Insurance

  • February 21, 2020

    Insurers Win Bid To Arbitrate Hurricane Harvey Coverage Suit

    A group of foreign insurers including underwriters at Lloyd’s of London won a bid to force into arbitration a property owner's suit seeking coverage for Hurricane Harvey damage after a Texas federal court decided the insureds had failed to adequately show why their policy’s arbitration clause shouldn’t stand.

  • February 21, 2020

    Bankrupt Philly Hospital Owners Set To Pay $6M For Insurance

    Center City Healthcare LLC told the Delaware bankruptcy court Thursday that it plans to pay $6.2 million to purchase medical liability insurance for former medical professionals at its facilities to help bring an end to disputes in its Chapter 11.

  • February 21, 2020

    State Farm Unit Accused Of Routinely Denying Auto Benefits

    A State Farm unit used an inadequate claims review process to deny or reduce personal injury benefits to policyholders who required medical treatment after car accidents, a proposed class alleged in Kentucky federal court.

  • February 21, 2020

    Attys Get $7M Fees In Decadelong $102M Funeral Scam Suit

    A Missouri federal judge on Friday awarded $7 million in fees to attorneys who won a $102 million judgment for PNC Bank NA’s predecessor’s role in an alleged $600 million scam involving funeral contracts.

  • February 21, 2020

    NY Drug Biz Says Insurer Can't 'Flee' Coverage Of Legal Fees

    A New York drug distributor told a Rochester federal court that Hiscox Insurance Co. shouldn't be allowed to "flee from its coverage obligations" in a case seeking to force the insurer to advance costs for an upcoming trial over the drug distributor's alleged role in the opioid epidemic.

  • February 21, 2020

    Bankrupt Mall Settles Servpro Dispute Over Insurance Money

    The former owners of a defunct Pittsburgh-area shopping mall have reached a settlement over allegedly unpaid bills for cleanup after a 2018 flood, asking a bankruptcy court to approve the deal Friday.

  • February 21, 2020

    Cannabis Bill Roundup: Kentucky House OKs Medical Pot

    Hundreds of cannabis reform bills are making their way through Congress and statehouses across the country. Here, Law360 takes stock of some recent major legislative developments and looks ahead to the bills that are expected to get a hearing in the next few days.

  • February 21, 2020

    NJ Justices Will Take On J&J's Insurance Premium Tax Battle

    The New Jersey Supreme Court agreed Friday to review an appeals court's ruling that Johnson & Johnson's state insurance premium tax obligation is limited to risks insured within the Garden State and not throughout the nation, a decision that revived the health care giant's bid for a $55 million refund.

  • February 21, 2020

    Insurer Says Unwanted Call Suit Was Filed By 'Serial' Litigant

    An insurance company is arguing in Indiana federal court that it has been targeted by a "serial TCPA litigant" aiming to score profits by luring companies into making apparently unwanted calls and then using that as the basis for legal action.

  • February 21, 2020

    Real Estate Firm Can't Get Coverage For Email Scam

    A Virginia federal judge has ruled that Owners Insurance Co. doesn't have to cover a real estate firm's loss of funds that an employee wired to a fraudster who posed as the firm's president in emails, saying the insurer is not obligated to cover voluntary transfers of money caused by fraud.

  • February 21, 2020

    Insurer Beats NJ Suit Over Golf Cart Accident Coverage

    A New Jersey state appellate court on Friday reversed a trial court defeat for United Services Automobile Association in a coverage row stemming from a golf cart accident, ruling that an insurance policy issued by the company excluded coverage for vehicles that weren't listed on it.

  • February 21, 2020

    Insurer Looks To Recover $8M From Ill. Rail Car Derailment

    A Japanese insurer has brought a suit against Belt Railway Co. of Chicago in Illinois federal court claiming it ignored proper procedures that led to the derailment of eight new passenger railcars, costing $8 million in damages that the insurer now seeks to recover.

  • February 21, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a premium payment card provider drag an exiled Ukrainian politician to court, an investment company sue Cuba for unpaid government debt and lenders offering unregulated finance take action against The Times newspaper. ​​​​​​​Here, Law360 looks at these claims and more. 

  • February 20, 2020

    Ex-AIG Legal Worker Settles SEC's Insider Trading Claim

    A former AIG Inc. legal department employee and his father have settled U.S. Securities and Exchange Commission claims that they bought stock in Validus Holdings Ltd. based on the son's inside knowledge that AIG planned to buy the company, the agency said.

  • February 20, 2020

    Fla. Blue Cross Defends Exclusivity Rules At 11th Circ.

    Blue Cross Blue Shield of Florida has told the Eleventh Circuit that its rules barring agents from selling competing insurance policies are exempt from federal antitrust law, despite contentions from rival Oscar Insurance Co. and the U.S. Department of Justice.

  • February 20, 2020

    ACA Penalty Isn't A Tax In Bankruptcy Cases, 5th Circ. Says

    The Affordable Care Act's individual mandate is not an excise tax entitled to priority treatment in bankruptcy proceedings, the Fifth Circuit said Thursday, reversing a district court's decision.

  • February 20, 2020

    Hertz's Fight With Insurers Over $23M Bill Sent To Mediation

    A New York federal judge on Wednesday ordered Hertz and a pair of insurers to attend mediation over the car rental giant’s bid for reimbursement of a $23 million legal bill incurred amid a U.S. Securities and Exchange Commission probe.

  • February 20, 2020

    Lender Says Insurer Should Cover $15M Fatal Fire Settlement

    Federal Insurance Co. was wrongly freed of its duty to cover the excess portion of a $15 million settlement that ended litigation over a fatal fire at an abandoned Chicago laundromat, a Pennsylvania-based commercial mortgage lender told the Seventh Circuit Thursday.

  • February 20, 2020

    Carlton Fields Expands In NY With Ex-Stroock Fintech Expert

    Carlton Fields is expanding its fintech and property and casualty insurance regulatory and transactional practice group with a new shareholder in the New York office who joins from Stroock & Stroock & Lavan LLP, the firm announced Thursday.

  • February 20, 2020

    Health Network Can Pursue $18M Award Coverage

    A Washington federal judge boosted hospital operator Providence Health & Services on Wednesday in its bid to force its insurers to cover a $17.5 million arbitration award that a neurosurgeon won against it in a wrongful termination action, ruling that a policy exclusion for breach of contract claims doesn’t bar coverage.

  • February 20, 2020

    7th Circ. Won't Revive Insurance Rep's Disability Bias Suit

    The Seventh Circuit declined Thursday to revive an insurance company worker's lawsuit claiming she was fired because of a back injury, saying her absenteeism and lack of knowledge about certain insurance products were a problem long before she got hurt.

  • February 20, 2020

    Olympic Committee Urges Court To Nix Coverage Dispute

    The United States Olympic & Paralympic Committee is urging a Colorado federal court to toss a suit filed by Philadelphia Indemnity Insurance Co. over the coverage of lawsuits alleging the organization covered up sexual abuse, saying the court has no jurisdiction over a federally chartered organization like the USOPC.

  • February 19, 2020

    Liberty On Hook For Broker's $60M TCPA Deal, 11th Circ. Told

    Two men who secured a $60.4 million Telephone Consumer Protection Act judgment against an insurance broker urged the Eleventh Circuit to make a Liberty Mutual unit cover the bill, arguing Wednesday that an invasion of privacy exclusion in the broker’s policy doesn’t apply.

  • February 19, 2020

    Fla. Law Firm Says Insurer Must Cover Defense Of $14M Suit

    A Florida law firm and its shareholders said on Wednesday that they're owed damages from an insurance company that refused to cover their defense in a $14 million suit over a loan transaction, urging the Eleventh Circuit to overturn a lower court's finding that they lacked sufficient evidence of lost profits.

  • February 19, 2020

    2nd Circ. Reinstates Marsh's Win In Asbestos Claim Battle

    Insurance broker Marsh USA Inc. doesn't have to face a state court action accusing it of helping conceal the risks of asbestos inhalation, after the Second Circuit on Wednesday reinstated a bankruptcy court's finding that such claims are categorically barred by an order entered back in the 1980s.

Expert Analysis

  • The Legal Trends Behind 'Social Inflation' In Insurance

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    Modern societal factors such as litigation funding and the information age's impact on jurors have generally raised insurers' defense and indemnity costs across multiple lines of coverage. Fortunately, insurers have several tools to address this increase, sometimes referred to as social inflation, say attorneys at Hinshaw & Culbertson.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • CMS Reinsurance Rule Raises Quota Share Questions

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    Although the Centers for Medicare & Medicaid Services' new reinsurance rule is a welcome development for Medicare Advantage organizations, uncertainty surrounds whether it could ever allow quota share reinsurance agreements, say Jon Biasetti and Benjamin Sykes of Locke Lord.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Recent Cases Defy Conventional Merger Control Wisdom

    Excerpt from Lexis Practice Advisor
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    In the decades since the passage of the Hart-Scott-Rodino Act and Tunney Act, four mergers and acquisitions antitrust practice trends have endured, but there are several recent counterexamples — including a New York federal court's approval of the T-Mobile-Sprint merger this week, says Tim Haney of Lexis Practice Advisor.

  • 6 Steps Insurers Can Take To Stay Ahead Of Privacy Laws

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    When working to comply with the California Consumer Privacy Act and new privacy and data security regulations in other states, insurers need to assess the categories, sources and uses of personal data they collect, paying close attention to important definitions that may vary under different laws, say Laura Jehl and Jaime Petenko of McDermott.

  • Insurance Ruling Handles Ransomware Coverage Logically

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    A Maryland federal judge's recent decision in National Ink and Stitch v. State Auto is among the first to hold that a business owner's insurance policy covered ransomware attack losses, utilizing well-reasoned analysis to demonstrate that coverage for cyberrisks can be found in traditional insurance contracts, say attorneys at Jaszczuk.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 4th Circ. Insurance Ruling Highlights Risks Of Broker Errors

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    The Fourth Circuit's recent decision in Old White Charities v. Bankers Insurance reminds policyholders to read their insurance applications carefully, because courts may hold them accountable even if an error is made by a broker, says Tae Andrews of Miller Friel.

  • What To Know About IRS Microcaptive Insurance Settlements

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    Audited taxpayers with microcaptive insurance transactions who received a settlement offer as part of a recent IRS resolution initiative must consider whether the amount of money at issue or the existence of unfavorable facts outweigh the cost of accepting the harsh terms, says Philip Karter at Chamberlain Hrdlicka.

  • Conflicts In Circuits’ Approach To Email Scams Hold Lessons

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    Recent decisions from the Second and Eleventh Circuits demonstrate that courts are diverging on how to treat insurance coverage for email spoofing losses, but still hold valuable lessons for individuals, insurers and organizations, say Alexander Cogbill and Kristian Smith of Zelle.

  • Cyber Liability Insurance Is Gaining Value For Cannabis Cos.

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    A recent cyberattack that exposed tens of thousands of cannabis dispensary customers' personal data underscores why cyber liability insurance is increasingly necessary for cannabis companies, but rising premiums highlight the importance of tailoring coverage to specific needs, say attorneys at Reed Smith.

  • Alphabet's Missteps Offer Crisis Management Case Study

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    Corporate strategy and communications surrounding the recent resignation of Alphabet's chief legal officer provide a remarkable example of what companies should not do in a crisis, says Jolie Balido at NewStar Media.

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