settle claims that the insurer hurt investors by allegedly misrepresenting certain trends affecting its life insurance reserves.

  • March 11, 2024

    NC Judge Scraps $8M Verdict In AXA Life Insurance Suit

    A North Carolina federal judge wiped out an $8 million jury award for historian and investment firm founder Malcolm Wiener in his lawsuit accusing AXA Equitable Life Insurance Co. of sabotaging his insurability with inaccurate health information reporting, finding Wiener had "no baseline" to support the award beyond $1 in nominal damages.

Expert Analysis

  • Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • ESG Around The World: Japan

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    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Wilderness Therapy Ruling May Deter Broad Policy Exclusions

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    A Utah federal court's recent ruling in M.A. v. United Healthcare that an insurance policy exclusion for the adolescent behavioral health treatment known as wilderness therapy was ambiguous shows that blanket rejections can go too far, and may preclude new rationales for claim denials, says Mark DeBofsky at DeBofsky Law.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Calif. Climate Disclosure Bills Promise Challenges For Cos.

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    Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • ESG Around The World: European Union

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    As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

  • 10th Circ. ERISA Ruling Is Promising For Self-Funded Plans

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    Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

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