As we prepare for another change in Administration in the White House, it is crucial for employers and plan sponsors to stay informed and prepared. While much of what lies ahead is speculative, understanding these possible changes can help employers
Insurance
Construction Defect Claim Survives Insurer’s Summary Judgment Motion Due to Lack of Evidence
The court denied the insurer’s motion for summary judgment on a construction defect claim due to lack of evidence. Statesboro Erectors, Inc. v. Owners Ins. Co., 2024 U.S. Dist. LEXIS 176555 (N.D. Ga. Sept. 30, 2024).
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State AGs File ESG-Related Antitrust Suit Against Big Institutional Investors
Guest Post: India: Environmental Litigation Risks – D&O Liability Insurance
Court Grants Bifurcation of Coverage Issues from Bad Faith Claim
The federal district court for the district of Hawaii granted the insurer’s motion to bifurcate the trial of coverage issues from issues regarding the insurer’s alleged bad faith. Allied World Nat’l Assur. Co. v. Counterclaim NHC, Inc., 2024…
Sixth Circuit Clarifies That Plaintiffs Must Plead, Not Prove, Excessive Fees

Johnson v. Parker-Hannifin Corp., No. 24-3014, __ F.4th __, 2024 WL 4834717 (6th Cir. Nov. 20, 2024) (Before Circuit Judges Moore, Murphy, and Bloomekatz)
We’re bringing you an abbreviated Your ERISA Watch this week because of the holiday. In…
CA Court: Suit to Recover Executive’s Defense Fees not “Restitutionary”
When Rejected in Writing no UM/UIM Coverage

When Rejected in Writing no UM/UIM Coverage
Post 4939
See the full video at https://rumble.com/v5sz2eb-when-rejected-in-writing-no-umuim-coverage.html?mref=22lbp&mrefc=2 and at https://youtu.be/bQegaaSsIIM
Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s…
Lululemon Hit with Derivative Suit for Allegedly Ineffective DEI Program

As often happens when companies are hit with securities class action lawsuits, Lululemon, which in August was sued in a securities suit, was hit with a parallel shareholder derivative lawsuit. The derivative suit allegations not only largely track the…
Insurer Properly Sanctioned for Failure to Obey Court Order

It is Never Proper to Fail to Comply With Court Order
Post 4937
See the full video at https://rumble.com/v5so3zz-insurer-properly-sanctioned-for-failure-to-obey-court-order.html and at https://youtu.be/eCEBdjCSwLU
Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of…