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Articles by Alec Covington
Maximizing Insurance Coverage for Emerging ‘Tobacco Surcharge’ ERISA Litigation
Employers nationwide are experiencing a new wave of ERISA litigation targeting so-called “tobacco surcharges” on employees enrolled in employer-sponsored health plans. Because these lawsuits are generally brought as putative class actions, the stakes can be significant and some multi-million dollar settlements have already become public. But employers need not face the costs of defending and resolving these ERISA cases alone.
Maximizing Insurance Coverage for Emerging 'Tobacco Surcharge' ERISA Litigation
Employers nationwide are experiencing a new wave of ERISA litigation targeting so-called "tobacco surcharges" on employees enrolled in employer-sponsored health plans. Because these lawsuits are generally brought as putative class actions, the stakes...
Obtaining Insurance Recoveries From FAA-Mandated Flight Reductions | JD Supra
Government and Federal Aviation Administration (FAA) safety directives have led to a reduction in flights beginning November 7, 2025, to protect people and property from potential accidents. The FAA’s Emergency Order Establishing Limitations on the Use of Navigable Airspace explains that the restrictions are necessary “to ensure the safety of aircraft” and “[t]o maintain the highest standards of safety” in the National Airspace System.
North Carolina: Policyholders Not Contributorily Negligent for Agent’s Misstatements | JD Supra
In a pro-policyholder ruling, the North Carolina Supreme Court recently held that a homeowner’s claims against an insurance agent for negligence and gross negligence, seeking punitive damages, survived a motion to dismiss based on the insurance agency’s course of dealing with the homeowner. The decision, Jones v. J.
NC Ruling Takes Practical Approach To Duty-To-Defend Costs
By Alec Covington, Dylan Bensinger and Shelby Guilbert ( October 31, 2024, 10:10 AM EDT) -- Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer's ability to apply hindsight analysis when belatedly reviewing the insured's defense invoices to evaluate whether the amounts incurred were reasonable.... Law360 is on it, so you are, too.
NC Ruling Takes Practical Approach To Duty-To-Defend Costs
By Alec Covington, Dylan Bensinger and Shelby Guilbert · October 31, 2024, 10:10 AM EDT Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer's ability to apply hindsight analysis when... To view the full article, register now.
Tips for Pursuing Insurance Claims and Disaster Relief Funding in North Carolina After Hurricane Helene | JD Supra
Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with AccuWeather currently estimating losses between $145 and $160 billion. Earlier this week, we issued an alert with general tips policyholders should consider when pursuing insurance claims for hurricane-related losses.
Tips for Pursuing Insurance Claims and Disaster Relief Funding in North Carolina After Hurricane Helene
Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with AccuWeather currently estimating losses between $145 and $160 billion. Earlier this week, we issued an alert with general tips policyholders should consider when pursuing insurance claims for hurricane-related losses.
North Carolina Business Court Holds that Defense Costs Are Presumed Reasonable When Insurers Breach the Duty to Defend | JD Supra
Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer’s ability to apply hindsight analysis when belatedly reviewing the insured’s defense invoices for reimbursement.
Notable Litigation – March 2023 | JD Supra
Notable litigation filed during March 2023 includes: (1) SEC v. Woodard; (2) SEC v. Kaplan; (3) James Bay Resources Limited, et al. v. Lockett & Horwitz, et al.; (4) Miklos v. McNamara, et al.; and (5) Scura, et al. v. Heppner, et al. SEC v. Woodard, Civ. No. 1:23-cv-00112 (D. HI.).
Notable Litigation - March 2023
Notable litigation filed during March 2023 includes: (1) SEC v. Woodard; (2) SEC v. Kaplan; (3) James Bay Resources Limited, et al. v. Lockett & Horwitz, et al.; (4) Miklos v. McNamara, et al.; and (5) Scura, et al. v. Heppner, et al. SEC v. Woodard, Civ. No. 1:23-cv-00112 (D. HI.).
Notable Litigation - March 2023
Notable litigation filed during March 2023 includes: (1) SEC v. Woodard; (2) SEC v. Kaplan; (3) James Bay Resources Limited, et al. v. Lockett & Horwitz, et al.; (4) Miklos v. McNamara, et al.; and (5) Scura, et al. v. Heppner, et al. SEC v. Woodard, Civ. No. 1:23-cv-00112 (D. HI.).
North Carolina Supreme Court Provides Guidance to Policyholders Attempting to Maximize Insurance Coverage for Long-Tail Claims
When seeking insurance coverage for “long-tail” mass tort and environmental claims that involve alleged exposures and injuries spanning multiple years, businesses often look to their occurrence-based commercial general liability (“CGL”) policies. These policies are designed to provide broad coverage for defense costs, settlements, and potentially adverse judgements.
North Carolina Supreme Court provides guidance to policyholders attempting to maximize insurance coverage for long-tail claims
When seeking insurance coverage for “long-tail” mass tort and environmental claims that involve alleged exposures and injuries spanning multiple years, businesses often look to their occurrence-based commercial general liability (“CGL”) policies. These policies are designed to provide broad coverage for defense costs, settlements, and potentially adverse judgements.
New Complaint – SEC v. Alexandra Robert, et al. | JD Supra
Securities and Exchange Commission v. Alexandra Robert et al. was filed in the United States District Court for the Southern District of Florida on July 26, 2022, claiming violations of several provisions of the Securities Act and Securities Exchange Act. Specifically, the SEC seeks permanent injunctive relief against all Defendants in order to prevent future violations of the federal securities laws, disgorgement of any ill-gotten gains, and civil damages.
New Complaint - SEC v. Alexandra Robert, et al.
Securities and Exchange Commission v. Alexandra Robert et al. was filed in the United States District Court for the Southern District of Florida on July 26, 2022, claiming violations of several provisions of the Securities Act and Securities Exchange Act. Specifically, the SEC seeks permanent injunctive relief against all Defendants in order to prevent future violations of the federal securities laws, disgorgement of any ill-gotten gains, and civil damages.
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