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Expert Analysis

• Notable Q2 Updates In Insurance Class Actions

  

  Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

• Ore. Insurance Litigation Is Testing The Bounds After Moody

  

  Despite the Oregon Supreme Court鈥檚 attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O鈥機onnor.

• What's In NYDFS Guidance On Use Of AI In Insurance

  

  Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.

• Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

  

  The Apple TV+ series 鈥淭ed Lasso鈥� aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

• 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

  

  The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at聽Bailey Cavalieri.

• New La. Managing Agent Law May Portend Growing Scrutiny

  

  Recent amendments to Louisiana鈥檚 managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.

• What Fla. Ruling Means For Insurer Managed Repair Programs

  

  A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

• NY Banking Brief: All The Notable Legal Updates In Q2

  

  The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

• Takeaways From Justices' Redemption Insurance Decision

  

  The U.S. Supreme Court鈥檚 recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent鈥檚 shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.

• Managing Legal Risks After University Gaza Protests

  

  Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

• An Insurance Coverage Checklist For PFAS Defendants

  

  With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

• Circuit Judge Writes An Opinion, AI Helps: What Now?

  

  Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

• Trauma-Informed Legal Approaches For Pro Bono Attorneys

  

  As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.