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Texas Lawyer

Lawyer Must Answer Claims of Breached Duty in Case With $500K in Fees

"The breach of fiduciary claims against Mr. Herz as trustee remain and will be litigated. We very much look forward to that," plaintiffs attorney Anthony G. Buzbee said.
5 minute read

Daily Business Review

Insurer Hit With Over 340% Surge of Lawsuits in Florida Federal Courts

Among the lawsuits is a civil RICO action over allegations that the insurer and 10 other carriers have operated as a "cartel."
3 minute read

Daily Report Online

'Love It But Leave It': Lawyers Have Mixed Reviews for 'Compromise' Direct-Action Statute Repeal

"When you get to a point where everybody's a little bit upset, maybe you've finally found a bill that can get past both chambers and get signed by the governor," said Sen. Blake Tillery, R-Vidalia, when he introduced the bill this legislative session.
5 minute read

Daily Report Online

After Bumpy, 100-Year Ride, Ga. Legislature Taps Brakes on Direct-Action Litigation Against Liability Insurers of Motor Carriers 

The Georgia direct-action statutes still provide a narrow exception to the otherwise strident rule that direct actions by a claimant against an allegedly liable insured cannot be maintained until there is a judgment against the insured, and Georgia, therefore, remains in a reported minority of just four states allowing direct actions in any context.
10 minute read

New York Law Journal

Policies Covering Direct Physical Loss Do Not Apply to COVID Business Interruption Losses

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.
5 minute read

The Legal Intelligencer

Recent Class Action Lawsuit Alleges Misappropriation of Special Needs Trust Funds

SNTs are usually for the most vulnerable of structured settlement payees as a trusted means of asset protection. SNTs will receive the periodic payments directly from the annuity issuer, and the SNT trustees have a fiduciary duty to spend the trust situs for the benefit of each beneficiary.
8 minute read

Law.com

'A Tremendous Financial Burden': Medical Providers File Class Action Lawsuits Against Change Healthcare Over Data Breach

"In the case of the plaintiff, she had to get money out of her retirement account to make payroll, purchase medications for patients and pay operating expenses because they were unable to get claims either pre-authorized, or if they were submitted, they weren't able to get them paid," Thomas A. Zimmerman, Jr., a Chicago-based attorney at the Zimmerman Law Offices told Law.com. "This is causing a tremendous financial burden on the healthcare providers."
5 minute read

Daily Report Online

A 'Shocking Opinion'?: 'Duty to Defend' Under Fire in Ga. Court of Appeals Opinion

"There isn't a businessperson in the state that's not going to not lose the duty to defend because within [the new criteria," the defendant-appellee attorney said. "They can either have the financial wherewithal or can borrow it. ... It reaches so much further than it needed to go."
4 minute read

Connecticut Law Tribune

Cigna Class Action: Algorithm Allegedly Auto-Denies 300,000 Claims

"This action arises from Cigna's illegal scheme to systematically, wrongfully, and automatically deny its insureds the thorough, individualized physician review of claims guaranteed to them by law and, ultimately, the payments for necessary medical procedures owed to them under Cigna's health insurance policies," the complaint alleged.
4 minute read

The Legal Intelligencer

Crisis Management and Communications Services: Your Client's Insurance Policy May Provide These Services to Assist the Both of You

In recent years, the world's most reputable and fastest-growing insurers are increasingly reviewing crisis communications and public relations recommendations as part of their overall coverage as another means to reduce overall risk—and rely less on legal counsel. Even if they don't have riders, endorsements or specific crisis policies, insurers are still providing guidance and encourage the use of such services.
8 minute read

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