Insurance

  • July 27, 2016

    Ex-Kirkland Atty Faces Retrial In Insurance Disability Row

    Standard Insurance Co. successfully appealed a lower court’s ruling that it must pay long-term disability benefits to a former Kirkland Ellis LLP partner, as the Seventh Circuit on Wednesday ordered a new trial due to mistakes made by the district court.

  • July 27, 2016

    Sedgwick Partner Sues Firm Over Gender Discrimination

    A nonequity partner at Sedgwick LLP filed a proposed class action against the firm on Tuesday, accusing the firm of gender-based discrimination and alleging the firm's all-male leadership team denied her and other women attorneys equal pay and promotions.

  • July 27, 2016

    Receiver Fights Reduced Judgment In Funeral Scam Suit

    The receiver for three defunct companies that conducted a $474 million Ponzi-like scheme involving prepaid funeral services asked the Eighth Circuit on Monday to reverse a trial court decision that reduced a jury verdict in the case by $100 million.

  • July 27, 2016

    Firms Can Garnish Money From Ex-Co-Counsel In Fee Dispute

    A Florida appeals court on Wednesday affirmed an order to garnish money from a father-son law firm to pay for a $2 million judgment held by former co-counsel cut out of a secret $14.5 million settlement with an insurer.

  • July 27, 2016

    Anthem's New Merger Defenses Won't Rattle DOJ

    Anthem is previewing its counterattack against the DOJ’s challenge to a proposed merger with Cigna, but observers on Wednesday were skeptical of the insurance giant’s claims about cost savings and stronger competition.

  • July 27, 2016

    Insurer Can't Blame Roofs For Hurricane Loss, 11th Circ. Told

    A construction contractor urged the Eleventh Circuit on Wednesday to overturn a ruling that Crum & Forster Specialty Insurance Co. doesn't have to defend it in a $2.5 million lawsuit over Hurricane Wilma damage to condominiums, saying the insurer can't escape coverage by focusing solely on the condos' damaged roofs.

  • July 27, 2016

    Mega-Merger Reviews Show DOJ Obstinance On Remedies

    The U.S. Department of Justice last week announced its decisions in three of the most-watched merger review cases in recent memory, and the outcomes show the administration will remain adamant in rejecting merger remedies that do not preserve the competitive status quo in a market, experts said.

  • July 27, 2016

    NJ High Court Says Insurance Payback Law Isn't Retroactive

    The New Jersey Supreme Court ruled Wednesday that a state insurance law amendment limiting when a personal injury protection provider can be reimbursed by a policy holder’s other insurer can’t be applied to an insurance claim filed prior to the amendment’s enactment.

  • July 27, 2016

    Barnes & Thornburg Adds Insurance Trio From Anderson Kill

    Barnes & Thornburg LLP picked up a team of former Anderson Kill PC insurance lawyers, including the firm’s former co-managing shareholder, in Los Angeles and Dallas, bolstering its capability to handle insurance disputes for clients in the financial services, health care, technology, hospitality and automotive industries.

  • July 27, 2016

    Key UK Panel Rips Financial Conduct Authority After Audit

    Incompetence and basic failings at the senior management level have hampered the U.K. financial regulator's ability to supervise big banks, lawmakers said Wednesday after the publication of internal audit reports.

  • July 27, 2016

    Cigna To Expand ACA Marketplace Presence In Ill., NC, Va.

    Cigna Corp. on Wednesday said it has applied to participate in the Affordable Care Act-created marketplaces in Illinois, North Carolina and Virginia in 2017.

  • July 27, 2016

    Ex-NFLer Asks For Atty Fees After Disability Win

    A former National Football League linebacker who won total and permanent disability benefits earlier this year asked a Maryland court to make the league’s benefit plans pay his legal costs, saying his case meets the Fourth Circuit's merit test and his attorneys’ fees are reasonable.

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    State Farm, Others Should Face Antitrust Suit, 11th Circ. Told

    A group of Mississippi auto body shops urged the Eleventh Circuit on Monday to revive their claims that State Farm and other insurers conspired to manipulate car repair costs, asserting that a lower court either ignored or misconstrued the factual allegations in their complaint.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    Insurer Says Defective Concrete Suit Doesn't Trigger Policies

    Old Republic General Insurance Co. asked a federal court Monday to rule that it does not have to defend a Florida building company in a pending lawsuit over defective concrete it provided for a project, saying the policies it issued clearly exclude the client's claims.

  • July 26, 2016

    Firm Wants $64M Dickstein Malpractice Row In State Court

    The firm tapped by a beachwear company to collect a $64 million malpractice judgment against a former Dickstein Shapiro LLP partner urged a California federal judge on Monday to send its case seeking to compel Lloyd’s of London to cover the judgment back to state court.

  • July 26, 2016

    Insurer Asks Pa. Judge To Nix Building Collapse Coverage

    An insurance company has urged a Pennsylvania judge to void coverage for an amateur demolition contractor implicated in a fatal 2013 building collapse in Philadelphia, arguing the contractor obtained the policy only through fraud.

  • July 26, 2016

    Allstate Sued Over Car Crash Victims' Unpaid Medical Bills

    Allstate is being sued over allegations that it unlawfully refused to pay the medical bills of auto policyholders involved in car accidents unless they agreed to undergo physical examinations, according to a proposed class action removed to Pennsylvania federal court Tuesday.

Expert Analysis

  • Reps & Warranties Insurance From A Compliance Perspective

    Kim Nemirow

    The decision of whether and how aggressively to pursue representations and warranties insurance for compliance risks — such as corruption, money laundering and sanctions issues — is not easy. Sharing diligence findings with potential insurers can prove tricky in the compliance context, as portions of this diligence are often conducted pursuant to legal privilege, say attorneys with Ropes & Gray LLP.

  • OPINION: Our Juries Are Being Circumvented

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    The Freddie Gray case and a recent U.S. Supreme Court decision demonstrate how the government replaces juries, removing the jury as an important decision maker in the community and as a check on governmental power — roles that are especially important in these times, says Professor Suja A. Thomas of the University of Illinois College of Law.

  • Prior And Pending Clauses Don't Undercut Interrelated Claims

    Kevin M. LaCroix

    A recent Florida district court opinion sensibly and correctly rejected the argument that an insurance policy’s related claim provision conflicted with the policy’s prior and pending litigation provision, and therefore should be construed against the insurer, says Kevin M. LaCroix at RT ProExec.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Contra Proferentem Doesn't Always Mean 'Against The Insurer'

    Paul Sullivan

    It makes little sense to apply the doctrine of contra proferentem to insurers where the contract language at issue has been agreed to by sophisticated parties, and it makes no sense at all to apply the doctrine to contract language drafted by a broker working on behalf of an insured, say Paul Sullivan and Jeffrey Gordon at Zelle LLP.

  • NY High Court's Ambac Decision Causes Litigation Confusion

    Savvas A. Foukas

    The New York Court of Appeals' recent decision in Ambac Assurance v. Countrywide Home Loans — limiting the common interest privilege — conflicts with the law of many other jurisdictions and creates significant uncertainties for commercial actors in subsequent litigation, say attorneys at Hughes Hubbard & Reed LLP.

  • REBUTTAL: NY Joins Everyone Else On Insurance Allocation

    John P. Winsbro

    Timothy Kevane’s recent Law360 guest article depicting the New York Court of Appeals' decision in Viking Pump as a “break” with an alleged nationwide “trend” toward pro rata allocation is totally at odds with the real trend of decisions finding noncumulation provisions incompatible with pro rata allocation, say John Winsbro and Elizabeth Sherwin at McKool Smith PC.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.