We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Insurance

  • September 21, 2018

    Class Alleges Genworth Is Sinking Own Long-Term Care Unit

    Insurance holding company Genworth Financial was hit with a putative class action in Delaware Chancery Court on Friday by holders of long-term care policies from one of its subsidiaries, who allege that the parent company is sabotaging their benefits by fraudulently transferring the subsidiary’s assets to its other units.

  • September 21, 2018

    High Court Case On ERISA Burden Ends In Settlement

    A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.

  • September 21, 2018

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

    The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.

  • September 21, 2018

    QBE Gets 2nd Chance At Force-Placed-Insurance Coverage

    A New York state appeals court revived a suit by insurer QBE against other insurers over coverage for sprawling underlying litigation over lender-placed homeowners' insurance, saying a contract was misread to grant summary judgment.

  • September 21, 2018

    Employer, Insurer Can't Exit Ex-Worker's Trans Son's ACA Suit

    A Minnesota federal judge has refused to let HealthPartners Inc. and Essentia Health escape claims from the transgender son of a former Essentia nurse practitioner over a health plan he alleged excluded gender transition-related health services, but let the companies out of the mother’s claim.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long term unfair practices but also to singular violations.

  • September 21, 2018

    Alaska Court Defers Ruling, Trims Claims In Dock Collapse

    An Alaska federal court has granted partial summary judgment to both Chubb Custom Insurance Co. and Copper River Seafoods Inc. in a dispute over the insurer’s alleged failure to compensate the seafood company for a building collapse under a policy with a $15 million limit, trimming claims against the insurer while also tossing some of its defenses.

  • September 21, 2018

    GE Unit Wants Full 11th Circ. To Decide $45M Steel Plant Row

    A French unit of General Electric Co. urged the Eleventh Circuit on Thursday to revisit its decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' dispute over allegedly faulty motors, arguing that international arbitration law doesn't preclude non-signatories from enforcing an arbitration agreement.

  • September 21, 2018

    Taxation With Representation: Gibson, Hogan Lovells, Mayer

    In this week’s Taxation with Representation, Enbridge simplified its corporate structure with $7.1 billion in deals, Adobe bought Marketo for $4.75 billion, Univar snapped up Nexeo for $2 billion, and Western & Southern Financial Group acquired Gerber Life Insurance for $1.6 billion.

  • September 20, 2018

    Kaiser Unit Beats Part Of Ex-Worker's Bias Suit

    A Maryland federal judge on Thursday partially dismissed a bias suit alleging a Kaiser Permanente subsidiary illegally fired a worker who complained to the U.S. Equal Employment Opportunity Commission that his supervisor harassed him because of his gender.

  • September 20, 2018

    Kokesh Defeats JPMorgan's $286M Coverage Award: NY Court

    A New York appeals court on Thursday reversed an order requiring a group of insurers to pay J.P. Morgan Securities Inc. $286 million for settlement costs that Bear Stearns shelled out in a deal with the U.S. Securities and Exchange Commission, saying coverage is precluded based on the U.S. Supreme Court's 2017 ruling in Kokesh that disgorgement is a penalty.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    2nd Circuit Balks At Bid To Lower No-Fault Fraud Sentence

    The Second Circuit on Thursday expressed reluctance to force a federal judge in Brooklyn to rethink a prison sentence that was longer than prosecutors originally recommended for a man who admitted his role in a no-fault insurance scheme after cooperating with prosecutors to bring in his alleged co-conspirators.

  • September 20, 2018

    Aetna Plan Doesn't Cover Wilderness Therapy, Court Agrees

    Aetna Life Insurance Co. prevailed on its bid for a quick win in a suit over wilderness therapy coverage on Wednesday, with a Utah federal judge deciding that a family didn’t prove that Aetna’s refusal to cover the treatment violated the Mental Health Parity and Addiction Equity Act.

  • September 20, 2018

    Lloyd's Coverage Of 'Body Broker' Cases Capped At $2M

    An Illinois federal judge on Wednesday ruled that a Lloyd’s of London underwriter has no further duty to defend a policyholder facing 10 suits over its alleged practice of cutting up and selling donated cadavers, holding that all the suits constitute a single claim and the insurer has already paid out more than the $2 million per-claim limit.

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    Data Regulator Plans GDPR 'Sandbox' To Test Compliance

    The U.K.’s data regulator has announced plans to create a regulatory test site to help companies try out innovative business ideas without breaching Europe’s new information protection regime and risking tough penalties.

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Okla. Insurance Co. Sues Rival Over Alleged Poaching

    An Oklahoma insurance and human resources consulting firm filed suit late Tuesday in Delaware Chancery Court, accusing a competing firm of poaching a former employee as part of an alleged scheme aimed at expanding its presence in the Sooner State.

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Telemedicine — The Next Frontier For DOJ Scrutiny?

    andre.jpg

    CVS is the first major drugstore company to offer customers the option to use their smartphone to “see” a doctor. With the U.S. Department of Justice affording more resources to health care fraud prosecutions, telemedicine services are certain to attract the scrutiny of investigators, say Lionel André and Michelle Bradford of Murphy & McGonigle PC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Preparing For New Life Settlement Transactions Reporting

    Kristan Rizzolo

    Last year’s Tax Cuts and Jobs Act imposed a host of new information reporting requirements on participants in life settlement transactions. Those affected should put systems in place now to ensure they have the information they need when the filing requirements go into effect, say attorneys at Eversheds Sutherland LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Post-Florence Insurance Considerations For The Carolinas

    Patrick Aul

    In 2016, Hurricane Matthew was an extraordinary event that caused the Carolinas' departments of insurance to provide additional safeguards for insureds. The impact of Hurricane Florence will likely compel North and South Carolina to take the same actions again, say Patrick Aul and Stephen Pate of Cozen O'Connor.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.