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.
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Thursday, February 27, 2020 Follow Insurance Law360


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.

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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.

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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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Solutions To 4 Common Law Firm Diversity Challenges

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.

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GCs Hungrier Than Ever For Outside Counsel Data

In-house attorneys at Microsoft Corp. often ask each other for outside counsel recommendations, but soon enough, they’ll be able to review which lawyers to consider — or steer clear of — with a few clicks of a button.

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Fed. Judge's Misconduct A 'Shock' To Kansas Colleagues

A Kansas federal judge told lawmakers Wednesday that revelations about a colleague's pervasive sexual harassment of employees and affair with a felon were "an absolute shock" to other judges in the district.

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Ginsburg Outpacing Colleagues In Opinion-Writing This Term

Despite some recent health scares, U.S. Supreme Court Justice Ruth Bader Ginsburg is showing no signs of slowing down. The 86-year-old jurist has written more opinions than any of her colleagues in argued cases so far this term, including every single dissent.

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Cellino & Barnes Feud Sparks Bias Suit From Girlfriend

Amid the breakup of New York personal injury firm Cellino & Barnes, one of its attorneys is now accusing partner Ross M. Cellino Jr. of cheating her out of a share of a landmark settlement based on her romantic relationship with Stephen E. Barnes.

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Oasis Founder Drops Bid To Revive Kirkland, Littler Suit

A founder of litigation funder Oasis Financial has withdrawn a bid to revive a lawsuit claiming Kirkland & Ellis LLP and Littler Mendelson PC steered Oasis' private equity sale using fraudulent transaction documents, while improperly keeping its minority co-owners out of the loop until the sale was final.

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Trump Taps Judges For Trial Courts In Ohio, Wis.

President Donald Trump on Wednesday selected federal magistrate, bankruptcy and state court judges for lifetime appointments to U.S. district court seats in Ohio and Wisconsin, continuing his efforts to reshape the judiciary at the trial court level.

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Pa. Bar Groups Decry Court Attacks After Trump Recusal Call

After President Donald Trump called for U.S. Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg to recuse themselves in "all Trump or Trump-related matters," both the Pennsylvania and Philadelphia bar associations issued statements Wednesday decrying what one called "unwarranted attacks" on the judiciary.

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NY Courts To Drop Bar Applicant Questions On Mental Health

In her annual “state of the judiciary” address, New York’s chief judge on Wednesday said the courts would drop a bar applicant question about their mental health and treatment.

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Opioid Judge Rips Pharmacies' 'Ironic' Push To Halt Discovery

The Ohio federal judge overseeing multidistrict litigation over the opioid crisis told the Sixth Circuit that pharmacies looking to block nationwide discovery are contradicting themselves by raising privacy concerns when they've tried to pry sensitive health data from plaintiffs in the past.

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Michael Best Gobbles Austin Firm To Boost Startup Muscle

In a move to expand its startup and emerging company offerings in Austin, Texas, Michael Best & Friedrich has acquired local boutique RWR Legal, bringing on three corporate and securities lawyers.

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Fla. Law Firm Wants Unpaid Fees From Litigious Porn Studio

A Florida law firm is demanding nearly $300,000 in allegedly unpaid legal fees from a pornography studio that has filed thousands of copyright lawsuits against internet downloaders, according to a filing made Wednesday in West Palm Beach federal court.

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Ex-Bryan Cave Partner Joins Crypto Co. Bitstamp As CLO

A former U.S. attorney in Pennsylvania and onetime Bryan Cave Leighton Paisner LLP partner joined cryptocurrency trading platform Bitstamp as its chief legal officer, the company said in a release Wednesday.

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Law Firm Leaders: Porter Hedges' Robert Reedy

Robert Reedy has served as managing partner of Houston-based Porter Hedges for the last decade and plans to step down when his term ends in 2024. Here, Reedy chats with Law360 about succession planning, his goals for his final four years as managing partner, and the perks of being a law firm in Texas.

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Twitter Inc.

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