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Insurance

  • May 17, 2019

    Geico Can't Escape Driver's $1M Punitive Damages Award

    A California appellate court on Friday affirmed a jury's $1 million punitive damages award against Geico General Insurance Co. over its unreasonable delay in paying an injured policyholder the full limits of his policy following a serious car crash. 

  • May 17, 2019

    IRS Can't Use Law To Force Health Plan Penalty Payment

    The Internal Revenue Service can’t use the Anti-Injunction Act to dodge an injunction preventing it from collecting payments from employers whose health plans fail to cover birth control, a North Dakota federal court has ruled.

  • May 17, 2019

    No Delay For CVS-Aetna Deal Review

    The U.S. Department of Justice deal clearing the CVS-Aetna merger remains bound for review with live witness testimony in early June after a D.C. federal judge rejected CVS Health Corp.'s bid to delay the first-of-its-kind review by more than a month.

  • May 17, 2019

    House Passes Bill To Lower Drug Prices, Bolster ACA

    The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.

  • May 17, 2019

    Platinum Reinsurer Strikes Back At Insurer 'Smear Campaign'

    A set of reinsurance and asset management companies that has been accused of operating as an alter ego of now-defunct Platinum Partners is fighting to escape racketeering claims from the hedge fund's insurers.

  • May 17, 2019

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

    This past week has seen a Kazakhstan lender file fraud claims against a dissolved London-based business, a Dubai airport security equipment company sue Barclays, and Yamaha's motorcycle business file claims against a German insurer. Here, Law360 looks at those and other new claims in the U.K.

  • May 16, 2019

    United, Humana Say Classes Can't Carve Up Generic Awards

    United Healthcare and Humana want the Pennsylvania federal court overseeing sprawling multidistrict litigation over generic drug prices to refuse to grant an order that would set aside part of any money the health care companies might win for the main class.

  • May 16, 2019

    Insurer Must Face Suit Over Tree Crush Death, 3rd Circ. Says

    A homeowner whose husband was crushed by a downed tree that "uprighted" may have viable claims against an insurer over the Superstorm Sandy-related accident, the Third Circuit ruled Wednesday, reviving the suit on the grounds that it's not clear the accident was "unforeseeable."

  • May 16, 2019

    7th Circ. Won't Revive Rail Co.'s $10M Cleanup Coverage Row

    The Seventh Circuit on Thursday rebuffed rail supply company Varlen Corp.'s bid for more than $10 million in coverage from Liberty Mutual over costs of remediating groundwater contamination at two industrial sites, saying a lower court properly barred expert testimony that would have defeated a pollution exclusion in Varlen's policies.

  • May 16, 2019

    Geico Not Liable For Tax, Fees That Insureds Don't Incur

    An Illinois man can't retrieve sales taxes and fees from Geico Corp. to replace a damaged vehicle after a federal judge ruled that he failed to show he had incurred those costs in the first place.

  • May 16, 2019

    5th Circ. Revives MD’s Securities Suit Against Ex-Biz Partner

    The Fifth Circuit has revived a Texas neurosurgeon's attempt to go after his former financial partner for allegedly violating federal securities law by promising their business venture would net $190 million when it only turned up $11 million, saying a lower court overlooked a threshold issue about whether a security even existed.

  • May 16, 2019

    Insurer Wants Out Of Stanley Cup TM Suit

    Frankenmuth Mutual Insurance Co. asked an Illinois federal judge Wednesday to declare that it has no duty to defend uninsured parties in a lawsuit accusing them of infringing trademarks for the Stanley Cup after its only insured in the case has settled.

  • May 16, 2019

    Pa. Justices Cast Doubt On Highmark-UPMC Deal Extension

    Pennsylvania’s highest court seemed unwilling Thursday to indefinitely extend a state-brokered consent decree to require the University of Pittsburgh Medical Center to provide ongoing in-network access to Highmark Inc. insurance holders.

  • May 16, 2019

    Apartment Complex Can't Tap Full $32M Limit For Fire Damage

    The Eighth Circuit on Thursday affirmed that a 32-building Missouri apartment complex cannot tap into the full $31.8 million limit of its American Family Mutual Insurance Co. property policy to cover costs from a fire that destroyed one building and damaged two others, saying the total limit is available only if the entire complex is razed.

  • May 16, 2019

    State AGs Want In On CVS-Aetna Deal Review

    Attorneys general from California, Florida and three other states that helped the U.S. Department of Justice craft a deal clearing the CVS and Aetna merger want time to defend the agreement amid the deal's unusual review process playing out in D.C. federal court.

  • May 16, 2019

    Fee Bid Was Within Precedent In ERISA Suit, 11th Circ. Told

    A woman in a benefits dispute with Liberty Life Assurance Co. of Boston told the Eleventh Circuit on Wednesday she can't be subject to sanctions for seeking attorney fees after losing the case because her suit raised significant questions of law under the Employee Retirement Income Security Act.

  • May 16, 2019

    White Eagle, Lender Settle Debt Status Row In Del. Ch. 11

    Life insurance policy investor White Eagle Asset Portfolio LP reported a wide-ranging Chapter 11 settlement deal with its prepetition lender in Delaware bankruptcy court late Wednesday, with terms calling for an end to debtor-lender litigation, a $15 million debtor-in-possession loan and a refinancing or collateral sale.

  • May 16, 2019

    Platinum Partners' Alleged Alter Ego Seeks Ch. 15 Shield

    Cayman Islands-based reinsurance company Beechwood asked a New York bankruptcy court Thursday to recognize its foreign liquidation proceedings and put a stay on several U.S. cases in which it is accused of being an alter ego for hedge fund Platinum Partners in a securities fraud scheme.

  • May 15, 2019

    Allstate Seeks To Join Chancery Brawl Over Reinsurance Firm

    Allstate Life Insurance Co. moved to intervene late Tuesday in a Chancery Court scramble over the rehabilitation of reinsurance firm Scottish Re (U.S.) Inc. and a Delaware Insurance Department ruling that insurers worry could curb their right to reduce payments to Scottish Re by the amounts it owes to them.

  • May 15, 2019

    Nassar Accusers Say Nat'l Gymnastics Org Can't Elude Probe

    A group of athletes who have accused former sports doctor Larry Nassar of sexual abuse are arguing the National Gymnastics Foundation can't duck their information requests in their probe of the links between the foundation and the bankrupt USA Gymnastics.

Expert Analysis

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Property Insurers: Beware Getting Stuck In Texas State Court

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    Texas federal courts have split over how an election of liability affects property insurers' ability to remove lawsuits from state to federal court. Until the Fifth Circuit weighs in, out-of-state carriers must make timely decisions to avoid being stranded in state court, say Matthew Kolodoski and Harrison Yoss of Thompson Coe.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • 3 Insurance Issues Raised By The Notre Dame Cathedral Fire

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    The devastating Notre Dame Cathedral fire provides a rare opportunity to consider the many unique factors that owners and insurers must consider when insuring national treasures, say attorneys at Zelle.

  • Don't Let License Rules Snuff Out Your Fire Expert

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    Lawsuits involving property damage due to fire often require the retention of an expert to investigate the fire, but testimony can be excluded if the expert lacks the required licenses. Attorneys at Tucker Ellis break down the different licensing requirements for fire scene inspection in all 50 states.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

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    The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.

  • Despite Notice-Prejudice Rule Win, Insureds Should Stay Wary

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    In Providence Health v. Certain Underwriters at Lloyd's London, a Washington federal court applied a notice-prejudice rule to reject the insurer's late notice defense to coverage, but insureds should still pay attention to claims-made-and-reported policies' notice requirements because not all courts may reach the same decision, say Deepthika Appuhamy and Brian Scarbrough of Jenner & Block.