Industry Updates

California is home to more than its fair share of personal injury claims, the vast majority of which, according to California courts, include car crashes and slip and fall injuries. Workplace injuries involving cuts and lacerations, overexertion, exposure to hazardous chemicals, and repetitive motion injuries are also quite common....By: Maison Law

For lawyers like me who practice at the intersection of law and insurance, the swift and widespread adoption of Artificial Intelligence across the business world is bringing new challenges and questions nearly every day. In this blog post I have endeavored to capture the current state of play between insurance coverage and Artificial Intelligence. But check back next quarter – who knows what might have changed!...By: Stoel Rives LLP

Originally published in February 2025, this updated report provides new material on physician practice management (PPM) arrangements, reference-based pricing arrangements, minimum essential coverage (MEC) and MEC+ plans, and PPM-based “mirror plans.” Small employers’ efforts to provide robust major medical coverage to workers and their families have long proven futile, primarily due to underwriting challenges. Groups of under 50 employees are often relegated to state small group market...By: McDermott Will & Emery

A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next six months. 1 – 3 April Motor finance: The Supreme Court heard the three linked appeals, Hopcraft, Johnson and Wrench v Close Brothers & FirstRand (the motor finance case) with the FCA intervening....By: Hogan Lovells

Anthem Inc. has agreed to settle a class action lawsuit brought by participants in employee health plans administered by the insurer....By: ArentFox Schiff

Kennedys partners Jared Greisman, Aaron Konstam, Louis Kozloff and Colin Willmott will be presenting a webinar on understanding business income claims on May 1, 2025. The webinar will survey key contours of business income under commercial property policies. While analyzing these issues, hypothetical scenarios inspired by the recent wildfires in the Los Angeles area will be used to examine the scope and limits of business income coverage....By: Kennedys

Speeding, distracted or drunk driving, and other kinds of negligence frequently lead to catastrophic car crashes in California. In fact, in 2024 the state saw more than 18,000 injury and fatality causing car accidents. When these accidents cause serious injuries, lawyers help sort things out. If you sustain injuries in a car accident, filing a personal injury claim may be low on your list of priorities....By: Maison Law

Remote patient monitoring (RPM) (oftentimes incorporating artificial intelligence (AI) to analyze data) uses technology to track a patient's physiologic data, such as vital signs, medication adherence, and activity levels, from a remote location for treatment management purposes. This week, the Peterson Center on Healthcare released a report examining remote monitoring services, identifying a surge in insurance spending related to RPM. We have summarized this data and corresponding RPM...By: Hogan Lovells

On April 17, 2025, Speaker Jon Burns announced the formation of three new House study committees that will investigate pressing policy issues in Georgia. These committees build upon resolutions introduced during the 2025 session and are expected to meet throughout the remainder of the year with findings due ahead of the 2026 legislative session....By: McGuireWoods Consulting

Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate....By: Zelle LLP

In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity action involving a disputed storm damage claim. The ruling offers lessons for insurers on appraisal clauses, waiver, and litigation strategy under Maryland law....By: Zelle LLP

The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners could not provide a reasonable basis for estimating the amount of damages attributable solely to covered damage versus uncovered damage and failed to assert an injury independent of its contractual claims....By: Zelle LLP

Millions of tourists, along with local residents, flock to Florida’s pristine waters to take pleasure in the sun and sea while experiencing boating freedom. But beneath the picturesque surface lies a growing and often overlooked danger: the rise of unregulated boat rentals. Unregulated boat rentals operate as floating time bombs that expose inexperienced boaters and unsuspecting passengers, along with all other waterway users, to significant danger. The legal consequences that follow boating...By: Searcy Denney Scarola Barnhart & Shipley

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s interpretation of a Cosmetic Loss or Damage Exclusion, ultimately confirming there was no further need to clarify....By: Zelle LLP

A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an employment dispute....By: Zelle LLP

The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies retroactively. The statute established an impactful condition precedent by requiring all claimants under residential or commercial insurance policies to file a Notice of Intent to Initiate Litigation with the Florida Department of Financial Services before filing suit....By: Rumberger | Kirk

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related chemicals (i.e., fluorinated chemicals that do not fit the definition of PFAS). Our prior analyses explored coverage strategies and regulatory enforcement trends. With regulatory activity and litigation continuing to accelerate, we are circling back to provide an updated look at...By: Pillsbury - Policyholder Pulse blog

U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False Claims Act - Howard v. Coonrod - parole, constitutional challenge - Fernandez v. Seaboard Marine - Cuban Liberty & Democratic Solidarity Act......By: Carlton Fields

A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction....By: Hanson Bridgett

“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as fodder for policyholders to attempt to argue a policy is ambiguous, often where the losses are clearly excluded. Ensuing loss provision disputes can be fact-intensive and should be evaluated carefully. While this area of the law is generally well-developed in state and federal...By: Carlton Fields

Section 1557 of the Affordable Care Act mandates nondiscrimination in health care programs managed or funded by the Department of Health and Human Services (HHS), with upcoming deadlines for compliance set for May and July 2025. However, uncertainties remain regarding enforcement and future regulatory guidance, especially concerning provisions related to transgender discrimination and foreign language assistance....By: Ballard Spahr LLP

On March 13, 2025, several current and former participants in the JPMorgan Chase Health Care and Insurance Program for Active Employees, as well as its component Medical Plan (collectively referred to as the “Plan”) filed a lawsuit against JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., the JPMorgan Chase U.S. Benefits Executive, the JPMorgan Chase Compensation & Management Development Committee (the “Committee”), and several individual members of the Committee (collectively, the “Defendants”)....By: Maynard Nexsen

The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key provisions—§§ 624.1551 and 624.155(6)—both aimed at providing insurers with clearer procedural guidance and enhanced protections against bad faith liability....By: Cozen O'Connor

On April 4, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the contract year (“CY”) 2026 final rule for the Medicare Advantage (“MA”) program, Medicare Prescription Drug Benefit Program (“Part D”), Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly (the “Final Rule”). While CMS finalized several proposals of its Proposed Rule, it did not finalize many of its key proposals, including on anti-obesity medication (“AOM”) coverage, enhanced guardrails...By: Sheppard Mullin Richter & Hampton LLP

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care....By: McDermott Will & Emery

The Financial Policy Committee (FPC) of the Bank of England (BoE) has published the Financial Stability in Focus report on AI in the UK financial system. The FPC considers the potential benefits of AI with its growing development, but also the macro-prudential implications on the financial system......By: A&O Shearman

Between wildfires such as the ones in Southern California earlier this year and hurricanes and other major storms experienced by other parts of the country annually, there is no shortage of natural disasters affecting people and property. When such disasters strike, the resulting losses often trigger a variety of federal and state tax consequences....By: Holland & Knight LLP

This chapter provides the latest legal information on Bermuda's fintech market and regulation, including regulatory jurisdiction, sandboxes, AML rules and FATF standards; robo-advisers, online lenders and payment processors; marketplaces, exchanges and trading platforms; high-frequency and algorithmic trading; insurtech and regtech; blockchain and DeFi; and open banking....By: Carey Olsen

As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time whether a claim involving carbon monoxide poisoning is barred by the pollution exclusion. The court acknowledged that the exclusion is broad, and that carbon monoxide qualifies as a “pollutant,” but did the insured’s reasonable expectations override this literal...By: Rivkin Radler LLP

Insurance professionals, risk managers, and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying for it, litigation funders are financing it, and pundits are addressing it with greater frequency now. Although it has been around since the 1970s, it is looming much larger in recent years and has amped up since the pandemic. When coupled with economic inflation, it appears to be on steroids. It, of...By: Hinshaw & Culbertson - Insights for Insurers