Insurance

  • October 11, 2019

    Teva, Mylan, Other Generic Makers Hit With Price-Fixing Suit

    UnitedHealthcare on Friday accused Teva, Mylan and more than a dozen other generic-drug makers of an egregious price-fixing scheme, claiming executives divvied up market share over fine Scotch and inflated the prices of more than 100 drugs, costing patients and insurers billions.

  • October 11, 2019

    Buckley Pressed Ex-Founder In Bid For $6M Insurance Claim

    A Buckley LLP partner threatened former firm chairman Andy Sandler with litigation that would expose misconduct allegations against Sandler if the ex-chair didn't back the firm's multimillion-dollar insurance claim over his abrupt departure, according to a person with knowledge of the matter.

  • October 11, 2019

    Collision Victim Doesn’t Need Expert In Brain Injury Case

    A man who claims he suffered a traumatic brain injury after a truck collision doesn’t need expert testimony to show the accident caused his injury, an Illinois federal judge said on Friday, noting that other evidence can establish whether he had a brain injury before the collision.

  • October 11, 2019

    Hill Wallack Builds Condo Group With 4 Attys, New Office

    Hill Wallack LLP has bolstered its community associations group with the addition of four attorneys in a new location that builds the firm’s southern New Jersey imprint and expands manpower in a growing practice area, firm leaders said.

  • October 11, 2019

    Davis Polk, Skadden Steer Insurer's Potential $246M IPO

    Insurance broker BRP Group Inc. on Friday set a price range for an initial public offering estimated to raise $246 million, steered by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.

  • October 11, 2019

    Calif. 'Grace Period' For Policy Termination Not Retroactive

    A California appeals court ruled Thursday that “grace period” laws requiring life insurers to wait 60 days after a policyholder misses a premium payment before terminating coverage don't apply to policies sold before the statutes took effect in 2013, upholding a jury verdict allowing Protective Life Insurance Co. to cancel a policy issued in 2005.

  • October 11, 2019

    Tour Buses 'Thumbed Nose' At Health Care Law, SF Says

    San Francisco slapped the operators of the City Sightseeing tour bus service with a lawsuit claiming they refused to shell out health insurance payments for over 200 workers, violating a city law requiring employers to provide affordable health care.

  • October 11, 2019

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

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 10, 2019

    Buckley Co-Founder Retired Amid Misconduct Probe: Suit

    An insurer for Buckley LLP is seeking to avoid paying the law firm's $6 million claim for a "loss of key employee" following the departure of co-founder Andy Sandler, arguing in a lawsuit that coverage is unavailable because the firm failed to disclose on its insurance application that it was investigating allegations of misconduct by Sandler shortly before his retirement.

  • October 10, 2019

    Texas Justices Focus 'Push Poll' Sanction Args On Bad Faith

    During a lively oral argument, Texas Supreme Court justices questioned whether attorney Bill Brewer acted in bad faith when he was sanctioned for conducting an alleged push poll ahead of a jury trial.

  • October 10, 2019

    Target Can't Pass Buck On Antibiotic Labeling Suit Costs

    Drug supplier McKesson Corp. and its insurer don't have to pay Target Corp.'s legal bills in a suit alleging a woman developed a rare skin disorder after following instructions on an inaccurate label on an antibiotic she bought from the retail giant, a California appeals court affirmed Thursday.

  • October 10, 2019

    Wash. Justices Side With T-Mobile In 9th Circ. Coverage Row

    Selective Insurance must cover T-Mobile's costs in a lawsuit alleging the telecom's antenna installation contractor damaged a building in Manhattan, a split Washington Supreme Court said Thursday, settling a critical issue at the center of a Ninth Circuit coverage dispute.

  • October 10, 2019

    UBiome's Ch. 7 Case Conversion Approved In Del.

    Fecal testing firm uBiome Inc. received court approval Thursday in Delaware for its request to convert its bankruptcy case to a Chapter 7 liquidation after its post-petition funding fell through in the face of creditor objections.

  • October 10, 2019

    UnitedHealthcare Can't Dodge Mental Health Treatment Suit

    A Utah federal judge has refused to toss a suit accusing UnitedHealthcare Insurance Co. of violating federal benefits law by not paying for treatment an EMC Corp. health plan participant's adoptive son received for violent behavior, but agreed to pause the case while a separate case over mental health coverage plays out. 

  • October 10, 2019

    Insurers Say $34M Ala. Pipeline Explosion Suit Not Covered

    Two Liberty Mutual subsidiaries asked an Alabama federal court to declare that they don't have to indemnify a contractor facing lawsuits over its role in a fatal pipeline explosion, including a $34 million suit by Colonial Pipeline Co.

  • October 10, 2019

    Suit Claiming NFL Cheated Illinois Clinic Moved To Texas

    An Illinois federal judge on Thursday sent to the Northern District of Texas a suit by an Illinois clinic claiming the National Football League told Cigna not to pay out on the league's health plan, arguing it should be consolidated with a similar case the clinic already has in that district.

  • October 10, 2019

    $9M Award Nixed After Jury Shown Unredacted Insurance Doc

    Jurors were wrongly allowed to consider an unredacted document that showed a drilling company had $9 million in insurance coverage and used that information when deciding to give an injured worker a $9 million award, a Texas appellate court ruled Thursday, ordering a new trial.

  • October 10, 2019

    1st Circ. Says F-Squared's $7.7M Fee Claim May Hinge On SEC

    The relative "possibility" of a U.S. Securities and Exchange Commission enforcement action after an investigation begins may determine whether the bankruptcy trustee for F-Squared Investments Inc. can recoup $7.7 million in legal fees spent during the investigation, the First Circuit said Thursday.

  • October 10, 2019

    J&J Beats Class Action Over Opioid Health Insurance Costs

    A New Jersey state judge said Thursday the connection between Johnson & Johnson's and Actavis' alleged roles in the opioid epidemic and rising health insurance premiums was too weak to allow a proposed class action to proceed.

  • October 09, 2019

    Genetic Testing Co., 3 Others To Pay $42.6M Over FCA Claims

    Genetic testing company UTC Laboratories Inc. and its three principals have agreed to collectively shell out $42.6 million to resolve allegations they violated the False Claims Act by paying physicians kickbacks in exchange for laboratory referrals, the U.S. Department of Justice said Wednesday.

  • October 09, 2019

    What Your Practice Needs To Know About Telehealth

    A monitoring sock that lets newborns go home from intensive care sooner. An internet-connected tablet that keeps diabetes patients out of the hospital. Innovations like these offer the promise of easing burdens on an overloaded health-care system while meeting patients where they are through technology. Here’s what you need to know about telemedicine and how it might affect your practice.

  • October 09, 2019

    Insurer Says Derailment Damaged $4.2M Of Honda Auto Parts

    A Japanese insurer has sued two transportation companies in Florida federal court, alleging their negligence caused a rollover railway collision in Ohio that led to more than $4.2 million in damage to shipments of Honda auto parts.

  • October 09, 2019

    Del. Justices Deny Review Of Geico Class PIP Suit

    The Delaware Supreme Court on Tuesday denied Geico's bid for it to reconsider a lower court's August certification of a class action challenging the company's auto insurer caps on personal injury payouts, ruling there are no "exceptional" issues that merit midcase review.

  • October 09, 2019

    Aetna Won't Cover Needed Physical Therapy, Suit Says

    Aetna Life Insurance Co. is violating federal benefits law by being stingy when it comes to covering physical therapy and taking an overly narrow view of what qualifies as "medically necessary," according to a proposed class action filed in Connecticut federal court.

  • October 09, 2019

    NJ School Wants Insurer To Pay $147K In McCarter Legal Bills

    A New Jersey special needs school has asked a state court to force the school's insurer to cover nearly $150,000 in attorney fees incurred during a trademark dispute that has since devolved into a legal malpractice fight with its former counsel at McCarter & English.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • State Net

    States May Slow Spread Of Vehicle Subscription Services

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    Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Insurance Cases Illuminate Business Interruption Disputes

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    A growing body of insurance case law provides that in instances of widespread destruction caused by natural disasters, policyholders are not required to prove their contingent business interruption losses on a supplier-by-supplier or customer-by-customer basis, but subtle differences in policy language can significantly impact coverage, say Barry Buchman and Greg Van Houten of Haynes and Boone.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • 2 Overlooked Areas Of DHS' New 'Public Charge' Rule

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    Two likely consequences of a recent U.S Department of Homeland Security rule that redefines “public charge” and elements of a presidential proclamation requiring many immigrants to show they have health insurance have received little attention but may have a significant effect on visa processing, says Jeffrey Gorsky of Berry Appleman.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Can Insureds Recover Atty Fees From Public-Private Insurers?

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    A recent string of flood insurance decisions from a Florida federal court have revived a decade-old argument over whether insureds can recover attorney fees when successfully suing private insurers partnered with the government, and may increase financial pressure on the struggling National Flood Insurance Program, says Alexander Cogbill of Zelle.

  • 3 Key Changes In New Insurance Arbitration Rules

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    Last month, the AIDA Reinsurance and Insurance Arbitration Society released new rules intended to improve the insurance arbitration process by expanding the pool of potential arbitrators, improving predictability and reducing wait time, says Peter Halprin of Pasich.

  • Calif. Funds Wildfire Liabilities Without Punishing Ratepayers

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    A recently enacted California law that sets aside $21 billion to cover future wildfire damage claims and incentivizes safer electric utility infrastructure represents a successful attempt to balance competing interests, while putting wildfire claims funding on a firmer footing, says Allan Marks of Milbank.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.