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Insurance

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    8th Circ. Asked To Eye Cave Structure In $22M Coverage Fight

    The owner of an underground storage facility urged the Eighth Circuit on Monday to force its insurers to pay for $22 million worth of damage from a series of rock falls under the company’s building collapse coverage, saying a lower court erred in analyzing how the facility is embedded into the surrounding rock.

  • January 15, 2019

    Hunton Andrews DQ Bid Under Fire In Crash Coverage Suit

    Ranger Construction Industries Inc. slammed Allied World National Assurance Co.'s bid to disqualify Hunton Andrews Kurth LLP for allegedly using inadvertently disclosed confidential documents in a pending case, saying Tuesday the insurer is trying to turn its own errors into a "reason to rob Ranger of its chosen counsel."

  • January 15, 2019

    UnitedHealth's Offsetting Method Unreasonable, Says 8th Circ.

    The Eighth Circuit ruled Tuesday that UnitedHealth Group Inc. isn’t allowed to offset overpayments to providers from certain health plans by withholding payments to those providers from other health plans, affirming a lower court’s finding that the insurer’s interpretation of plan documents was unreasonable.

  • January 15, 2019

    Insurer Wants Out Of Covering Depomed In Opioid Litigation

    Navigators Specialty Insurance Co. has asked a California federal court to affirm that it doesn't have to defend or indemnify Depomed Inc.'s successor in more than three dozen suits over the drugmaker's role in the opioid crisis, saying the policies don't cover opioid-related injuries and "allegedly intentional wrongdoing."

  • January 15, 2019

    NJ High Court Probes 'Step-Down' Clause In Fatal Crash Row

    The insurance carrier for a BMW dealership must cover a crash in which an off-duty police officer was killed by a drunken driver operating a loaner vehicle from the dealership, counsel for the officer’s estate told the New Jersey Supreme Court at arguments on Tuesday in challenging a state appellate ruling that coverage was not required.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    NY Title Insurance Kickback Rule Revived On Appeal

    A New York state appellate court ruled Tuesday that the state Department of Financial Services had the power to ban title insurance companies from wining and dining lawyers and others who could refer business to them, paring back a lower court's ruling that struck down the regulation.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

  • January 15, 2019

    Brazil Says Aviation Insurers Have Been Swapping Info

    Brazil’s antitrust authority has launched an investigation into whether American International Group Inc. and 10 other companies in the aviation and aerospace insurance industry affected competition in the country by sharing sensitive pricing information.

  • January 14, 2019

    1st Circ. Denies NFL Benefits To Late Patriots Pro's Ex-Wife

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu cannot claim survivor benefits from the NFL after the First Circuit ruled that a posthumous domestic relations order does not overrule the couple's marital separation agreement that only entitled her to receive one-third of his benefits.

  • January 14, 2019

    Travelers Settles $1M Row Over Army Drone Facility In Israel

    A Travelers unit and an Israeli construction company have settled a dispute over $1 million worth of work the builder said it wasn’t paid during U.S. government work on a drone facility in Israel, a Connecticut federal judge said Monday.

  • January 14, 2019

    Jones Walker Snags Fowler Rodriguez Team In Merger

    Jones Walker LLP has absorbed the founding partner of fellow New Orleans-anchored international dispute firm Fowler Rodriguez, along with a group of attorneys versed in working with domestic and international maritime, energy and insurance clients on issues including infrastructure deals, immigration, tax matters, mergers and acquisitions, and international arbitration.

  • January 14, 2019

    Lender Says Life Settlement Co. Is Using Ch. 11 To Pay Parent

    The top secured lender to bankrupt life settlements venture White Eagle Asset Portfolio LP accused it of seeking to improperly pay the expenses of a non-debtor parent and urged a Delaware bankruptcy judge to reject a proposed cash management order for the case.

  • January 14, 2019

    10th Circ. Affirms Liberty's Win In Black Lung Coverage Row

    Liberty Mutual Fire Insurance Co. didn't breach any obligations to the ex-president of bankrupt Clemens Coal Co. when it failed to provide the company a policy with coverage for black lung disease claims, the Tenth Circuit affirmed on Monday, agreeing with a lower court that the former executive's case fails because the insurer owed no duty to him personally.

  • January 14, 2019

    CVS CEO Unveils $100M Initiative For 1-Stop Health Care Shop

    CVS Health Corp. CEO Larry Merlo on Monday announced a five-year, $100 million commitment to the creation of a health care model that he said would give consumers a more localized, one-stop shop for care and simplify treatment options.

  • January 14, 2019

    Mueller Probe To Dominate Barr Confirmation Hearing

    The Senate Judiciary Committee is set to start grilling President Donald Trump's attorney general nominee William Barr Tuesday, and the biggest item on the menu is undoubtedly his supervision of Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

  • January 14, 2019

    Trump's ACA Birth Control Rules Blocked Nationwide

    A Pennsylvania federal judge issued a nationwide injunction Monday blocking Trump administration carveouts to the Affordable Care Act's birth control mandate from taking effect, one day after a court in California blocked the same ACA exemptions in 13 states and the District of Columbia.

  • January 14, 2019

    Lloyd's Underwriters Say Reinsurance Pact Null In $3.7M Row

    Underwriters at Lloyd's of London have urged a Maryland federal court not to send to arbitration a $3.7 million coverage dispute with two insurers over a Baltimore warehouse that was destroyed in a fire, arguing the parties' agreement is void because the insurers misrepresented certain material facts.

  • January 14, 2019

    Ex-GC Returns To Lead Haynes And Boone Group In Dallas

    A former partner in Haynes and Boone LLP's white collar practice group has returned to the law firm's Dallas office — after a stint as assistant general counsel for a public health care company — where he will co-lead its health care and life sciences group, the firm announced Monday.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • A Look Inside CMS' New Medicare Shared Savings Program

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently issued its final rule overhauling the Medicare shared savings program for accountable care organizations. Attorneys with Ropes & Gray LLP review some of the primary changes, including new beneficiary incentives and coverage for telehealth services.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Axis V. Northrop Highlights Premature Exhaustion Risks

    Caroline Meneau

    A California federal court's decision in Axis v. Northrop reminds insureds to consider excess insurers' coverage positions when negotiating coverage with lower-level insurers. Insureds should also be wary of settlements that could be construed as disgorgement of ill-gotten assets, say Caroline Meneau and David Kroeger of Jenner & Block LLP.

  • An FAQ On The State Of Direct Procurement Insurance

    Zachary Lerner

    The practice of procuring insurance coverage by "direct procurement" has been viewed as a constitutional right for half a century, but recent events have raised many questions within the insurance industry over whether that right is being eroded by certain states, says Zachary Lerner of Locke Lord LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.