Insurance

  • September 23, 2019

    7th Circ. Says Insurer Must Cover Biomass Co. Contract Fight

    Insurer Crum & Forster must provide coverage for a builder of facilities that convert cow manure into electricity after a Seventh Circuit panel ruled Monday that an errors-and-omissions policy it sold contained expansive carve outs that made it effectively useless.

  • September 23, 2019

    'Ambiguous' Policy Forces Lloyd's To Pay For Jewelry Heist

    Certain underwriters at Lloyd's of London Inc. can't escape a breach of contract claim brought by a jewelry store whose products were taken during an armed robbery, after an Illinois appellate court ruled the insurance policy was ambiguous.

  • September 23, 2019

    Mortgage Cos. Ask Full 5th Circ. To Revisit $298M FCA Verdict

    Two mortgage loan companies want the full Fifth Circuit to rehear their appeal of a nearly $300 million judgment arising from alleged federal loan insurance fraud during the mortgage crisis, saying the original appeals panel twisted a causation standard.

  • September 23, 2019

    Fla. Blue Cross Broker Exclusivity Gets Antitrust Immunity

    Rules by Blue Cross Blue Shield of Florida barring agents from selling other insurance lines are secure from a rival insurer's lawsuit, a federal judge has decided, holding that the exclusivity provisions are part of the "business of insurance," which triggers antitrust immunity.

  • September 23, 2019

    Texas High Court Won't Weigh Drunk-Driving Coverage Row

    The Fifth Circuit refused Monday to seek the Texas Supreme Court's input on whether a drunken driving crash qualifies as an “accident” under a liability insurance policy, leaving intact its July ruling that Cincinnati Insurance Co. must cover a punitive damages award against an insured driver who hit another vehicle while intoxicated.

  • September 23, 2019

    Insurer Must Defend Strip Club In Models' Image Use Suit

    AIX Specialty Insurance Co. must provide a defense for Miami-area strip club Porky's Cabaret in a lawsuit brought by 17 models who have alleged the club used their images to draw in crowds without their consent and without paying them, a Florida federal judge ruled Friday.

  • September 23, 2019

    Firm Swiped $1M From Settlement Payment, Insurer Says

    A New York-based law firm that has focused on insurance litigation matters allegedly pocketed $1 million that was meant as a settlement payment in another case, a New Jersey-based insurance carrier has contended in New York state court.

  • September 23, 2019

    Banks, Insurers Commit To Global Climate Action

    Banks from 46 countries with more than $47 trillion in assets have adopted new United Nations-backed principles on “responsible banking” to fight climate change and increase focus on sustainable finance.

  • September 20, 2019

    Buyers Win Class Cert. In Blood Clot Drug Monopoly Suit

    A Tennessee federal judge on Friday certified a class of thousands of Lovenox buyers in a suit from a Nashville hospital and a union health plan accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • September 20, 2019

    Insurer Can't Duck Allegation It Delayed Handling Injury Claim

    An insurance company must face claims that it took too long to process a workplace injury claim for a construction worker who subsequently died of unrelated causes, but the compensatory damages it may be liable for are limited to interest payments, a Delaware state court has determined.

  • September 20, 2019

    Building Owner Wants Insurer Suit Over Stabbings Tossed

    A Houston building owner has asked a federal court to toss an insurer’s bid to escape liability for a double stabbing in an apartment complex, arguing that the RLI Corp. unit is making a stingy read of Texas insurance law.

  • September 20, 2019

    Northrop Grumman Insurer Nabs Partial Win Over Enviro Suit

    Travelers Indemnity Co. is not responsible for part of coverage claims that Northrop Grumman Corp. made after facing a class action lawsuit over industrial waste because the aerospace and defense company waited too long to notify the insurer, a New York federal court said Friday.

  • September 20, 2019

    Insurer Doesn't Have To Cover Stanley Cup TM Defense Costs

    An insurer doesn’t have to cover remaining costs of a collectibles company’s Stanley Cup trademark infringement settlement with the National Hockey League because the company inexcusably delayed notice of the claim, an Illinois federal judge ruled Friday.

  • September 20, 2019

    Judge Sinks Most Of Maritime Law Firm's Suit Against BCBS

    A Louisiana federal judge has tossed all but one claim in a New Orleans law firm’s suit alleging Blue Cross and Blue Shield of Louisiana wrongly denied continued inpatient treatment to the child of two of the firms’ members in violation of the Employee Retirement Income Security Act.

  • September 20, 2019

    Del Monte Wants Coverage In Tainted Veggie Tray Suits

    Del Monte Fresh Produce NA Inc. sued one of its suppliers and its insurance company Friday for full coverage as the fruits and vegetables purveyor battles suits accusing it of fueling a parasite outbreak last year.

  • September 20, 2019

    Travelers Unit Files Counterclaim In Stage Dive Injury Suit

    A Travelers unit has told a New Jersey federal judge it is not responsible for defending a music label that was sued by two concertgoers who claim they were injured when audience members dove off the stage and collided with them.

  • September 20, 2019

    'Title Pirates' Plague Attys With False Deeds That Derail Deals

    After a recent multibillion-dollar hotel portfolio sale reportedly stalled because of multiple fake deeds, lawyers say they must be on the lookout for "title pirates" who can easily delay or derail deals by filing fraudulent deeds because there's no foolproof system in place to catch them.

  • September 20, 2019

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

    The last week has seen an investment banker sue his former Mishcon De Reya LLP lawyers following a failed lawsuit against Newcastle F.C.'s billionaire owner, a foreign exchange business drag the head of its Irish operations into court and an Enterprise insurance unit take action against its Greek brokerage arm. Here, Law360 looks at those and other new claims in the U.K.

  • September 19, 2019

    NC Insurance Exec Seeks Toss Of Federal Bribery Case

    The owner of an insurance conglomerate asked a North Carolina federal court on Thursday to toss a criminal case charging him with conspiring to bribe the state's insurance commissioner by offering cash to shut down a troublesome investigation.

  • September 19, 2019

    Sausage Biz's Coverage Suit Over Hacker Scam Still Cooking

    A Texas federal judge has ruled that Twin City Fire Insurance Co. wrongfully denied coverage to Quality Sausage Co. and its subsidiary after a hacker tricked an employee into transferring $1 million out of a client's bank account, ruling that the insurer "breached a duty that it owed."

  • September 19, 2019

    Class Cert. Denied In ERISA Suit Against Tort Firm 401(k) Plan

    An Andrus Wagstaff PC 401(k) plan participant can't turn her Employee Retirement Income Security Act suit into a class action accusing Nationwide of intentionally overcharging the law firm's plan for record-keeping services, an Ohio federal judge ruled Thursday, saying her class definitions were overbroad.

  • September 20, 2019

    CORRECTED: 11th Circ. Says Cigna Can Enforce $25M Deal

    The Eleventh Circuit reversed and remanded a Florida district court's denial of Cigna Healthcare Inc.'s motion to enforce a $25 million settlement agreement after allegations that a group representing the class misappropriated part of its settlement with Cigna. Correction: A previous version of this article misstated which group was alleged to have misappropriated settlement money. The error has been corrected.

  • September 19, 2019

    Landmark's $1M Grain Silo Coverage Suit Is Tossed

    Landmark American Insurance Co. and a fellow insurer can’t try to dodge coverage for a contractor accused of building faulty grain silos yet because an arbitration panel hasn’t finalized its $1 million award against the contractor, a Texas federal judge has ruled in tossing the insurers' suit.

  • September 19, 2019

    Mischievous Raccoons Not Subject To The Law, Judge Says

    A Pennsylvania federal judge on Thursday nixed a Pittsburgh-area business’ insurance coverage suit stemming from alleged vandalism and malicious mischief caused by raccoons, saying the creatures “do not have conscious agency and are not subjects of human law.”

  • September 19, 2019

    Davis Polk-Led Charles Taylor To Go Private In £261M Deal

    Charles Taylor, a U.K.-based insurance services provider guided by Davis Polk, agreed to a £261 million ($325.4 million) private acquisition by a firm formed on behalf of funds advised by Lovell Minnick Partners, the companies said Thursday.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • GAO Report Illuminates Insurer Influence On Drug Discounts

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    A recent report by the U.S. Government Accountability Office on Medicare Part D drug prices provides novel insights concerning the variability of negotiated discounts across drugs and insurers, and reveals several factors that may be responsible for the fluctuation in rebating across health insurance plans, say consultants at Analysis Group.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • SEC's Broker Bar Stance Hinges On Penalties Vs. Remedies

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    The U.S. Securities and Exchange Commission's recent decision holding that Financial Industry Regulatory Authority expulsions are remedial, not punitive, spells out how far a regulator can go in sanctioning securities misconduct in light of the U.S. Supreme Court's Kokesh opinion, says Clinton Marrs of Marrs Griebel Law.

  • Insurer Claims-Adjustment Documents Are Often Discoverable

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    Despite insurers' claims to the contrary, a Colorado federal court's recent decision in Olsen v. Owners provides a helpful reminder that claims-adjustment communications and documents often fall well outside the ambit of traditional privilege protections, even when an attorney is involved, say Christopher Sheehan and Jan Larson of Jenner & Block.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • 3 Lessons For Calif. Insureds From Late-Notice Rule Decision

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    The California Supreme Court's recent decision in Pitzer College v. Indian Harbor establishes that the notice-prejudice rule may protect California policyholders even if a contractual choice-of-law provision selects less favorable law, but such protection is not guaranteed, especially in the case of third-party policies, say Nathan Anderson and Tyler Gerking of Farella Braun.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • NJ Ruling Does Not Bode Well For 'Stranger' Life Policies

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    Since the height of stranger-originated life insurance policies over a decade ago, states have not provided much guidance on the legality of existing policies. However, the New Jersey Supreme Court's recent decision in Sun Life v. Wells Fargo finding such policies invalid could influence other states to follow suit, say attorneys at Cozen O'Connor.

  • State Net

    Ransomware Poses Tough Choices For State, Local Gov'ts

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    This year, more than 70 state and local governments have been targeted by ransomware attacks. Despite a flood of legislation aimed at the problem, many state and local government information technology leaders still lack the funding and cybersecurity talent they need, says Korey Clark of State Net Capitol Journal.