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Marshall Dennehey

Georgia Permits the Discovery of Litigation Funding – Will Other States Soon Follow?

Marshall Dennehey on

On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow....more

Zelle  LLP

When Coverage Disagreements Are Justified: The Bona Fide Dispute Doctrine in Action

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In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement...more

McDermott Will & Emery

Update on NAIC’s Consideration of AI Model Law for Insurers

McDermott Will & Emery on

On May 12, 2025, the National Association of Insurance Commissioners’ (NAIC) Big Data and Artificial Intelligence (H) Working Group released a Request for Information (RFI), signaling that it may draft a model law to regulate...more

Zelle  LLP

AI Update: Chatbot Errors? – There’s a Policy for That!

Zelle LLP on

In a remarkable development revealing the increasing integration of Artificial Intelligence into business operations, insurers at Lloyd’s of London have launched focused coverage for losses caused by artificial intelligence...more

Zelle  LLP

Insurer Escapes Duty to Defend Obligation in Toll Road Pile-Up Lawsuits Under Designated Work Exclusion and Professional Liability...

Zelle LLP on

On March 19, 2025, Judge Reed O’Connor in Liberty Mutual Fire Insurance Co. v. N. Tarrant Infrastructure LLC, No. 4:23-cv-01043-O, 2025 WL 863470 (N.D. Tex. Mar. 19, 2025) held that under the Eight-Corners Rule, Liberty...more

Zelle  LLP

Georgia’s Latest Efforts at Tort Reform: SB 68 & SB 69 Reshape the Liability Landscape for Insurers and Policyholders Alike

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In a legislative whirlwind that has left Georgia’s legal landscape noticeably altered, Governor Brian Kemp recently signed into law two landmark tort reform bills—Senate Bill 68 (“SB 68”) and Senate Bill 69 (“SB 69”)—ushering...more

Zelle  LLP

Court Analyzes “Forces of Nature” in Applying Section 542A of the Texas Insurance Code

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Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas...more

Haight Brown & Bonesteel LLP

2024 Insurance Law Compendium for California

The Fair Claims Settlement Practice Regulations set forth the relevant time limits for claims handling responses and determinations. The most important time limits are: 15 days to acknowledge receipt of claim (10 Cal. Code...more

Rivkin Radler LLP

May 2025 Insurance Update

Rivkin Radler LLP on

We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Miller Nash LLP

Oregon Supreme Court Reverses Insurance Coverage Denial for Contractor in Twigg v. Admiral Ins. Co.

Miller Nash LLP on

In a long-awaited decision that helps contractors obtain coverage for construction defects, the Oregon Supreme Court in Twigg v. Admiral Ins. Co. 371 Or. 308 (2025) ruled that coverage under a commercial general liability...more

Troutman Pepper Locke

Connecticut Dentists Bite Off More Than They Can Chew; Settle False Claims Allegations for Nearly $500,000

Troutman Pepper Locke on

On May 9, Connecticut Attorney General (AG) William Tong, in collaboration with the U.S. Attorney’s Office for the District of Connecticut, announced a $495,721 false claims settlement with Advanced Dental Center PC (Advanced...more

Foley & Lardner LLP

Unpacking the Federal Anti-Kickback Statute’s Application to Payments to Medicare Advantage Agents and Brokers

Foley & Lardner LLP on

On December 11, 2024, the U.S. Department of Health & Human Services’ Office of Inspector General (OIG), issued a Special Fraud Alert (Alert) focusing on financial arrangements involving Medicare Advantage (MA) Organizations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2025 Arkansas Insurance Legislation Summary: P&C

This is the second article in a series of summaries of insurance legislation from the 95th Arkansas General Assembly. The 95th Arkansas General Assembly convened on January 13, 2025, and entered into an extended recess...more

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

J.S. Held on

The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

Maison Law

Special Considerations for California Accident Claims Involving Commercial Vehicles

Maison Law on

Although data doesn't exist for all commercial vehicle crashes, the Federal Motor Carrier Safety Administration's Crash Statistics database shows that some vehicles commonly used for commercial purposes, such as buses and...more

McDermott Will & Emery

Enforcement of Mental Health Parity Regulations Suspended: Takeaways for Plan Sponsors and Health Insurance Issuers

McDermott Will & Emery on

In January 2025, The ERISA Industry Committee (ERIC) filed a complaint against the US Departments of Labor, Health and Human Services, and the Treasury (the departments) seeking to invalidate the 2024 final regulations under...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Deep Dive Into Intermediary Remuneration as the UK Supreme Court Considers Its Legality

Is payment to an intermediary, not by its client but by the financial service provider, an illegal inducement or a legitimate distribution cost? In Hopcraft, the UK Supreme Court will consider this perennial question. The...more

Venable LLP

Government Issues Nonenforcement Statement on Mental Health Parity Rules

Venable LLP on

The government recently stated that it will delay enforcement of the 2024 final rules on the Mental Health Parity and Addiction Equity Act (MHPAEA). (Our previous alert regarding the 2024 final rules can be found here.) This...more

Foley & Lardner LLP

Mental Health Parity Alert - Non-Enforcement of Final Rules

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The Mental Health Parity and Addiction Equity Act (MHPAEA), and its implementing regulations and guidance, prohibits health insurance policies and group health plans that cover mental health and substance use disorder...more

Foley & Lardner LLP

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

Foley & Lardner LLP on

On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

Woodruff Sawyer

The 2025 Guide to D&O Insurance for SPAC IPOs

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As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the...more

Maison Law

How California's Pure Comparative Negligence System Works in Multi-Vehicle Accidents

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California is known for many things, including its picturesque Pacific coastlines, lush forests, and diverse landscapes. It is also well known for its entertainment industry, technological innovations, and agricultural...more

DLA Piper

Georgia Enacts Sweeping Tort Reform and Litigation Funding Laws

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Georgia Governor Brian Kemp has signed Georgia Senate Bills 68 and 69 into law, enacting the most significant overhaul of Georgia’s tort system since 2005. The laws, enacted on April 21, 2025, are consequential for the...more

Goldberg Segalla

Connecticut Legislature Passes Significant Amendments to Workers’ Comp Act in Response to Controversial Supreme Court Decision

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The Connecticut Legislature scrambled to pass legislation in response to the Connecticut Supreme Court’s controversial decision two months ago in the case of Beulah Gardner v. Department of Mental Health and Addiction...more

Cozen O'Connor

Claims Notes: May 2025

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Tort Reform Law Guts Joint & Several Liability in Favor of Proportionate Liability, Not Deepest Pocket - South Carolina enacted a bipartisan tort reform that overhauls joint and several liability to place fault on the...more

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