Last week, the U.S. Judicial Panel on Multidistrict Litigation agreed to at least one mini-MDL, consolidating the business interruption lawsuits filed against Society Insurance Co. At the same time, it decided against consolidation of cases against several other insurers, saying
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Supreme Court to hear arguments in captive insurance case on December 1
Last Wednesday, the Supreme Court released its December arguments calendar. Included on the calendar was CIC Services v. IRS, a case we first blogged about in 2016. Since then, our firm has been involved as counsel for an…
Incentive fee awards for class plaintiffs struck down by 11th Circuit
Last week the Eleventh Circuit shocked the legal world by ruling that incentive payments to named representatives in class actions are improper, striking a $6,000 award to the plaintiff in a Telephone Consumer Protection Act class action . Johnson v. …
All Risks Covered team publishes North Carolina Insurance Desk Reference
The team of Womble Carlyle attorneys who contribute to this blog have curated a number of the blog posts, in addition to other content, into an e-book titled The North Carolina Insurance Desk Reference. You can access it here.
Lawsuit filed to set aside IRS Notice 2016-66
Two months ago, without any prior warning or public notice, the IRS issued Notice2016-66 which defined a number of common captive insurance transactions as “transactions of interest.” The Notice is limited to captive insurers organized under 831(b). The IRS states…
Is the Owner-Manager of your Vendor your “Employee?”
Expansion of Coverage: North Carolina Crime Coverage Part: Embezzlement Is the Owner-Manager of your Vendor your “Employee?” On November 14, 2014, the Eastern District of North Carolina entered summary judgment in favor of an insured seeking coverage for embezzlement for…
Opioid Use and NC Workers’ Compensation
As we have previously reported, the North Carolina Industrial Commission was tasked to investigate a prescription formulary for North Carolina State workers. The results of the investigation were published earlier this year. The Commission considered the potential savings, benefits,…
Hurricane Matthew flood claims may not be entirely preempted by federal law
In the wake of Hurricane Matthew and its associated flooding (particularly in North Carolina and South Carolina), a recent case of first impression in the Sixth Circuit may be cited by both damaged businesses and insurers and insurance brokers in the…
Hurricane Matthew insurance tips for businesses
With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses, property owners, and insurers to focus on quantifying the amount of damage caused by the storm. By some estimates, Hurricane Matthew will generation over 100,000 insurance…
Charlotte-area riots and looting could be covered by insurance
Businesses in Charlotte, North Carolina will most likely be covered by property insurance for damage caused by protesters. Additionally, some may be able to recover lost business income. Over the last two evenings, Charlotte has been the site of protests…