Insurance

  • January 17, 2020

    Hinshaw Hires Experienced Insurance Partner For NY Office

    Hinshaw & Culbertson LLP said it has added a seasoned attorney with a broad background in complex insurance coverage issues and trial experience as a partner in the law firm's global insurance services practice group in its New York office.

  • January 17, 2020

    Insurer Says Condo's Engineer Padded $30M Hurricane Claim

    An AIG unit told a Florida federal court on Thursday that it has just discovered a condominium association had its engineer alter findings of a report of Hurricane Irma damage to beef up a $30 million claim for new windows and roofs.

  • January 17, 2020

    Real Estate Rumors: AIG, Aziz Ali, Amherst Capital

    AIG has reportedly loaned $47.3 million for a Texas apartment building, investor Aziz Ali is said to have sold a Florida office complex for $7.2 million, and Amherst Capital Management has reportedly loaned $34 million for a Phoenix office campus.

  • January 17, 2020

    Travelers Needn't Defend KLA-Tencor In Patent Antitrust Row

    A California appeals court has ruled that Travelers doesn’t have to cover KLA-Tencor Corp.’s costs to successfully defend against a lawsuit alleging it sought to damage a rival’s business by fraudulently obtaining a patent for advanced semiconductor measurement systems.

  • January 17, 2020

    Consumers Say XL Entities Liable For $267M TCPA Judgment

    A class of consumers urged a California federal judge to deny XL American Inc. and XL Group Ltd.’s bid to remove themselves from a suit over a $267 million Telephone Consumer Protection Act award, saying the insurers were heavily involved.

  • January 17, 2020

    Attys Want $5M Cut Of $59M MetLife Elderly Premium Deal

    Counsel for a proposed class of MetLife policyholders urged an Illinois federal judge Thursday to approve $5 million in attorney fees for their work on a suit brought against the insurance company, alleging it committed fraud when it raised premiums despite selling a "Reduced Pay at 65" option.

  • January 17, 2020

    Justices Will Hear ACA Contraception Clash

    The U.S. Supreme Court on Friday agreed to examine the lawfulness of religious and moral exemptions from the Affordable Care Act’s requirement for employer health plans to cover birth control.

  • January 17, 2020

    RBS Demands £24M From Insurers Over Madoff Fraud Losses

    The Royal Bank of Scotland has taken aim at five insurers who wrote computer fraud polices for one of its subsidiaries, saying it is owed more than £24 million ($31.3 million) for losses caused by Bernard Madoff’s investment vehicle.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 16, 2020

    BCBS Illegally Delayed Cancer Treatment Coverage, Suit Says

    A proposed class of Blue Cross Blue Shield policyholders in Florida accused the insurer Thursday of illegally delaying coverage for a cancer radiation treatment by deeming it "experimental," despite the fact the treatment has been used "for various forms of cancer for decades."

  • January 16, 2020

    Ex-Barbados Official Convicted Of Money Laundering Charges

    A New York federal jury on Thursday convicted a former minister for the government of Barbados on money laundering charges for purportedly funneling bribes he took from an insurance company through U.S. banks.

  • January 16, 2020

    NJ Tax Break Oversight Shoddy, Needs Overhaul, Report Says

    A permissive culture of “getting to yes” plagued the New Jersey agency tasked with administering corporate state tax incentives, allowing for improper awards through deficient processes, a report released Thursday found in recommending a major overhaul.

  • January 16, 2020

    Prudential Misled Investors On Financial Outlook, Suit Says

    Prudential Financial Inc. was hit with a proposed securities class action Thursday in New Jersey federal court alleging the insurance giant misled investors about the company's financial health, leading them to buy stock at "artificially inflated prices."

  • January 16, 2020

    Del. Hotel's Burst Pipe Coverage Battle Headed To Trial

    A Delaware judge has found that a jury must weigh a beachside hotel's suit alleging United National Insurance Co. wrongfully denied its claim for water damage stemming from a ruptured pipe, but threw out the hotel's bad faith claim against the insurer.

  • January 16, 2020

    Attys Can't Pursue Insurer For Cut Of Ex-Client's Settlement

    The Ohio Supreme Court ruled Thursday that a firm looking for a share of a former client's settlement with a subsidiary of Progressive Corp. had to pursue a claim against the client directly and could not hold Progressive accountable for the firm allegedly being cut out of the funds.

  • January 16, 2020

    Lipedema Patient Says Cigna's Liposuction Denials Unlawful

    The woman behind a proposed class action that accuses Cigna of wrongly refusing to cover a specialized liposuction procedure asked a California federal judge not to toss her ERISA suit, saying liposuction was the only effective treatment for a condition called lipedema.

  • January 16, 2020

    Insys Wins OK For Ch. 11 Plan With Opioid Recovery Trust

    Bankrupt drugmaker Insys Therapeutics Inc. secured confirmation in Delaware on Thursday for a Chapter 11 liquidation and recovery trust that could initially make $160 million available for victims of an opioid epidemic whose potential claims could climb into the billions.

  • January 16, 2020

    Spinoff Claims Honeywell Saddled It With $1B Liability

    A company spun off from Honeywell International Inc. is suing the company in New York state court, saying its executives illegally imposed an agreement forcing the new company to shoulder the bulk of its $1 billion in liability stemming from asbestos lawsuits.

  • January 15, 2020

    Liberty Aims To Preserve Win In Pharmacy's Painkiller Suit

    Liberty Mutual on Wednesday urged the Third Circuit to uphold the dismissal of a mail-order pharmacy's putative class action accusing the insurer of refusing to cover topical pain-relief creams as an alternative to more abuse-prone opioid pills.

  • January 15, 2020

    5th Circ.'s ACA Punt Gets Lambasted At Supreme Court

    The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.

  • January 15, 2020

    ResMed Settles FCA Suits Over Referral Fraud For $39.5M

    A California-based medical equipment manufacturer will pay $39.5 million to resolve five False Claims Act lawsuits claiming it paid suppliers, sleep labs and health providers illegal kickbacks to sell more of its products for sleep disorders, the U.S. Department of Justice announced Wednesday.

  • January 15, 2020

    Investor Can Pursue Coverage Of Hotel Development Fight

    A California state judge has ruled that real estate investment firm Somera Capital Management LLC can proceed with its claim that a unit of The Hartford must fund its defense of a lawsuit alleging it failed to pay fees owed to the developer of two hotels, finding that an exclusion for breach-of-contract claims in Somera’s policy doesn’t bar coverage.

  • January 15, 2020

    Atty Can't Be Both Trial Counsel and Witness, Judge Says

    Quality Plus Services' general counsel can't represent the company at trial because she is one of the key witnesses for the other side in a $1.3 million insurance dispute over cybercrime losses, a Virginia federal judge said Wednesday.

  • January 15, 2020

    Profane Atty Says 'Sorry' In Allstate Sanctions Fight

    A Culver City, California, attorney who sent threatening, profanity-laced emails to Allstate's counsel during an insurance coverage suit has reiterated his apologies to the court and told the court that Allstate has submitted an inflated cost and fees estimate in its sanctions request, calling the motion "excessive and unnecessary."

  • January 15, 2020

    PG&E Asks Court To Reject Challenge To $24B Settlements

    PG&E has asked a California bankruptcy judge to reject a bondholder group’s challenge to more than $24 billion in settlements for damages caused by California's 2017 and 2018 wildfires, saying the bondholders have no new arguments or evidence.

Expert Analysis

  • Tightening Up Contracts In A Hardening Insurance Market

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    Commercial property insurance terms and conditions have softened in the last decade, but underwriters may consider adding important clauses into their contracts as the market shows signs of hardening, say Jason Reeves of Zelle and Helen Campbell of Argo Insurance Bermuda.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Gov't Initiatives May Boost Health Coverage For Genetic Tests

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    Recent initiatives by Congress and federal agencies may help expand insurance coverage for, and patient access to, genetic testing technologies that would allow more accurate diagnoses of rare diseases in the U.S. health care system, says Ethan Jorgensen-Earp of Holland & Knight.

  • NY Sex Abuse Insurance Suit Showcases Possible Arguments

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    Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • State Net

    How States Are Responding To The Insulin Price Crisis

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    Increases in the need for insulin and dramatic surges in its cost have made access to the drug one of the biggest health policy issues at the state and federal level, and now state legislators are taking action to rein in prices, says Dave Royse of State Net Capitol Journal.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • Lessons For Calif. Health Payors From 2019 Filing Trends

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    Health care litigation filing trends from 2019 reveal some of the legal and legislative issues California health care payors can expect to remain prevalent in the coming year, say attorneys at Troutman Sanders.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • Using Missing Facts As A Defense In NYC Asbestos Suits

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    Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.