Insurance

  • January 15, 2021

    John Hancock Can't Keep Trading Info From Porsche: 1st Circ.

    The First Circuit affirmed a decision Friday to allow Porsche U.S. discovery of John Hancock Life Insurance affiliates' trading activity and strategies for use in a securities fraud action brought in Germany related to the Volkswagen-led emissions cheating scandal.

  • January 15, 2021

    Miss. Businessman Gets 18 Years For $288M Tricare Fraud

    A Mississippi man was sentenced Friday to 18 years in prison by a federal judge for his role in a $287.6 million scheme to defraud the Tricare health benefit program by paying doctors and drug distributors kickbacks.

  • January 15, 2021

    Pa. Court Finds No 'Physical Loss' To Restaurants From Virus

    A federal judge on Friday tossed a Pennsylvania restaurant's proposed class action seeking coverage from National Fire & Marine Insurance Co. for losses due to the coronavirus, finding that establishments limited to carry-out service had not sustained the "direct, physical loss" necessary to trigger their insurance policies.

  • January 15, 2021

    9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight

    A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?"

  • January 15, 2021

    Excellus To Pay $5.1M In HHS Deal Over Data Hack

    Excellus will fork over $5.1 million to the federal government and do a rigorous risk analysis as part of a deal to resolve a probe into a massive breach of health data, the U.S. Department of Health and Human Services said Friday.

  • January 15, 2021

    Ex-Insys Manager Frets Over 'Prison Parenting' In Delay Bid

    A former Insys executive asked a federal judge Friday to delay her prison sentence to avoid "prison parenting" her teenage son in the middle of the pandemic, when she says he needs her most.

  • January 15, 2021

    FDIC Seeks To Revive $3M Fight With Lloyd's At 11th Circ.

    The Federal Deposit Insurance Corp. urged the Eleventh Circuit to reverse a lower court's ruling that it cannot collect $3 million in prejudgment interest after prevailing in a $10 million coverage dispute against Lloyd's of London, saying the district court wrongly held that the interest request was untimely.

  • January 15, 2021

    Insurer Asks 8th Circ. To Affirm Win In Virus Coverage Bout

    Cincinnati Insurance Co. on Friday urged the Eighth Circuit to affirm that it is not responsible for covering an Iowa dental practice's lost income due to COVID-19 closure orders, arguing that a large body of case law supports the trial court's conclusion that the practice's losses did not result from a covered loss of property.

  • January 15, 2021

    Texas Law Firm Blasts Allstate Experts In Proposed Class

    Allstate is facing a proposed class action brought on behalf of as many as 10,000 Texas lawyers and law firms, accusing the insurer of routinely putting forth unqualified experts to delay justice and drive up court costs.

  • January 15, 2021

    Western Union Says Chubb Must Cover COVID-19 Losses

    The Western Union Co. lobbed a virus coverage suit at Chubb on Friday, telling a Colorado federal court that the Pennsylvania-based insurer has unlawfully refused to cover the company's losses stemming from pandemic-related business interruptions.

  • January 15, 2021

    Imerys To Add Details Of $130M Talc Settlement In Ch. 11 Docs

    Bankrupt talc producer Imerys Talc America agreed Friday to make changes to its Chapter 11 plan documents, telling a Delaware judge that it would add information about a $130 million settlement with former owner Cyprus Mines Corp. over legacy asbestos liabilities.

  • January 15, 2021

    ViacomCBS Sues Insurer Over Denial Of COVID-19 Coverage

    ViacomCBS filed suit in California federal court Thursday, alleging Great Divide Insurance Co. reneged on its coverage agreement by refusing to protect the media giant from losses when it was forced to delay or cancel production for its television shows and live events due to the COVID-19 pandemic.

  • January 15, 2021

    Zurich American Seeks To Duck College Virus Coverage Suit

    Zurich American Insurance Co. urged a Missouri federal judge to toss a proposed class action from another Midwestern college seeking COVID-19 related coverage from its $100 million policy, arguing that the school failed to allege physical damage and that the policy's contamination exclusion bars coverage.

  • January 15, 2021

    Rite Aid Must Face Trial For Inflated Drug Price Claims

    A Delaware Superior Court judge on Friday sent toward trial some litigation claims filed by a group of health insurance and pharmacy benefit companies asserting Rite Aid charged the companies too much for prescriptions included in the drugstore chain's discount drug card program.

  • January 15, 2021

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

    This past week in London has seen China's Huawei facing a patent fight, oil trading giant Mercuria sue a petroleum company and a spread-better file a claim against real estate tycoon Robert Tchenguiz. Here, Law360 looks at those and other new claims in the U.K.

  • January 15, 2021

    3 Benefits Takeaways From New Surprise Medical Billing Law

    A new federal law clamping down on surprise medical billing will likely trigger a short-term increase in employers' compliance spending, a long-term decrease in patients' out-of-pocket medical costs and an as-yet-unknown impact on employee health plans' overall price tag, experts say.

  • January 15, 2021

    4 Firms Build $586M Go-Private Deal For Insurer ProSight

    TowerBrook Capital Partners and Further Global Capital Management will buy New Jersey-based property and casualty insurer ProSight Global for roughly $586 million, the companies said Friday, in an agreement assembled by Ropes & Gray, Sullivan & Cromwell, Sidley Austin and Kirkland.

  • January 15, 2021

    Top UK Court Rules Insurers Must Cover Lockdown Losses

    The U.K. Supreme Court ruled Friday that insurers must pay out to hundreds of thousands of companies forced to close during the country's first pandemic lockdown, ruling in favor of the Financial Conduct Authority in a landmark case over business interruption cover.

  • January 14, 2021

    Insurer Seeks To Dodge Mass. Firm's Overbilling Probe Fees

    An insurance company on Thursday asked a Massachusetts federal court to declare that it is not responsible for paying attorney fees incurred by Thornton Law Firm LLP when the firm faced an investigation over alleged overbilling in a $300 million State Street Corp. settlement.

  • January 14, 2021

    3 Firms Steer Porch's Insurtech, Marketing Deals Worth $122M

    Home services software company Porch said Thursday it inked two acquisitions worth a combined $122 million to help expand its insurance-technology and marketing operations in a pair of deals put together by three law firms.

  • January 14, 2021

    AARP, UnitedHealth Judge Says Seniors Face 'Uphill Battle'

    A California federal magistrate judge said Thursday that senior citizens who have accused United Healthcare and AARP of unlawfully collecting millions of dollars in commissions on insurance sales face an "uphill battle" proving they were financially injured by the alleged misconduct.  

  • January 14, 2021

    Prison Co. Wants Insurer To Cover False Detention Litigation

    Private prison operator The GEO Group Inc. sued two AIG units in Colorado federal court, alleging Thursday that the carrier breached the insurance contract in not defending it in two pending class actions alleging false detention and bodily injury.

  • January 14, 2021

    Coronavirus Litigation: The Week In Review

    California restaurant owners say they shouldn't face fees for liquor licenses and health permits when state and county officials won't allow them to operate, the federal government can continue requiring in-person clinic visits to obtain abortion-inducing medication, and a cannabis farm is the latest to be hit with claims it fired workers who complained about workplace conditions amid the pandemic.

  • January 14, 2021

    Attys Want $4.2M Fee Award For UnitedHealth ERISA Case

    Attorneys representing medical providers in an ERISA suit against UnitedHealth asked a New Jersey federal judge for $4.2 million for the work they did securing a class action deal that made it easier to contest the health insurer's decisions on overpayments of medical claims.

  • January 14, 2021

    Simpson Guides KKR's $1.7B Asia-Focused Real Estate Fund

    KKR, with help from Simpson Thacher, has closed its first-ever Asia-Pacific-focused real estate fund at a value of $1.7 billion, according to an announcement Thursday from the private equity firm.

Expert Analysis

  • Opinion

    6 Ways Financial Regulators Should Prioritize Climate Risk

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    As the Biden administration prepares to take office, financial regulators must resolve to collaborate with each other and industries to manage the financial risks from climate change after years of obstruction by the Trump administration, says New York Department of Financial Services Superintendent Linda Lacewell.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • Cybersecurity Event-Driven Securities Litigation Has Arrived

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    A recent shareholder lawsuit against First American Title Insurance Co. highlights that securities litigation prompted by regulatory actions may become increasingly prevalent in the cybersecurity context, say attorneys at Pasich.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • Opinion

    A Law Of The Digital Sea Could Expand Data Rights, Oversight

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    Democracies should implement a law of the digital sea that can balance innovation with individual rights and national security by mandating personal ownership of data, rigorously enforcing antitrust law, and empowering agencies like the Consumer Financial Protection Bureau to grade cyberhygiene, says Luke Schleusener at QOMPLX.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Opinion

    Spa Virus Coverage Ruling Misses The Mark

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    A Virginia federal court's recent decision in Elegant Massage v. State Farm held that an insurance policy's virus exclusion did not apply to a spa's COVID-19 business income claim, ignoring well-established contract interpretation principles and should be rejected by other courts, says George Reede at Zelle.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • 10 Most Significant Insurance Coverage Decisions Of 2020

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    Though COVID-19 was unquestionably the biggest insurance story of 2020, the most noteworthy decisions of the year had definitive impact on issues like injury-in-fact triggers and concurrent causation, says Randy Maniloff at White and Williams LLP.

  • 2 Decisions Reveal Key To Virus Insurance Coverage In NY

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    Though a New York federal court recently handed down two pro-insurer decisions in disputes over business insurance coverage for COVID-19-related losses, the rulings signal one strong legal basis for coverage, say Michael Scanlon and Greg Van Houten at Haynes and Boone.

  • 5 Major Drug And Medical Device Developments In 2020

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    In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

  • Limiting The Severity Of Deficient Securities Fraud Claims

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    The U.S. Supreme Court's evidentiary requirements of price impact at the class certification stage — established in its Halliburton II decision in 2014 — provide an effective solution to disqualify securities fraud claims with price impact deficiencies, say Nessim Mezrahi and Stephen Sigrist at SAR.

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