Insurance

  • February 28, 2020

    Tension Dominates Document Fight In Atty Suicide Case

    A fight over privileged communications between a Miami lawyer and his new firm in the wake of his former partner's suicide deteriorated Friday into a tense exchange with the attorney’s widow, with each side accusing the other of spouting falsehoods and delaying the litigation.

  • February 28, 2020

    John Hancock's Self-Dealing Hurt 401(k), Employees Say

    John Hancock's lax management of its employees' 401(k) retirement plan and preference for its own pricey and proprietary investment options cost workers tens of millions of dollars in bloated administration fees and lost profits that could have been raised by better-managed funds, according to a proposed class action filed in Massachusetts. 

  • February 28, 2020

    Del. Judge Splits Insurance Priority In Refinery Ch. 11 Fight

    A bank that served as an oil and gas delivery intermediary to Philadelphia Energy Solutions’ shuttered refinery has first priority on $1.25 billion in business interruption insurance, a Delaware bankruptcy judge ruled Friday, with PES’s term lender coming in second.

  • February 28, 2020

    Insurer Wins Coverage Row Over Horse-Drawn Buggy Crash

    Progressive doesn’t have to cough up $50,000 in uninsured motorist coverage to an insured motorcyclist who wrecked after nearly colliding with a horse-drawn buggy, because the buggy is not a “motor vehicle,” a Kentucky state appeals court held Friday.

  • February 28, 2020

    AIG Unit Beats Appeal In Fire-Resistant Wood Suits

    The Seventh Circuit on Thursday affirmed that an AIG unit doesn’t have to pay a Chicago-area lumber retailer’s costs in three suits alleging it sold a contractor fire-resistant wood that didn’t comply with industry standards, agreeing with a lower court that coverage is unavailable because the suits didn’t accuse the retailer of accidental conduct.

  • February 28, 2020

    4 Key Insurance Appeals To Watch In March

    State and federal appeals courts have several intriguing insurance cases on their dockets in March, with the Florida Supreme Court set to mull whether insurers can directly sue their policyholders' defense counsel and Massachusetts' high court poised to weigh the scope of a common exclusion for abuse claims.

  • February 28, 2020

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

    The past week in London has seen the liquidators of the defunct construction giant Carillion seek disclosure from the company's former KPMG auditors, Pinsent Masons LLP sue a prominent Emirati businessman, and the liquidators of a financing company sue its former chief executives. Here, Law360 looks at those and other new claims in the U.K.

  • February 27, 2020

    Insurer Can't Split Coverage Of Fracking Site Blast Suit

    The Tenth Circuit ruled Thursday that Burlington Insurance Co. must cover all of a trucking company’s costs to defend and settle a lawsuit stemming from an explosion that erupted at a fracking site when one of its drivers tried to light a cigarette, reversing a ruling forcing another insurer to pay part of that amount.

  • February 27, 2020

    Cox Wants Hulk Hogan Sex Tape Insurance Case In Georgia

    Cox Enterprises Inc. wants a Georgia court to decide whether its insurance company needs to defend it in a lawsuit over Hulk Hogan's sex tape, asking a Florida federal judge to transfer its insurer's claims up to the Peach State.

  • February 27, 2020

    FINRA-Banned Broker Cites Kokesh In Return To DC Circ.

    A former broker asked the D.C. Circuit on Wednesday to reverse an order upholding his lifetime ban from the securities industry by the Financial Industry Regulatory Authority, calling the penalty punitive rather than remedial.

  • February 27, 2020

    AIG Unit Can't Ax Coverage Of $3M Oil Rig Injury Deal

    The Tenth Circuit ruled Wednesday that oil rig owner Precision Drilling Co. LP qualifies for insurance coverage under policies that an AIG unit issued to the well site manager, affirming a Wyoming federal judge's ruling that the insurer must cover a $3 million settlement that Precision reached with an adviser who was injured on the job.

  • February 27, 2020

    Ex-White And Williams Atty Gets 5 Years In Claim Fraud Case

    An ex-White and Williams LLP attorney told a federal judge he accepted full responsibility for his crimes as he was slapped with a five-year prison sentence Thursday over a scheme in which he reaped nearly $3.5 million through false insurance subrogation claims.

  • February 26, 2020

    State Farm Says Health Center Used False Claims To Bilk $4M

    State Farm on Wednesday accused a Florida medical center and its medical director of providing inadequate and nearly identical treatment to patients eligible for personal-injury protection coverage and then swindling $3.89 million from the insurance company by submitting false medical claims, according to a suit filed in Florida federal court.

  • February 26, 2020

    Texas Justices Question 'Intent' In Overworked Trucker Suit

    Texas Supreme Court justices questioned Wednesday whether overworking a truck driver is as intentional an act as a terrorist attack or other hypothetical situations — a debate that played out as a late trucker's family seeks to move beyond workers' compensation in a suit against his employer. 

  • February 26, 2020

    Texas Justices Mull Fraud Exception To Insurer Defense Rule

    Loya Insurance Co. urged the Texas Supreme Court on Wednesday to recognize an exception to the state's rule governing insurers' defense obligations to consider evidence that a policyholder committed fraud, thus freeing the insurer of any duty to defend her in litigation over a car crash.

  • February 26, 2020

    6 AmTrust Directors Kept In Class Suit Over $2.95B Merger

    Delaware’s Chancery Court refused on Wednesday to dismiss class claims that six directors of property and casualty insurer AmTrust Financial Services Inc. breached their duty to investors when they agreed to take the company private for an allegedly underpriced $2.95 billion in June 2018.

  • February 26, 2020

    5th Circ. Says Insurer Must Rep McCathern In Malpractice Row

    An insurance company has a duty to represent attorney Levi McCathern and his namesake firm over a $6.25 million malpractice claim, as the Fifth Circuit determined Wednesday that some of the alleged wrongful acts likely occurred during the policy period.

  • February 26, 2020

    UnitedHealth Calls Medical Device Co.'s $5M Suit ‘Extreme’

    UnitedHealth Group on Tuesday slammed a medical device company's request for an injunction against the insurer's plans to withhold $5 million in offsets from future reimbursement claims, arguing this "extreme and urgent remedy" of an injunction is not warranted when the company failed to seek arbitration before filing suit.

  • February 26, 2020

    Racer Sues Event Co. Over 'Worthless' Insurance

    Spartan Race Inc. overcharged participants in its obstacle course contests for "worthless" insurance and lined its pockets with the excess fees, according to a lawsuit filed in Florida federal court Wednesday.

  • February 26, 2020

    Profs Back Fla. Blue Cross Exclusivity Rules At 11th Circ.

    Law and economics professors have thrown their support behind Blue Cross Blue Shield of Florida, telling the Eleventh Circuit that its rules barring agents from selling competing insurance policies are exempt from federal antitrust scrutiny.

  • February 26, 2020

    Health Groups Bash Short-Term Insurance Rule At DC Circ.

    Health care groups have urged the D.C. Circuit to scrap a Trump administration rule expanding how long Americans can use Affordable Care Act-skirting, short-term health insurance plans, arguing that the government's interpretation of the ACA is at odds with the landmark law's purpose.

  • February 26, 2020

    Split NJ High Court Upholds Geico Auto Coverage Ruling

    New Jersey’s Supreme Court on Wednesday affirmed an appellate decision that requires auto insurers to provide thousands of dollars in bodily injury liability coverage to out-of-state drivers while they’re driving in the Garden State, even though New Jersey residents themselves can purchase policies without those protections.

  • February 26, 2020

    Insurer Aims To Recoup $1.5M From NJ Transit Bridge Project

    A unit of The Hartford has filed suit in New Jersey federal court looking to recoup $1.5 million in surety bonds lost after a construction company backed by the insurer was terminated from a New Jersey Transit Corp. bridge project.

  • February 26, 2020

    Bank Of England To Penalize Cos. Still Using Libor In Oct.

    Financial companies that do not move away from Libor by October will be forced to hold more collateral if they want to borrow money from the Bank of England, the central bank warned Wednesday as it “turbocharged” efforts to ditch the scandal-plagued interest rate benchmark.

  • February 25, 2020

    Travelers Must Face Textron Asbestos Coverage Suit In Calif.

    A California state appeals court on Tuesday revived Textron’s lawsuit seeking to force Travelers to cover its costs to defend and settle an asbestos injury action brought by a former employee’s daughter, saying coverage is not foreclosed by a 29-year-old Rhode Island court ruling interpreting the same insurance policies.

Expert Analysis

  • Rebuttal

    Legal Industry Should Pursue AI Prediction Progress

    Author Photo

    As part of the debate prompted by my recent Law360 guest article on legal prediction using artificial intelligence, I would like to unpack four issues and suggest that attorneys and technologists continue to tackle the problems presently within reach, says Joseph Avery at Claudius Legal Intelligence.

  • What ACA's Uncertain Future Means For Biologics Patents

    Author Photo

    If the U.S. Supreme Court takes up the constitutional challenge to the Patient Protection and Affordable Care Act, it could eliminate the Biologics Price Competition and Innovation Act, creating patent litigation uncertainties and reducing cost-effective treatment options, say attorneys at Axinn.

  • Solutions To 4 Common Law Firm Diversity Challenges

    Author Photo

    A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

  • When Coronavirus May Trigger SEC Disclosure Requirements

    Author Photo

    Amid uncertainty over the global impact of coronavirus, companies across a variety of industries should evaluate several factors to determine when specific outcomes compel U.S. Securities and Exchange Commission disclosures, says Adele Hogan at Nelson Mullins.

  • Rebuttal

    Discrimination Cases Are Too Complex For AI Fee Prediction

    Author Photo

    A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

  • Courts May Clash With Litigants Over Document Review Tech

    Author Photo

    As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • The Legal Trends Behind 'Social Inflation' In Insurance

    Author Photo

    Modern societal factors such as litigation funding and the information age's impact on jurors have generally raised insurers' defense and indemnity costs across multiple lines of coverage. Fortunately, insurers have several tools to address this increase, sometimes referred to as social inflation, say attorneys at Hinshaw & Culbertson.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

    Author Photo

    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • CMS Reinsurance Rule Raises Quota Share Questions

    Author Photo

    Although the Centers for Medicare & Medicaid Services' new reinsurance rule is a welcome development for Medicare Advantage organizations, uncertainty surrounds whether it could ever allow quota share reinsurance agreements, say Jon Biasetti and Benjamin Sykes of Locke Lord.

  • Lawyers Can Build Trust Through The Spoken Word

    Author Photo

    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

    Author Photo

    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Recent Cases Defy Conventional Merger Control Wisdom

    Excerpt from Lexis Practice Advisor
    Author Photo

    In the decades since the passage of the Hart-Scott-Rodino Act and Tunney Act, four mergers and acquisitions antitrust practice trends have endured, but there are several recent counterexamples — including a New York federal court's approval of the T-Mobile-Sprint merger this week, says Tim Haney of Lexis Practice Advisor.

  • 6 Steps Insurers Can Take To Stay Ahead Of Privacy Laws

    Author Photo

    When working to comply with the California Consumer Privacy Act and new privacy and data security regulations in other states, insurers need to assess the categories, sources and uses of personal data they collect, paying close attention to important definitions that may vary under different laws, say Laura Jehl and Jaime Petenko of McDermott.

  • Insurance Ruling Handles Ransomware Coverage Logically

    Author Photo

    A Maryland federal judge's recent decision in National Ink and Stitch v. State Auto is among the first to hold that a business owner's insurance policy covered ransomware attack losses, utilizing well-reasoned analysis to demonstrate that coverage for cyberrisks can be found in traditional insurance contracts, say attorneys at Jaszczuk.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

    Author Photo

    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!