Insurance

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    Chubb Must Defend Rite Aid In Opioid Suits, Del. Court Says

    The Delaware Superior Court ruled Tuesday that Chubb must defend Rite Aid Corp. in hundreds of suits alleging it improperly distributed opioids, finding that alleged economic losses in the underlying litigation were caused by "bodily injury" covered by Chubb's policy.

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    Debevoise-Led Blackstone Joins Insurer's $500M Fund Round

    Health insurance company Bright Health said Tuesday it secured $500 million in its latest financing round from investors including funds and accounts advised by Tiger Global Management, T. Rowe Price Associates and Debevoise-advised Blackstone.

  • September 22, 2020

    Zurich Wants America's Kids' COVID-19 Coverage Suit Tossed

    Zurich American Insurance Co. is asking an Illinois federal court to throw out claims by clothing retailer America's Kids LLC that the insurer wrongfully denied coverage of losses stemming from the COVID-19 pandemic, saying the retailer can't claim the virus has caused "physical loss or damage."

  • September 22, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Hartford Says Hospitality Group's COVID-19 Loss Not Covered

    Hartford Fire Insurance Co. has urged a Connecticut federal judge to ax a proposed class action lodged by a New York hospitality group seeking coverage for COVID-19 closures, arguing that the policy expressly excludes virus loss and that the group failed to allege direct physical damage.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Insurer Says No Finger Scan Defense In Franchiser's Policy

    American Family Mutual Insurance Co. asked an Illinois federal judge Monday to declare that it has no duty to defend a McDonald's franchise owner against underlying state court claims that its finger-scanning practices violate employees' biometric privacy rights.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    AIG Case May Show Pitfalls Of Legal Ops Consulting

    A former AIG in-house attorney's recent lawsuit shows the possible complications that could arise for companies and clients when businesses that don't focus on legal operations as a core mission externally consult in this growing area of the corporate law department.

  • September 21, 2020

    SC Atty Who Blew Deadline Cleared In Malpractice Trial

    A South Carolina federal jury has cleared Maybank Law Firm and lawyer Roy Maybank of malpractice insurer Sentry Select's suit accusing them of blowing a litigation deadline and forcing Sentry into cutting a six-figure settlement check in a truck crash case.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    3 Key Developments As US Coronavirus Deaths Near 200,000

    The Centers for Disease Control and Prevention withdrew guidance on COVID-19 spread, the Trump administration's blueprint for distributing the coronavirus vaccine faced swift criticism, and litigation related to the pandemic continued to mount just as the number of confirmed U.S. virus-linked deaths neared 200,000. Here are three key developments to know.

  • September 21, 2020

    Mutual Of Omaha Reaches $6.7M Settlement In 401(k) Suit

    Mutual of Omaha Insurance Co. has struck a $6.7 million deal with workers and retirees to settle claims it flouted the Employee Retirement Income Security Act by running its retirement plans in a way that allegedly benefited the company more than workers, according to documents filed in Nebraska federal court.

  • September 21, 2020

    Reports Of Trump Misconduct Support Subpoena, NY DA Says

    Public reports accusing President Donald Trump and his businesses of wrongdoing could point to crimes that include criminal tax fraud, falsification of business records and insurance fraud, Manhattan's district attorney told a federal appeals court Monday.

  • September 21, 2020

    Calif. Insurer Appeals $21M Judgment In Wrongful Death Suit

    Cypress Insurance Co. is asking the Eleventh Circuit to overturn a $21 million judgment against it in a Georgia wrongful death suit, saying its liability for coverage in the automobile accident case is capped at $1 million.

  • September 21, 2020

    House Votes To Repeal Health Insurers' Antitrust Immunity

    The U.S. House of Representatives on Monday approved bipartisan legislation that would restore the government's ability to charge health insurers under federal antitrust laws and could save Americans billions in health insurance costs.

  • September 21, 2020

    Insurers Must Cover $34M Explosion, Pipeline Says

    A pipeline developer says two Liberty Mutual subsidiaries must indemnify a contractor in its $34 million suit over a fatal pipeline explosion, telling an Alabama federal judge a pollution exclusion doesn't apply.

  • September 21, 2020

    Patriot National Trustee Seeks OK For $11M Director Deal

    The litigation trustee for bankrupt insurance services firm Patriot National Inc. has asked the Delaware bankruptcy court to approve an $11 million settlement of Chancery Court claims against company directors, saying it is the best chance for a recovery for creditors.

  • September 21, 2020

    Quest Unit Beats Med Screeners' Cert. In OT Collective Action

    A New York federal judge has allowed a Quest Diagnostics subsidiary to dodge an overtime collective action from nearly 3,000 medical screeners, finding differences in their responsibilities and how they recorded their hours bar them from litigating the claims as a group.

  • September 21, 2020

    Travelers Off Hook For $5M Flood Damage Pacts, Fixes

    A California federal judge on Monday cleared Travelers Indemnity Co. of coverage for more than $5 million in settlement and other costs stemming from a trio of suits alleging the city of Walnut Creek failed to maintain its storm drains and caused flooding, saying that the alleged damage stems from decades after the city's policies expired.

  • September 21, 2020

    Insurer Beats Dental Clinic's COVID-19 Coverage Suit

    Cincinnati Insurance Co. won't need to cover a dental office's loss from COVID-19 closures after an Illinois federal judge sided with the insurer's position that the clinic failed to show any direct physical loss during the pandemic.

  • September 21, 2020

    Insurer Wants Dentists' COVID-19 Claims Pulled From Court

    The Dentists Insurance Co. is asking a Washington federal judge for a win in a suit alleging it wrongfully denied business interruption claims by a proposed class of dental offices, saying the COVID-19 pandemic hasn't caused physical damage that would trigger the policies.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Djokovic's 'Accident' Through The Insurance Case Law Lens

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    The conflict between how tennis pro Novak Djokovic and U.S. Open organizers characterized his striking a line judge with a tennis ball has parallels with one of the most litigated questions in insurance coverage cases — whether an injury was caused by an accident, says Randy Maniloff at White and Williams.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • M&A In The Energy Industry: 6 Current Trends

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    The COVID-19 pandemic and the oil price war between Saudi Arabia and Russia sent demand for oil plunging this year — but an abundance of distressed assets means that ample opportunities for mergers and acquisitions in the energy sector still exist, say attorneys at Winston & Strawn.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • How The Pandemic Is Changing Stock Volatility Calculations

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    The COVID-19 pandemic is causing changes to beta measurement of stock sensitivity to market movements, and experts face the difficult question of whether to incorporate this changed beta into valuations in litigation, say Andrew Roper at Catalyst Economic Consulting and Clifford Ang at Compass Lexecon.

  • Opinion

    Fla. High Court Should Hold Insurer Liable In Damages Row

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    In Citizens Property v. Manor House, the Florida Supreme Court should hold that Citizens can be held responsible for damages resulting from its delay in resolving a hurricane-related insurance claim, in order to uphold settled law and protect policyholders, says Mark Nation at Morgan & Morgan.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

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