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National Law Journal

Insurer in Baltimore Bridge Collapse Seeks More Than $350M Reimbursement

"This fatal and costly disaster could and should have been avoided," according to a claim filed by White and Williams on behalf of Brawner Builders Inc. and Zurich American Insurance Co. "This catastrophic event resulted in the deaths of six Brawner workers and serious and permanent injuries to a seventh worker and halted all commercial traffic into and out of the Port of Baltimore."
5 minute read

Law.com

Judge Sides With Dollar Tree, Liquid Breath Drops Manufacturer in Dispute Over 'Pollution Exclusion'

"When considered in the context of the entire policy here, Atain's broad interpretation of the Total Pollution Exclusion as it pertains to C.T.'s claims yields an absurd result," U.S. District Judge Catherine D. Perry of the Eastern District of Missouri said.
5 minute read

New Jersey Law Journal

Title Insurance Agency on Hot Seat Over Homebuyer Fees, Alleged Kickbacks

In the latest case, the complaint says consumers typically know little about title insurance and decisions about which insurer to use are typically made by lawyers, realtors, mortgage brokers or lenders.
3 minute read

Law.com

Allstate Sues String of Pharmacies Over Alleged Insurance Fraud

"As part of the scheme to defraud alleged herein, the pharmacy defendants entered into illegal kickback arrangements with no-fault clinics in the New York metropolitan area and unlicensed laypersons who work at or are associated with the no-fault clinics pursuant to which the no-fault clinics prescribed expensive, pre-formulated topical pain creams, gels, lotions and ointments dispensed and billed at exorbitant prices by [the pharmacies]," the complaint said.
3 minute read

Law.com

Cigna's Express Scripts Sues Federal Trade Commission

"The FTC has taken unconstitutional actions in publishing a report that ignores the evidence provided by our company and other [pharmacy benefit managers], demonstrates clear ideological bias and advances a false and damaging narrative—narrative that could harm the health care system by removing essential checks and balances which would result in higher drug prices for American consumers," The Cigna Group Chief Legal Officer Andrea Nelson said.
3 minute read

Law.com

'Data Breach' Insurance Policy Does Not Extend to Biometric Information Collection, Appellate Court Holds

The majority said the allegations in the lawsuit "do not even potentially fall within the policy's coverage" and said Lloyd's policy for Tony's would only cover data breaches involving unauthorized access to Tony's biometric data.
4 minute read

The Legal Intelligencer

Federal Judge Sides With Lyft Driver in Contractual Dispute Over $1M Uninsured Motorist Coverage

U.S. District Judge Gerald J. Pappert determined a terms of service agreement and the driver guidebook promise was a binding contract between Lyft and one of its drivers, Khalid Ahtasham.
5 minute read

The Legal Intelligencer

Federal Judge Sides With Insured in Dispute Over Nationwide's UIM 'Clarifications'

"In short, Mr. McGuire is right. The prior policy's exclusion didn't exclude UM/UIM coverage for an unlicensed driver. And the one product policy clearly does," wrote U.S. District Judge Nicholas Ranjan of the Western District of Pennsylvania.
6 minute read

New Jersey Law Journal

NJ Justices Mull Insurer's Duty to Defend Employer's Negligence Claim in Workers' Comp Dispute

"I am confused as well by counsel's assertion that there is a long-standing abiding obligation for defense of Superior Court tort claims under part one workers' compensation because I read the language ... and maybe that is the problem," Katherine E. Tammaro, a partner with Wilson Elser, said. "Maybe they haven't read the language."
6 minute read

The Legal Intelligencer

Limiting Contractual Liability and Professional Services Exclusions in Liability Policies

These exclusions need to be narrowly tailored during contract negotiations to avoid potential coverage gaps that could render the coverage purchased illusory, and denials of coverage for a claim based on such exclusions also need to be closely examined.
9 minute read

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