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Daily Report Online

No Bad Faith for Denying Life Insurance Benefits Over Contradictions of 'Alcohol Abuse;' Breach-of-Contract Claim Proceeds

Upon investigating whether death benefits were owed, Pacific Life found a history of "alcohol abuse" dating 10 years prior to the representations made by the deceased in his application, which omitted alcohol struggles.
5 minute read

Texas Lawyer

U.S. Fifth Circuit Allows Class Action Certification in 401(k), Benefit Plans Fees Dispute

The trial court did not abuse its discretion in certifying the class action, but on remand should allow non-party potential plaintiffs to opt out, the U.S. Fifth Circuit ruled.
4 minute read

Daily Report Online

Judge Sides With Insurer's Indemnity Challenge for Atlanta Property Manager in Underlying Wrongful-Death Case

"A lawyer would not ethically be able to invoke the apportionment statute because it would result in an argument to the jury that their other client is responsible, thereby creating a 'significant risk' that the lawyer's duties to one party would materially and adversely affect representation of the other," wrote U.S. District Judge Marc T. Treadwell for the Middle District of Georgia.
4 minute read

Texas Lawyer

A Case That Could Impact Insurers' Duty to Defend Is Headed to Texas Supreme Court

A court of appeals ruled an excess policy did not unambiguously exclude defense costs for the insured, a Houston oil drilling services company involved in a personal injury settlement.
3 minute read

Law.com

'Intent of Deceiving': Fed. Judge Voids $1.14M Insurance Claim That Was Based on 'Illusory Estimate,' Orders Plaintiffs to Pay Back $300K

"Critically, when asked for their 'proof' of that figure, the Pittsfield entities claimed that they 'have a proposal from a contractor that says it,'" wrote U.S. District Judge Nancy L. Maldonado of the Northern District of Illinois.
5 minute read

Law.com

Data Breach Class Actions Begin to Pile Up Against Prudential Insurance

ALPHV Blackcat, the "notorious" cybercrime group, is likely behind the attack, the complaint contended. The group is known for ransomware and data extortion. The personal data will also likely be sold on the dark web, the plaintiffs alleged.
3 minute read

Daily Report Online

Federal Judge Finds Insurer Obligated to Defend Apartment Complex Following Fatal Fire

"Judge May's order denying summary judgment represents an accurate application of the law. The order not only follows legal precedent but also provides a clear and reasonable interpretation of the insurance policy and exclusions that Kinsale drafted," said Jeff Shiver of Shiver Hamilton Campbell.
4 minute read

Daily Report Online

Litigation Over Fatal Georgia Motorcycle Crash Reaches $18M Settlement With State Farm

"The defense's refusal to accept liability in this case for years is truly perplexing," plaintiff's attorneys Ben Brodhead and Ashley Fournet of Brodhead Law in Atlanta said in the release. "The defendant driver even pled guilty to criminal charges related to the incident, so I think their attempts to blame our client really rang hollow for the jurors."
3 minute read

Daily Business Review

South Florida Lawyers' Negotiation Strategy Nets $21M Settlement

"Both defense lawyers and plaintiff lawyers need to pay attention to these numbers because that is what they are worth," said an attorney for the estate.
3 minute read

New York Law Journal

Goldberg Segalla, Hiring in 'Bread and Butter' Practices, Sees Lateral Spurt

"In the last year I have not seen as many departures 'for money' that I had in 2020, 2021 and 2022," said firm hiring partner Joe Hanna.
3 minute read

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