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Insurance
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November 27, 2023
Insurer Seeks $17.4M For Failed La. Dredging Projects
An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.
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November 27, 2023
Investment Co. Can't Send Coverage Suit Back To State Court
A Connecticut federal court refused to send an investment firm's suit seeking coverage for an employment discrimination action back to state court, finding that the firm's insurer satisfied the requirements for removal.
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November 27, 2023
Ex-Allstate Agent Settles Allegations She Swiped Customers
A former Allstate agent has agreed not to sell competing products to her former customers as part of a deal resolving allegations she improperly used Allstate's client lists and confidential information after she stopped working with the company, according to an order filed Friday.
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November 27, 2023
Bankruptcy Court OKs Camden Diocese $4.6M Insurance Loan
A New Jersey bankruptcy court on Monday gave its blessing to a $4.6 million financing agreement that will allow the Roman Catholic Diocese of Camden, New Jersey, to renew insurance policies as it continues its Chapter 11 bankruptcy.
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November 27, 2023
Insurer Must Unveil Secret Settlement Terms, Court Told
A construction company told a Utah federal court that an insurer must reveal details of a confidential settlement with the company's former CFO in order to determine if the settlement should be used to offset a $7 million judgment, saying the insurer has provided no meaningful information.
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November 27, 2023
Mich. Justices To Hear Spat Over PIP Claimant's Right To Sue
The Michigan Supreme Court will consider whether an injured claimant and her health provider are both able to sue for personal injury protection benefits under the state's no-fault law, even if the injured claimant assigned her rights for such benefits to the health provider in exchange for medical treatment.
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November 27, 2023
Insurer Seeks Quick Win In Real Estate Atty's Hacking Claim
Arguing that a broad exclusion expressly prevents a payout, the National Liability & Fire Insurance Co. has told a Connecticut state court judge that it should win a feud over whether a professional liability policy protects an attorney allegedly tricked into wiring real estate closing payments to a hacker.
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November 27, 2023
No 2nd Shot For Complex In Hurricane Case, Agent Says
Insurance agent AmRisc LP has asked a Louisiana federal court not to allow an apartment complex a second chance to oppose the agent's dismissal from an $11 million Hurricane Ida damage coverage dispute, claiming it had no valid excuse to miss a filing deadline.
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November 27, 2023
Judge Stands On Ruling To Toss Insurer's Claim Against Atty
A South Dakota court will not reconsider its decision to trim an insurer's breach of fiduciary duty claim against a law firm on the grounds that the insurer failed to provide expert testimony as required by state law, a federal judge ruled.
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November 27, 2023
Fla. Panel Revives Homeowner's Damage Coverage Dispute
A Florida statute requiring policyholders to notify the state's Department of Financial Services before filing suit against an insurer does not apply retroactively to policies purchased before the statute's effective date, a Florida state appeals court held, reversing the dismissal of a homeowner's suit against her property insurer.
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November 27, 2023
Trump Downplays NY Judge's Safety Risk After Threats
Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.
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November 27, 2023
COVERAGE RECAP: Day 34 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 34:
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November 24, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Glencore face a claim from collapsed hedge fund Eton Park in the wake of its bribery scandal, the ex-CFO of Peppa Pig and Teletubbies toymaker bring data protection proceedings against the employment barrister who represented him at tribunal, and Delta Airlines check in to fresh trademark proceedings against hotel chain Marriott. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2023
Pharmacy's Coverage Didn't Transfer Post-Merger, Court Told
An insurer urged a Texas federal judge Wednesday to rule in its favor on claims that it needn't cover a veterinary pharmacy in an underlying dispute over the deaths of two horses, arguing that coverage did not automatically transfer to the pharmacy after a merger.
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November 22, 2023
Pa. Supreme Court Preview: Nov. Ends With DA Removal Case
Cross-appeals of Philadelphia District Attorney Larry Krasner's impeachment by the Pennsylvania House of Representatives will lead off November's arguments before the state Supreme Court on Tuesday.
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November 22, 2023
Trustee Says Asbestos Insurance Litigation Must Stay In Texas
The trustee of a defunct machine company asked a Texas appeals court to allow his case seeking defense coverage for underlying asbestos injury litigation to remain in the state, arguing company insurers' requests to move matters to Kentucky lacked merit.
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November 22, 2023
What Insurance Pros Are Grateful For This Thanksgiving
Insurance professionals are thankful this holiday season for the U.S. Supreme Court's interest in insurance issues, a Hawaii Supreme Court ruling on recoveries for defense costs, and the opportunity to make career changes. Here, Law360 looks at what insurance attorneys are grateful for this Thanksgiving.
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November 22, 2023
IPO Market Still Kicking As End Of 2023 Draws Near
Several companies have filed paperwork for potential initial public offerings in December that could generate a bump in new listings before a choppy 2023 ends, though experts say most IPO prospects have shifted attention to 2024.
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November 22, 2023
Albany Diocese To Mediate Ch. 11 Abuse Claim Liability
Saying that reaching a settlement should be the focus of the Roman Catholic Diocese of Albany's Chapter 11 case, a New York bankruptcy judge on Wednesday referred core case issues about the extent of abuse liability and insurance coverage to mediation.
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November 22, 2023
Judge Recommends Axing Suit Over Texas Firm's Solicitation
Troubled Houston law firm McClenny Moseley & Associates PLLC won a preliminary victory on Wednesday as a federal magistrate judge recommended dismissing a putative class action over its allegedly illegal efforts to solicit clients in hurricane-related property damage cases.
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November 22, 2023
La. School Says Insurers Permitted To Recover Fire Costs
A Louisiana high school told a federal judge its insurers can pursue recovery of $2.8 million in property damages from a fire the insurers said was caused by a flooring company's failure to properly discard chemical-stained towels, disputing the company's argument that the insurers improperly filed suit.
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November 22, 2023
Trump's Posts Linked To Threats Against NY Judge, Clerk
Social media posts by Donald Trump have led to an ongoing deluge of death threats and antisemitic slurs against a law clerk and the New York judge overseeing the ex-president's civil fraud trial, a court security official said Wednesday.
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November 22, 2023
Reinsurer Again Seeks To Exit Metal Co.'s Cleanup Cost Suit
An AIG unit's reinsurer urged a Kentucky federal court to toss all claims by an alloy producer over coverage for cleanup costs incurred at a site near the Tennessee River, arguing it only has liabilities to the AIG unit, which "remains ultimately responsible for all obligations under the policy."
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November 22, 2023
Judge Grants Class Cert. In Travel Refund Coverage Row
A California federal judge granted a travel insurance policyholder's bid for class certification in a suit against a pair of insurers over unreturned premiums for canceled trips.
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November 21, 2023
Ex-Trump Org Exec Says He 'Gave Up' Amid Fraud Probes
A former Trump Organization executive testified in the former president's New York civil fraud trial Tuesday that he had to leave his position after getting caught up in the government investigations swirling around his former boss, but denied that he intentionally and fraudulently overvalued Donald Trump's real estate empire to give him a leg up in business deals.
Expert Analysis
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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.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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A Deep Dive Into FSOC's Expansion Of Nonbank Oversight
The Financial Stability Oversight Council's new nonbank guidance, designed to provide the council with added flexibility in risk response, not only modifies the process for designating nonbanks as systemically important institutions, but also sends a clear signal that the FSOC may assume a more active role in addressing financial stability risks across the economy, say attorneys at Simpson Thacher.
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9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal
The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Shareholder Activists Are Targeting Insurers
As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.