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Insurance

  • June 19, 2019

    Insurance Cases To Watch In The Second Half Of 2019

    Courts around the country will have plenty of thorny insurance issues to chew on in the coming months, with Pennsylvania’s high court set to decide whether to reinstate a $21 million bad faith judgment against Nationwide and the Fifth Circuit primed to consider whether Chubb Ltd. is obligated to cover a $106 million judgment against its policyholder. Here, Law360 breaks down four key cases that insurance attorneys will be tracking in the second half of 2019.

  • June 19, 2019

    5th Circ. Breathes New Life Into Petrobras' Shoddy Chain Suit

    The Fifth Circuit on Tuesday revived Petrobras America’s suit against an offshore equipment maker over an allegedly defective chain used to support a floating oil and gas facility, saying the lower court departed from Louisiana precedent by nixing the $160 million claims.

  • June 19, 2019

    Drugged Driver Not Covered By Excess Policy, Ill. Panel Says

    An Illinois state appeals court ruled that an insurer doesn’t have to cover a rental car driver who killed a man while under the influence of drugs, reversing a lower court’s ruling that an intoxication exclusion from excess insurance policies is unenforceable as a matter of public policy.

  • June 19, 2019

    Chase Ducks Late Reinsurance Kickback Suit At 3rd Circ.

    JPMorgan Chase Bank NA has escaped a proposed class action alleging the company referred home buyers to mortgage insurers for kickbacks via reinsurance payments after the Third Circuit said Wednesday in a published opinion that borrowers filed their claims too late.

  • June 19, 2019

    2nd Judge Bows Out Of Plane Crash Suit

    A second Mississippi federal judge has recused herself from an insurance dispute stemming from the crash of a private plane, reassigning the case to two judges based in another federal court in the state, after previously determining in a related case that all the judges in the district personally know relatives of the parties.

  • June 19, 2019

    MetLife Investor Says Pension Scheme Cost More Than $200M

    A shareholder of MetLife Inc. accused the company's directors of breaching their fiduciary duties by allowing more than $500 million to be diverted away from its pension liability reserves after ineffective internal controls incorrectly determined thousands of pensioners were dead, incurring more than $200 million in regulatory penalties, according to a Delaware Chancery Court complaint made public Wednesday.

  • June 19, 2019

    Pa. Attorney Can't Dodge $500K Malpractice Verdict

    A Pennsylvania appeals court on Wednesday refused to throw out a $500,000 malpractice verdict against a Philadelphia-area attorney for offering up ultimately worthless insurance policies as collateral on a deal he brokered between two of his clients for the sale of a house.

  • June 19, 2019

    Colo. AG Deal Spares FTC 2-2 Split On UnitedHealth Merger

    The Federal Trade Commission nearly deadlocked Wednesday on a deal that cleared UnitedHealth Group health services subsidiary Optum’s $4.3 billion purchase of DaVita’s independent medical clinic operator, with the logjam cleared only because of a separate deal between the companies and Colorado’s attorney general.

  • June 19, 2019

    Chamber Fights 'Devastating' Association Health Plan Ruling

    The U.S. Chamber of Commerce has urged the D.C. Circuit to breathe new life into a Trump administration rule that made it easier for small businesses to join together to create health plans that aren't subject to certain Affordable Care Act requirements.

  • June 19, 2019

    2nd Circ. Lets Utility Off Hook For MTA's Injury Suit Legal Bill

    The Second Circuit said Wednesday that a utilities company doesn't need to repay Metro-North and the Metropolitan Transportation Authority for legal fees they incurred battling a Connecticut couple's suit blaming them for the husband's electrical burns and resultant partial leg amputations.

  • June 19, 2019

    Parking Tech Co. Says AIG Must Defend It In Privacy Row

    An AIG unit must cover a parking technology supplier’s defense in a proposed class action over customer receipts that allegedly revealed too many credit card digits because the company’s insurance policy included coverage for privacy and security breaches, according to a lawsuit filed Wednesday in Pennsylvania federal court.

  • June 19, 2019

    White Eagle Ch. 11 Plan, Lender Settlement Confirmed

    Saved from an apocalyptic court fight by a settlement with prepetition lenders, bankrupt life insurance investor White Eagle Asset Portfolio secured confirmation of its Delaware Chapter 11 plan on Wednesday, triggering a race to pay off a $382.7 million debt through refinancing or asset sales.

  • June 19, 2019

    Berkshire Unit Beats ERISA Suit Over 'Extremely Risky' Fund

    A Nebraska federal judge has tossed a proposed class action accusing a Berkshire Hathaway subsidiary of violating the Employee Retirement Income Security Act by keeping a risky mutual fund as a retirement plan investment option, concluding the company had adequately monitored the fund's performance.

  • June 18, 2019

    $10M School District Suit Must Be Arbitrated, Insurers Say

    Underwriters at Lloyd's of London and a group of insurers have removed to Texas federal court a lawsuit filed by a Galveston-area school district seeking up to $10 million for property damage caused by a 2017 storm, citing an underlying arbitration agreement.

  • June 18, 2019

    1st Circ. Says Insurer Should Cover Power Co. In Fraud Suit

    The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • June 18, 2019

    Engineer Looks To Scuttle Insurer's Sinking Tower Suit

    A New Jersey-based engineering and environmental consulting company told a California federal judge on Monday an insurer waited too long to bring its suit claiming the consulting company repeatedly failed to disclose that it knew San Francisco's Millennium Tower was sinking.

  • June 18, 2019

    Virgin Islands Univ. Stands By $40M Hurricane Insurance Row

    The University of the Virgin Islands has challenged Great Lakes Insurance SE UK's request for a quick win in litigation seeking coverage for $40 million in damage stemming from hurricanes Irma and Maria, saying the policy is ambiguous.

  • June 18, 2019

    Phyllis Schlafly's Org. Escapes Son's $3.4M Life Insurance Bid

    The son of the late Eagle Forum founder Phyllis Schlafly lost his bid for a $3.4 million death benefit for himself and the conservative think tank's members when a New Jersey federal court ruled Monday that the organization, not its members, is the only beneficiary of the right-wing firebrand's insurance policies.

  • June 18, 2019

    Feds Tell 2nd Circ. McDonnell Can't Save Skelos This Time

    Prosecutors urged the Second Circuit not to disturb the corruption convictions of former New York lawmaker Dean Skelos and his son Adam at a retrial last year, saying that unlike after their first trial, the U.S. Supreme Court's McDonnell ruling can't help them.

  • June 18, 2019

    AI, Blockchain Pose Regulatory Issues For Insurtech Firms

    The recent explosion in technological innovations designed to streamline the insurance business has raised a host of questions for carriers, including whether they can use artificial intelligence and blockchain in their underwriting and claims handling processes. Here, Law360 looks at three emerging types of insurance technology and the regulatory questions they raise.

  • June 18, 2019

    The Biggest Insurance Decisions Of 2019: Midyear Report

    The Texas Supreme Court’s decision that common energy policy language doesn’t bar Anadarko Petroleum Corp.’s claim for $100 million in Deepwater Horizon defense costs and a Georgia high court ruling that raised the bar for insurer bad faith claims have been among the highlights of 2019 in insurance law. Here, Law360 looks at five key insurance opinions from the first half of the year.

  • June 17, 2019

    NJ Law Firm Influenced Tax Breaks For Clients, Report Says

    New Jersey law firm Parker McCay PA helped author legislation that paved the way for millions in tax breaks for clients such as the insurance brokerage owned by political powerbroker George E. Norcross III, according to a Gov. Phil Murphy-commissioned report released Monday just moments after a judge refused to block it.

  • June 17, 2019

    Pa. 'Fountain Of Youth' Doc Convicted In $13M Billing Scheme

    A Pittsburgh federal jury convicted a cardiologist Friday on two fraud counts linked to some $13 million in alleged fraudulent insurance billings for an angina treatment that he expanded to a nonangina patient pool and advertised as a "fountain of youth."

  • June 17, 2019

    UPMC Used Nonprofit Funds On For-Profit Biz, Insurer Says

    An insurance company said the University of Pittsburgh Medical Center was violating Pennsylvania law by using its nonprofit health care division to strong-arm employers into subscribing to its for-profit insurance subsidiaries, according to a complaint filed Friday with the Pennsylvania Department of State.

  • June 17, 2019

    Chocolatier Presses Judge For $49M Sandy Coverage Claim

    Madelaine Chocolate Novelties Inc. on Monday urged a New York federal judge to find it is due an additional $49 million in coverage from a unit of insurer Chubb Ltd. for property damage and business interruption losses caused by Superstorm Sandy, saying an ambiguity in the policy tilts the case in the chocolatier's favor.

Expert Analysis

  • Financial Services Regulation For Fintech Companies: Part 2

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    In the second part of this series on regulatory challenges faced by fintech innovators, Nathan Greene and Justin Reda of Shearman & Sterling caution entrepreneurs in the financial space to be aware of when their products could be categorized as securities, and of the many regulatory obligations that can arise as a result.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Financial Services Regulation For Fintech Companies: Part 1

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    Firms in the U.S. financial sector are surrounded by a virtual moat of complex regulations, mandatory disclosures and compliance infrastructure. Nathan Greene and Justin Reda of Shearman & Sterling offer an overview of the regulatory context — and some of the crocodiles lurking in that moat — for fintech entrepreneurs entering the sector.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • Insurers Must Prepare For 2 Possible Cyber Disasters

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    Due to the massive scale on which contagious malware and cloud vulnerabilities could cause damage, insurers must develop ways to quantify losses from cyberattacks, predict future losses and address aggregation risk, say directors at Ankura Consulting.

  • Opinion

    Calif. 'Surprise Billing' Law Could Jeopardize Access To Care

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    Currently pending legislation in California, aiming to prevent patients from receiving surprise bills from out-of-network hospitals, could jeopardize the financial viability of hospitals while benefiting insurance companies that are already very profitable, say Daron Tooch of King & Spalding and Chris Fritz and Michael Heil of HealthWorks.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Insuring The Ever-Growing Cannabis Industry: Part 2

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    By legalizing hemp, the Farm Bill has legitimized a portion of the cannabis space, but it has also created fertile ground for new liability exposures, which create significant opportunities for insurers to enter the cannabis market, say Jodi Green and Patricia Daza-Luu of Nicolaides Fink.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • 5th Circ. Insights On Wrongful Conviction Insurance Coverage

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    In Travelers v. Mitchell, the Fifth Circuit recently grappled with issues concerning trigger of insurance coverage for wrongful convictions that will likely continue to be tested in courts nationwide, but its decision notably relied on a discussion of trigger that is not aligned with most courts, say Ben Eggert and Karen Toto of Wiley Rein.

  • When Experts Are Effective In Insurance Coverage Litigation

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    Jonathan Kuller and Ashlyn Capote of Goldberg Segalla analyze persuasive use of expert testimony in insurance coverage cases, employing one of their cases as an example.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Why Association Health Plans Are Still A Great Idea

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    Notwithstanding a recent federal court decision undercutting the U.S. Department of Labor’s association health plan rules, as well as constitutional challenges to the Affordable Care Act that may affect the legality of some plans, employer groups should consider forming AHPs, says Jewell Esposito of FisherBroyles.