Insurance

  • December 13, 2019

    Insurer Seeks To Duck $4.9M Claim Over 'Incompetent' Atty

    An insurance company has renewed its bid for a California federal court to toss allegations that it failed to adequately defend a claims handler by appointing an inexperienced and incompetent lawyer to handle an underlying case involving a car crash, arguing that the handler is relying on hindsight to assert that it should get $4.9 million because the matter was purportedly botched.

  • December 13, 2019

    Medicare Plans Try To Revive Suits Against Primary Insurers

    Attorneys for Medicare Advantage plans urged the Eleventh Circuit on Friday to reverse decisions dismissing several class action suits against primary insurers, arguing that they have standing to sue under the Medicare Secondary Payer Act.

  • December 13, 2019

    Feds Press For Massive $306M Restitution In Insys Exec Trial

    Seven former Insys Therapeutics Inc. executives who were either convicted or copped a plea in connection with an opioid kickback scheme should be on the hook for more than $300 million in restitution to defrauded insurance companies and a handful of patients, the government said Friday.

  • December 13, 2019

    Texas Justices Will Mull 'Intention' In Trucker Death Case

    The Texas Supreme Court will review a finding that a trucking company can be taken to court over an employee's death based on an “intentional act” exception to a rule that normally restricts the surviving family’s remedies to the workers’ compensation system, the court said Friday, after previously rejecting the case.

  • December 13, 2019

    High Court Told 9th Circ. ERISA Ruling 'Creates Disorder'

    A Hawaii insurer wants the U.S. Supreme Court to hear its challenge to a Ninth Circuit decision that kept it from taking a cut of a settlement paid to a motorcycle crash victim, saying the ruling conflicts with high court precedent and adds confusion to an already-complicated legal area.

  • December 13, 2019

    Texas Justices Take Up Air Ambulance Reimbursement Fight

    The Texas Supreme Court on Friday agreed to hear a dispute that asks it to determine whether the Airline Deregulation Act of 1978 preempts state laws governing how much an air carrier can charge for emergency medical transports of injured workers.

  • December 13, 2019

    Grocer Says Opioid Defense Is 'Loss' Covered By Insurance

    Giant Eagle Inc. told a Pennsylvania federal court Thursday that the millions it's spent defending against lawsuits accusing its pharmacies of contributing to the opioid epidemic should meet the definition of "loss" caused by "bodily injury" and trigger a pair of umbrella insurance policies.

  • December 13, 2019

    Chinese Fintech, US Social Media Co. Nab $462M Total In IPOs

    Chinese fintech company OneConnect and U.S. social media management business Sprout Social each began trading publicly on Friday after raising $312 million and $150 million, respectively, in initial public offerings that took place Thursday.

  • December 13, 2019

    7th Circ. Won't Rehear Seyfarth Tax Shelter RICO Suit

    The Seventh Circuit has declined to review its decision that an insurance executive failed to prove racketeering claims against Seyfarth Shaw LLP for selling bad tax advice.

  • December 13, 2019

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

    The past week in London has seen fruit producers team up with their insurers to sue Swiss shipping giant MSC Mediterranean, a £1.5 billion penthouse dispute involving the former emir of Qatar spill over into a libel fight, and lenders like NatWest, HSBC and American Express get roped into a product liability case involving eye care specialists. Here, Law360 looks at those and other new claims in the U.K.

  • December 12, 2019

    Hotelier Seeks $28M Deal Outside LeClairRyan's Ch. 7

    A Virginia hotel operator and former LeClairRyan PLLC client wants out of the automatic stay in the defunct firm's bankruptcy proceedings so it can go after LeClairRyan for $28 million and resolve a malpractice suit lodged before the bankruptcy, according to a motion filed Thursday.

  • December 12, 2019

    Insurer Says Title Fee Suit Belongs In Federal Court

    First American Title Insurance Co. on Thursday asked to remove to federal court a proposed class action accusing it of improperly charging real estate buyers closing fees, saying the Middle District of Florida has jurisdiction under the Class Action Fairness Act.

  • December 12, 2019

    Candy Maker Coverage Bid Sours In Bitter Trade Secrets Suit

    An Illinois state appeals court has affirmed that two Liberty Mutual units have no duty to defend Ferrara Candy Co. in a suit accusing it of stealing a former business partner's formulas for Welch's Fruit Snacks and Sour Jacks candies to make competing products, while also finding that the insurer can recover defense costs it previously paid on Ferrara's behalf.

  • December 12, 2019

    Deals Rumor Mill: Google, Caser Seguros, Versant Health

    The DOJ will investigate potential antitrust concerns related to Google’s $2.1 billion deal for Fitbit, two suitors remain in the battle for €1 billion Spanish insurer Caser Seguros, and private equity firm Centerbridge is weighing a sale of Versant Health, which could be worth $2 billion, including debt. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • December 12, 2019

    Rite Aid Beats FCA Suit Over Alleged Billing Scheme

    A Michigan federal judge on Thursday pulled the plug on a pharmacist’s False Claims Act lawsuit claiming Rite Aid Corp. ran a scheme to defraud Medicare and other health care programs, finding his claims were too close to those already publicly disclosed by the time he sued.

  • December 12, 2019

    Calif. Mixed-Use Property Lands $50M Loan From Life Insurer

    A Southern California mixed-use property has landed $50 million in financing from a life insurance lender, according to an announcement Thursday from Jones Lang LaSalle Inc., which worked on the deal as the broker for the borrower.

  • December 12, 2019

    MVP: McKool Smith's Robin Cohen

    Robin Cohen of McKool Smith PC's insurance practice was lead counsel for Verizon Communications Inc. this year as the company beat back its insurers' motion to toss a suit seeking coverage for a $95 million underlying settlement, earning her a spot as one of Law360's 2019 Insurance MVPs.

  • December 12, 2019

    11th Circ. Affirms Insurer Not Liable In Nightclub Patron Death

    AIX Specialty Insurance Co. does not have to cover a Florida nightclub facing a negligence suit over a death at the hands of a driver who crashed her vehicle after a night of drinking at the club and killed a fellow patron, the Eleventh Circuit affirmed.

  • December 12, 2019

    10 Former NFL Players Charged In Medical Benefits Fraud

    Ten former NFL players including ex-Washington Redskins running back Clinton Portis have been indicted in Kentucky federal court on charges they defrauded an NFL health plan out of more than $3.4 million.

  • December 11, 2019

    Insurer Can't Limit Atty's Benefits Over Pre-Raise Heart Attack

    The Lincoln National Life Insurance Co. shorted an Illinois tax attorney by several thousand dollars in disability benefits per month by incorrectly determining that he became disabled when he had a heart attack the day before he received a raise, an Illinois federal judge has ruled.

  • December 11, 2019

    Food Co. Says Insurer Owes $3M To Cover Pollution Mitigation

    A Massachusetts food production company filed a nearly $3 million suit against its insurance company Wednesday, claiming the insurer should have paid up to cover mitigation costs from an accidental wastewater discharge.

  • December 11, 2019

    Insurer Says No Duty To Defend Aldi Over Trucker's Injuries

    A Nebraska insurance company asked an Illinois federal court Wednesday to declare it has no duty to defend Aldi in a lawsuit brought by a truck driver who alleged he was injured removing product pallets the grocery chain had packed.

  • December 11, 2019

    Momenta To Pay $35M To Exit Blood Clot Drug Antitrust Suit

    Momenta has agreed to pay $35 million to exit a class action brought by a group of drug buyers accusing the company and Sandoz of conspiring to monopolize the blood clot drug Lovenox and its generic version.

  • December 11, 2019

    MVP: Wargo French's Raymond J. Tittmann

    Wargo French LLP's Raymond J. Tittmann helped a subsidiary of The Home Depot negotiate a global settlement of thousands of claims brought by homeowners and their insurers over damage caused by allegedly defective toilet products, landing him on the list of Law360's 2019 Insurance MVPs.

  • December 11, 2019

    Former Lloyd's Boss Joins Board Of Clyde & Co.

    Former Lloyd’s of London chief executive Inga Beale will join the board of insurance law firm Clyde & Co. as an independent member, along with former Grant Thornton U.S. chief executive Stephen Chipman.

Expert Analysis

  • Reps And Warranties Insurance Earns Spot In M&A Toolkit

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    In this brief video, Eric Schwartzman at Cooley discusses what representation and warranty insurance is, when it’s used in M&A and private equity transactions, what it covers, what it doesn’t cover, and what it costs to put in place.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • US Strengthened And Expanded Economic Sanctions In 2019

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    Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers

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    The Illinois Supreme Court's ruling in Sanders v. Illinois Union resolves a split in state and federal decisions applying Illinois law on trigger of coverage in the context of wrongful incarceration, but courts will continue to grapple with the issue, say Benjamin Eggert and Karen Toto of Wiley Rein.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • 5 Tips For Maximizing Insurance Claims In A Hard Market

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    As policyholders experience increases in premiums, reduced capacity and more restrictive terms in all lines of insurance coverage, many are turning to new strategies to increase claims recovery, says Micah Skidmore of Haynes and Boone.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • Wash. Ruling Offers Key Safeguards For Additional Insureds

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    In T-Mobile USA Inc. v. Selective Insurance Company of America, the Supreme Court of Washington recently strengthened the protections for so-called additional insureds relying upon inaccurate certificates of insurance — a win for both policyholders and entities named as additional insureds on others' policies, say Catherine Doyle and Brian Scarbrough at Jenner & Block.

  • Urban Air Mobility Needs Policy Support To Achieve Liftoff

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    Urban air mobility — an on-demand air transportation service in metropolitan airspace — needs a sympathetic regulatory framework in which the emerging technology can develop, says James Jordan of Holman Fenwick.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • Life Settlements Industry Hot And Cold On New IRS Rules

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    Although the life settlements industry may welcome the Internal Revenue Service's final life insurance contract reporting regulations' new transitional timing and narrower reporting requirements, other aspects of the rules may disappoint, say Brian Casey and Thomas Sherman at Locke Lord.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Pretrial Defenses For Payors Facing Quasi-Contract Claims

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    As part of their business-collections strategy, noncontracted medical providers are increasingly using quasi-contract theories of recovery to sue payors. But before leaping to settlement, payors should consider the viability of certain defense strategies, say attorneys at Troutman Sanders.