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Hogan Lovells

Court finds an insurance policy pollution exclusion applies to claims involving liability for emissions of greenhouse gases

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A recent ruling in the Hawaii Supreme Court has considered – in a first of its kind judgment – insurance policy exclusions in the context of climate liability litigation....more

Faegre Drinker Biddle & Reath LLP

Election Night for Insurance Geeks

Election Day — November 5, 2024 — approaches with close races and high stakes. We have cleared through the coverage and prognostication for a more insurance-focused outlook. As we settle in Tuesday night with snacks, clicker...more

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts projects large jump in unemployment taxes

The Massachusetts Department of Unemployment Assistance recently released its Annual Outlook Report on the Commonwealth’s Unemployment Insurance Trust Fund. The Report projects middling economic figures, which will require...more

Lowenstein Sandler LLP

Insurer Bad Faith: New York Cracks Down on ‘Wait and See’ Claims Handling

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Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division...more

Cozen O'Connor

Blue Cross Blue Shield Agrees to Pay $2.8 Billion Settlement in Antitrust Case

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In October 2024, Blue Cross Blue Shield (“BCBS”) agreed to a $2.8 billion settlement to resolve allegations of anti-competitive practices in the health insurance market – it is reported to be the largest settlement in a...more

Rivkin Radler LLP

Justices’ Ch. 11 Ruling Is A Big Moment For Debtors’ Insurers

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In one of the most publicized terms for the U.S. Supreme Court, one June decision has not received the attention it deserves: Truck Insurance Exchange v. Kaiser Gypsum Company Inc. Truck upends decades of Chapter 11...more

Locke Lord LLP

Iowa Insurance Division Releases Proposed AI Bulletin for Comment

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On October 10, 2024, the Iowa Insurance Division released for comment a proposed AI Bulletin based upon the NAIC AI Model Bulletin. Comments are due before October 31, 2024....more

White and Williams LLP

Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

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Products liability is an area of law that both sides of the aisle vigorously litigate. Like in most litigation, products liability claims provide subrogation attorneys with an important means of prosecuting cases against...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricanes Helene and Milton: Evaluating Business Interruption Claims Following a Large-Scale Disaster

Storms like the ones that recently caused widespread devastation leave behind challenging questions about business interruption insurance coverage. Quantifying a policyholder’s business interruption loss is a contentious...more

Downey Brand LLP

“Live from Colorado Springs, it’s NAFSMA!”

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It’s “what?” you might ask. NAFSMA, the National Association of Flood and Stormwater Management Agencies, was formed 46 years ago as a place where public agencies in the flood and stormwater space could come together, learn...more

Wiley Rein LLP

Vendor’s Demand for Payment of an Invoice Triggers Duty to Defend Under Washington Law

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Applying Washington state law, the United States District Court for the Western District of Washington has held that an insurer had a duty to defend a demand for payment under a vendor invoice for usage fees incurred due to...more

Eversheds Sutherland (US) LLP

New IRS guidance expands list of preventive care benefits under a high deductible health plan

On October 17, 2024, the IRS published Notice 2024-75 (Notice), expanding preventive care benefits that can be provided under a high deductible health plan (HDHP) before an individual reaches the applicable minimum HDHP...more

Hinshaw & Culbertson - Insights for Insurers

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more

Woodruff Sawyer

General Partnership Liability: Risk and Insurance Trends for 2025

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Rising defense costs, a shifting regulatory environment, and competitive insurance pricing are key trends shaping the general partnership liability (GPL) marketplace as we head into Q4 2024 and 2025. For both the venture...more

Marshall Dennehey

Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be...

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One Church v. Brotherhood Mut. Ins. Co., 2024-Ohio-1601 - The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019. The...more

Marshall Dennehey

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

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Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more

Orrick, Herrington & Sutcliffe LLP

Washington, D.C. Attorney General settles with a title insurance company

On October 24, the District of Columbia Office of the Attorney General (D.C. AG) announced a $500,000 settlement with a title insurance company accused of an illegal kickback scheme. The D.C. AG alleged the company offered...more

Latham & Watkins LLP

FCA Publishes Results of Non-Financial Misconduct Survey

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The data provides important insights to assist firms with their ongoing work in this area. On 25 October 2024, the FCA published the results of a survey on non-financial misconduct it undertook earlier in the year...more

MG+M The Law Firm

Blue Cross Blue Shield to Pay Record $2.8 Billion in Proposed Antitrust Settlement with Healthcare Providers

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On October 14, 2024, a class of thousands of hospitals, physician groups and other healthcare providers filed a proposed settlement in a twelve-year antitrust lawsuit against the Blue Cross Blue Shield (BCBS) network. BCBS...more

Flaster Greenberg PC

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

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The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

King & Spalding

Senate Subcommittee on Investigations Releases Report Criticizing Medicare Advantage Restrictions on Access to Post-Acute Care

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On October 17, 2024, the U.S. Senate’s Permanent Subcommittee on Investigations (the Committee) chaired by Senator Richard Blumenthal released a report authored by the majority entitled, “Refusal of Recovery: How Medicare...more

Marshall Dennehey

Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have...

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GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr. 19, 2024) - Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024...more

Sheppard Mullin Richter & Hampton LLP

NYDFS Speaks Out on AI and its Cybersecurity Risks

The New York Department of Financial Services (“NYDFS”) recently published guidance on managing cyber risks related to AI for the financial services and insurance industry. Though the circular letter does not introduce any...more

A&O Shearman

Pensions: Joint DB & DC trustee agenda update – November 2024

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Welcome to our monthly update on current legal issues for trustees of DB and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on...more

Arnall Golden Gregory LLP

The Caris MPI Decision: A Potential Turning Point in Out-of-Network Litigation Against Medicare Advantage Organizations

Nonparticipating providers have often struggled to recover fair reimbursement from vertically integrated, well-resourced Medicare Advantage Organizations (“MAOs”) through out-of-network litigation. The pattern is...more

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