Articles by Jim Sams

7th Circuit: Insurer Must Defend Firm Sued for Selling Facial Recognition Program to Police

An ambiguous coverage exclusion prevents a liability insurer from dodging the cost of defending a data broker that was sued after selling the Chicago Police Department access to a facial recognition database that reportedly contained 3 billion images extracted from …

N.Y. High Court Upholds Electronic Logging Device Rules for Commercial Trucks

New York’s highest court ruled that a state regulation requiring the installation of electronic logging devices in commercial motor vehicles does not violate the state constitution’s prohibition against unreasonable search and seizure. The Court of Appeals, in a unanimous decision …

Lawmakers in Mont. and La. Pass Bills to Require Disclosure of Litigation Funding

Lawmakers in two states passed bills this year to require disclosure of litigation funding contracts. Business groups are pushing for similar rules in federal courts nationwide. Montana Gov. Greg Gianforte on May 2 signed into law Senate Bill 269, which …

LexisNexis: ‘Somewhat Satisfied’ Auto Claimants Often a Flight Risk for Insurers

An auto claims experience that leaves the policyholder “somewhat satisfied” may not be good enough to keep that customer from switching insurers. A survey conducted by LexisNexis Risk Solutions found that 51% of policyholders who reported shopping for insurance after …

Single Voicemail Enough to Violate Telephone Consumer Protection Act, 6th Circuit Rules

A single voicemail message left on a cellphone without permission is enough to allow an individual to proceed with a class-action lawsuit alleging violations of the Telephone Consumer Protection Act of 1991, a panel with the 6th Circuit Court of …

3rd Circuit Finds Insurer Not Liable for Botched Fracking Operation

A well servicing company that damaged 53 natural gas wells by using a defective chemical during a hydrofracking operation is not entitled to insurance coverage for a $13 million jury verdict because there was no accident, a panel of the …

Transporting Migrants Out of Fla. a New Venture for MMA Investor

The owners of a business that loaned McClenny Moseley & Associates $3 million to find clients with hurricane-damaged homes and earn fees by submitting damage estimates to insurers has embarked on a new venture: Transporting unauthorized aliens out of Florida. …

Inspectors in MMA ‘Fraud’ Scheme Sue for Unpaid Bonuses and Overtime

Seventeen former field inspectors for a company that provided damage estimates for McClenney Moseley & Associates filed a lawsuit against their former employer, saying they are owed for bonuses that were promised but never paid and uncompensated overtime. The plaintiffs …

TV Station Airs MMA Partner’s Admissions During Staff Meeting

A New Orleans television station broadcast an audio recording of a founding partner of the McClenny Moseley & Associates law firm admitting that his law firm used a roofing company and a marketing firm to sign on clients. 4WWL’s Eyewitness …

Bankruptcy Judge Lets Directors of Failed Bank Tap into D&O Insurance

A bankruptcy judge is allowing current and former officials with the parent company of Silicon Valley Bank to tap into the $210 million in insurance coverage available through directors and officers liability policies to defend themselves against litigation that followed …