Insurance

  • July 19, 2019

    Equinox Insurer Denied Win In Sex Assault Suit Fees Row

    An insurer for Equinox Fitness beat a claim from another insurer of the luxury gym that it wasn’t paying its fair share of legal fees in an ongoing sexual assault lawsuit a Pilates instructor brought against another employee, according to a California federal court ruling Friday.

  • July 19, 2019

    BCBS Loses Bid To Toss Mental Health Coverage Class Action

    A Bay State federal judge on Friday shot down a bid by Blue Cross Blue Shield of Massachusetts to kill a proposed class action brought by parents who say the insurer wrongly refused to cover certain residential mental health treatments for adolescents.

  • July 19, 2019

    DOJ Tries To Push CVS-Aetna Deal Past Court Review

    The U.S. Department of Justice on Friday urged a D.C. federal judge to sign off on its settlement clearing CVS' purchase of Aetna, trying to rein in the scope of the court's review but facing resistance from the bench during oral arguments.

  • July 19, 2019

    Geico Liable For Totaled Car Fees In Fla. Class Action

    Florida drivers who totaled their cars are entitled to title and license plate fees from Geico, a federal judge ruled Friday, saying the payments are part of the vehicles’ replacement costs under the insurer’s policy.

  • July 19, 2019

    Trump Admin's Short-Term Insurance Rule Survives Challenge

    A Washington, D.C., district judge granted the federal government a quick win on Friday in a legal challenge to a rule allowing Americans to use short-term health insurance plans, which skirt certain Affordable Care Act requirements, for three years instead of one.

  • July 19, 2019

    Fla. Firm Sues USAA Over 'Malicious' Malpractice Claims

    There's a new front in the highly publicized fee dispute between North Miami-based insurance law firm Herssein Law Group and financial services company USAA, as Herssein sued USAA and its counsel Thursday, claiming they maliciously filed legal malpractice claims against him.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    Deals Rumor Mill: Cummins, Coface, Atlantis

    Cummins has made an offer for MAN Energy Solutions, Apollo Global Management has offered to buy French credit insurer Coface, and Brookfield Asset Management is considering selling luxury Bahamian resort Atlantis Paradise Island Resort.

  • July 19, 2019

    Chocolatier's $49M Sandy Coverage Claim Headed To Trial

    Madelaine Chocolate Novelties Inc.’s bid to force a Chubb Ltd. insurer to pay an additional $49 million for property damage and business interruption losses caused by Superstorm Sandy is bound for trial after a New York federal judge held Thursday that the scope of coverage under the chocolatier’s policy is unclear due to several conflicting terms.

  • July 19, 2019

    7th Circ. Affirms 5-Year Sentence For Chiropractor's Fraud

    The Seventh Circuit on Thursday upheld a five-year sentence for an Illinois chiropractor found guilty of health care fraud, saying he failed to show evidence of an error that could have gotten him a lighter sentencing recommendation.

  • July 19, 2019

    3 Cos. Raise $1B In IPOs Led By Peruvian Asset Manager

    A trio of companies, including a Latin American asset manager, made their public debuts Friday, hitting the market a day after pricing shares in initial public offerings that brought in a total of $1 billion.

  • July 19, 2019

    Ogletree Adds Hinshaw ERISA Litigator In Orange Co.

    Ogletree Deakins Nash Smoak & Stewart PC has expanded its ranks in Orange County, California, by bringing on a veteran Employee Retirement Income Security Act litigator from Hinshaw & Culbertson LLP. 

  • July 19, 2019

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

    The last week has seen the owner of a Manchester skyscraper that needed repair sue several underwriters at Lloyd's, a prominent cryptocurrency trader drag a U.K. digital currency exchange into court and an executive for Honeywell sue HSBC Bank PLC. Here, Law360 looks at those and other new claims in the U.K.

  • July 18, 2019

    Warren Buffett-Backed Insurer To Pay $3M To End NY Probe

    A workers' compensation insurer owned by Warren Buffett's Berkshire Hathaway has agreed to pay $3 million to end an investigation by New York's Department of Financial Services into the alleged sale of unauthorized insurance products, the agency announced Thursday.

  • July 18, 2019

    $1M Storm Damage Coverage Dispute Ends After Settlement

    A Texas federal judge on Wednesday closed a $1 million suit launched by an apartment complex owner over the denial of an insurance claim for storm damage after the parties in the case agreed to a settlement.

  • July 18, 2019

    AIG Awarded Atty Fees After Harassment Suit Coverage Row

    A Florida federal judge ruled Wednesday that AIG unit National Union is entitled to collect attorney fees after fending off a medical services company's coverage claims stemming from a pair of harassment complaints, saying it would take “impermissible nitpicking” to conclude otherwise.

  • July 18, 2019

    CVS Says It's 'Impossible' To Tell Who's In Price-Gouging Suit

    CVS urged a Rhode Island federal judge not to certify classes of insured health plans claiming the company conspired with pharmacy benefits managers to overcharge them for generic drugs while secretly offering discounts to cash-paying customers, saying the fraud classes are undefinable.

  • July 18, 2019

    $38M Win For 'Madoff' Defamation Not Covered, 9th Circ. Says

    The Ninth Circuit affirmed Thursday that Berkley National Insurance Co. isn't obligated to cover a $38 million defamation award that a Los Angeles real estate investor won against Berkley's policyholder, who created websites comparing the investor to jailed Ponzi schemer Bernie Madoff.

  • July 18, 2019

    Drugmakers Tell 7th Circ. Insurer's Testosterone Suit Flawed

    A group of pharmaceutical companies is urging the Seventh Circuit not to revive a suit by Medical Mutual of Ohio that accused them of running a conspiracy to hide the harmful effects of testosterone supplements, saying the insurer never showed how it relied on their alleged misrepresentations.

  • July 18, 2019

    EU Clears US Asset Manager's Acquisition Of Dutch Insurer

    The European Commission has approved U.S. asset manager Apollo Management LP’s acquisition of a Dutch insurer after concluding that the transaction would raise no competition concerns in Europe.

  • July 17, 2019

    Pa. Med Mal Insurer Law Won't Get Blocked, For Now

    A Pennsylvania federal judge on Wednesday declined to issue a preliminary injunction blocking a law calling for more state control over a publicly created medical malpractice insurer, finding the state's joint underwriting association hasn't shown an imminent likelihood of irreparable harm as its case proceeds.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

Expert Analysis

  • State Net

    A Look At How States Are Experimenting With Health Care

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    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • 1st Circ. Takes A Bite Out Of Advertising Injury Coverage

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    The First Circuit's decision in Sterngold Dental v. HDI Global Insurance clarifies the treatment of the intellectual property exclusion to personal and advertising injury coverage under the standard commercial general liability form, bypassing the need to determine whether a trademark is an advertising idea, say Bryon Friedman and Robert Joyce of Littleton Park.

  • The Potential Effects Of Calif. Contractor Reclassification Bill

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    If enacted, California’s Assembly Bill 5 would codify the so-called ABC test for independent contractors established in the California Supreme Court's Dynamex decision. Notably, the bill goes beyond the scope of Dynamex and could have an extraordinary impact on the state's economy, say attorneys at Littler.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Data Analytics Decision Highlights Product Liability Questions

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    In Rodgers v. Laura & John Arnold Foundation, a New Jersey federal court recently held that a public safety assessment based on data analytics was speech rather than a product. The decision suggests that consumers led astray by analytics may want to consider remedies outside of product liability law, say Davis Walsh and Richard Beaulieu of McGuireWoods.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • New HRA Regulations Are Welcome, But Watch For Pitfalls

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    New regulations have expanded the use of health reimbursement accounts by allowing reimbursements for individual market insurance premiums. These new accounts bring potential for missteps under the Employee Retirement Income Security Act and the Affordable Care Act, say attorneys at Proskauer.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Common Misconceptions About Risk Purchasing Groups

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    Group property and casualty insurance policies are a misunderstood and often impermissible method of delivering insurance coverage. In recent years states have begun to reexamine their risk purchasing group laws, but many ambiguities and inconsistencies remain, says Zachary Lerner of Locke Lord.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.