Dwayne Bennett, BS, JD

Last week, the United States Court of Appeals for the Sixth Circuit revived an ADA retaliation claim against an insurance company employer even though the company cited a legitimate, non-retaliatory reason for the employee’s termination—her timesheet discrepancies in violation of company policy. Why? Because the plaintiff was able to overcome that reason with evidence that her manager had “selectively reported” her policy violation to HR, leading HR to investigate the plaintiff and ultimately terminate her. Although the manager did not make the termination decision and honestly believed the plaintiff had committed the violation, the manager had not reported other employees to HR for similar misconduct. The manager also had knowledge of the employee’s protected conduct (helping a coworker obtain an ADA accommodation). Key takeaway for employers: When investigating employee misconduct, especially when a manager initiates the report, assess whether similar conduct by others has gone unreported by the manager. Inconsistent enforcement—especially that arises after an employee has engaged in protected activity—may suggest a retaliatory motive and expose the company to legal risk. Ensure disciplinary actions are applied consistently across comparable situations.

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Will your insurance policy cover the costs of responding to a Civil Investigative Demand (CID)? The Delaware Superior Court recently held that a DOJ-issued CID in a False Claims Act investigation qualified as a covered “Claim” under an E&O policy, triggering coverage for defense costs. The court rejected insurers’ argument that the CID was merely a non-covered “governmental investigation,” finding that the CID sufficiently signaled the DOJ’s intent to hold the insured responsible for alleged violations of the False Claims Act. HNRK insurance recovery partner Bradley Nash analyzes the decision and its implications for policyholders facing costly government investigations in the latest Coverage Corner blog post. Read more: https://lnkd.in/evWkPsKB #InsuranceLaw #CoverageCorner #FalseClaimsAct #EandOInsurance #InsuranceRecovery

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Meet the app that makes weeks of claims litigation analysis obsolete. Claims Litigation Predictor & Strategy Advisor 💥 Claims litigation analysis taking WEEKS? You're bleeding cash while competitors laugh. This app OBLITERATES it, in SECONDS. Dump in an auto liability claim. Get: • Litigation odds  • Exposure forecast that'll wake up your CFO • Settlement kill-shot strategy • C-suite visuals that demand action Ditch the spreadsheets. Crush delays between claims + legal. This isn't 'helpful AI.' It's your new boss. Built on Athena. Matteo Carbone — is claims litigation risk the next area where AI moves from “assistive” to decisive? What would you replace with this app? #InsurTech #AI #LegalTech #ClaimsManagement #AthenaAI

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In Vanrell v. United Services Automobile Association, the New Jersey Appellate Division reaffirmed that insurance contracts may validly shorten the state’s statutory six-year limitation period for filing an underinsured motorist (UIM) claim. The court upheld a policy provision requiring claims to be filed within four years of the accident or one year from when the insured knew or should have known of a UIM claim, whichever is later — and confirmed that post-deadline negotiations do not waive these limits absent an explicit agreement. In our latest article, Partner Frank Caruso and Associate Bill Watt examine the decision and its implications for policyholders and insurers. Read the full article here: https://lnkd.in/eW-KsCD5 #InsuranceLaw #UIMClaims #LegalDecision #HoaglandLongo #NewJerseyLaw

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Auto subrogation often turns on handoffs, not arguments In many auto subrogation matters, outcomes are shaped less by the strength of a legal position and more by how effectively information moves between people. Adjuster to investigator. Claims team to counsel. Carrier to carrier. By the time a file reaches litigation, most of the meaningful facts already exist or they do not. What determines whether those facts carry weight is often how clearly they were identified, preserved, and communicated early on. From a law-firm perspective, we see that friction in handoffs creates avoidable risk. Key context gets lost. Assumptions go unchallenged. Strategy becomes reactive instead of deliberate. None of this reflects a lack of effort. It reflects how complex claims workflows have become. Strong subrogation results are frequently the product of alignment rather than escalation. Clear expectations. Timely context. Shared understanding of what matters and what does not. As claim volumes remain high and teams remain lean, the quality of these transitions matters more than ever. How is your team approaching internal and external handoffs in auto subrogation files this year? #AutoSubrogation #ClaimsManagement #InsuranceRecovery #NewEnglandSubrogation

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Are vehicle owners really "in good hands" with their insurers...or are those hands ready to throw blows? Attorney Sean Preston explores the topic in this month's Legal Perspective, on page 36 of New England Automotive Report. https://lnkd.in/eTNnJHYg #ingoodhands #handsthathurt #legalperspective Coverall Law

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In a recent case, a #NorthCarolina federal court ruled that insurers can consider their own interests when settling claims, even if it means going against the insured's wishes. In the underlying case, the insurer settled a claim for $2.5 million without the insured's consent, believing it was the best move to avoid a risky trial. The insured refused to reimburse the insurer for the settlement, leading to a legal dispute. The court sided with the insurer, stating that North Carolina law allows insurers to act in their own interest during settlements. Phelps lawyers Blakely Lloyd Arnold and Kevin O'Brien explain the court ruling and its implications for insurers and insureds in North Carolina. Read more: https://loom.ly/Pfky7Xs

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"The U.S. Court of Appeals for the Seventh Circuit, which hears federal appeals from Illinois, Wisconsin, and Indiana, recently issued a decision clarifying the level of specificity required to claim trade secret protection for software under federal law." Read more: https://lnkd.in/gist6UYC Author: Luke Bickel #TradeSecret #DTSA #NEXT

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