News & Analysis as of

Third-Party Insurance Industry

Klein Moynihan Turco LLP

TCPA Vicarious Liability - June 6, 2025

Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...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

Polsinelli

Delaware Department of Insurance Launches Exams of Third Party Administrators

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Key Takeaways - The Delaware Department of Insurance (Department) is conducting targeted market conduct exams of Third Party Administrators (TPAs) for compliance with state insurance laws and regulations....more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Contradicts Benzene Class Actions, Highlighting Risks of Third-Party Lab Testing

In March 2024, Valisure, an independent quality advocate, filed a citizen petition claiming to have detected elevated levels of benzene in benzoyl peroxide acne treatment products. Valisure’s petition included testing results...more

Maynard Nexsen

Proposed Tort Reform Legislation in South Carolina: Insurance Industry Perspective

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Comprehensive tort reform legislation is on the agenda for the 2025-2026 legislative session in South Carolina. Senate Bill S. 244 was introduced in January 2025 and recently debated in the Senate Judiciary subcommittee. The...more

Husch Blackwell LLP

Texas Files First Privacy Law Enforcement Action

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On January 13, 2025, Texas Attorney General’s Office filed its first lawsuit enforcing the Texas Data Privacy and Security Act (“TDPSA”). The law went into effect on July 1, 2024. The complaint also states claims under Texas’...more

Wiley Rein LLP

Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage

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The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Frantz Ward LLP

Sixth Circuit Revives an Equitable Claim for Disgorgement Under ERISA Where an Insurer Obtained Reimbursement is Not Set Forth in...

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In Patterson v. United Healthcare Insurance Company, 76 F.4th 487 (6th Cir. 2023), the Sixth Circuit held that the plaintiff insured had stated an equitable claim for disgorgement under ERISA where he sought disgorgement of...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Fenwick & West LLP

NAIC Forms Third-Party Data and Models Task Force and Proposes 2024 Charges and Work Plan

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At the recent National Association of Insurance Commissioners (NAIC) meeting in Phoenix, Arizona (March 14–18), a new Third-Party Data and Models Task Force (Task Force) was created. The charges of the Task Force are twofold....more

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

Mitigating Risks in Generative AI Integration: The Importance of Indemnification Provisions

In today’s rapidly evolving technological landscape, the integration of generative AI (“GAI”) has become increasingly prevalent across various professions and industries. From enhancing customer experiences to streamlining...more

Lowenstein Sandler LLP

High Court Should Maintain Insurer Neutrality In Bankruptcy

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A recent Expert Analysis article penned by Frank Perch, "High Court Should Endorse Insurer Standing In Bankruptcy," advocates for the U.S. Supreme Court, in Truck Insurance Exchange v. Kaiser Gypsum Company Inc., to adopt a...more

Rivkin Radler LLP

The Title Reporter: A Legal Update for the Title Insurance Industry -Winter 2024

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Here is what we cover in this issue of Title Insurance Update Winter 2024: •The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: NAIC Releases Draft Model Bulletin Regarding Use of AI by Insurers

In July, the Innovation, Cybersecurity and Technology Committee of the National Association of Insurance Commissioners (NAIC) released an exposure draft of its model bulletin titled “Use of Algorithms, Predictive Models, and...more

Fenwick & West LLP

NAIC Considers Use of and Reliance on Third-Party AI Systems

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At the recent National Association of Insurance Commissioners (NAIC) meeting in Seattle (August 12 – 16), the newly unveiled exposure draft of the proposed NAIC Model Bulletin “Use of Algorithms, Predictive Models, and...more

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Farella Braun + Martel LLP

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third...

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more

Wiley Rein LLP

Court Finds Business Interruption Coverage for Losses Resulting From Fraudulent Email Scheme

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A Minnesota federal district court has held that a software company is entitled to coverage for losses related to diverted billing emails under its business interruption coverage, rejecting the insurer’s argument that the...more

Bradley Arant Boult Cummings LLP

Beware of New Insurance Disclosure Requirements for Defendants in New York Litigation

On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Jackson Lewis P.C.

California Legislation Signed To Extend Exemptions From AB 5 For Certain Industries

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Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5...more

Snell & Wilmer

Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party

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In a 4-3 decision in Auto-Owners Insurance Co. v. Bolt Factory Loft Owners Association, Inc., the Colorado Supreme Court held that an insurer who is defending under a reservation of rights is not entitled to intervene where...more

Alston & Bird

New York and Illinois Regulators Recommend Third Party Cybersecurity Review For Specific Vulnerabilities

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This month, the Illinois Department of Insurance issued guidance to insurers recommending assessments in response to a Microsoft Exchange vulnerability, detailed in the guidance. In the Bulletin dated May 5, the Department...more

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