• May 22, 2015

    Fla. Court Reverses Geico Loss, Punts On Estoppel Question

    A Florida appeals court on Friday agreed with Geico that a reversal in one denial-of-coverage suit over car accident injuries required the reversal of a “wait and see” case involving the same accident and the same policy, but it didn’t rule on the insurer’s request to relitigate without collateral estoppel.

  • May 22, 2015

    Faulty Work Precedent Applies Retroactively: W.Va. High Court

    The West Virginia Supreme Court has ruled its precedential holding that liability policies may cover defective construction can be applied retroactively, dealing Nationwide Mutual Insurance Co. a blow in a dispute over coverage for losses stemming from the collapse of an access road.

  • May 22, 2015

    Pa. Dems Back State's Intervention In Highmark, UPMC Row

    Democrat leaders of the Pennsylvania General Assembly fired off an amicus brief on Friday supporting the state’s bid to force the University of Pittsburgh Medical Center to reverse its decision ending a series of Medicare Advantage contracts between its hospitals and rival insurer Highmark Inc.

  • May 22, 2015

    Insurer Says Defective Jeep Caused Massive Calif. Wildfire

    An insurance company sued Chrysler Group LLC on Thursday in federal court, alleging that the automaker caused a massive California wildfire that consumed 7,000 acres and destroyed 122 homes by failing to recall an allegedly defective Jeep Wrangler that it claims sparked the blaze.

  • May 21, 2015

    Ala. Court Tells Judges To Allow Same-Sex Marriage Statewide

    An Alabama federal judge on Thursday ruled that probate judges throughout the state must issue marriage licenses to same-sex couples, although she stayed the preliminary injunction while the U.S. Supreme Court considers the issue.

  • May 21, 2015

    Amerigroup Wins End To 'Toxic' Ties With NJ Care Provider

    Amerigroup New Jersey Inc. can terminate its contract with a home health care company whose workers were accused of a Medicaid scam, a New Jersey judge ruled Monday, saying the insurer fulfilled its notice requirements and that letting Confident Care Corp. keep the contract would facilitate a “clearly toxic, broken relationship.”

  • May 21, 2015

    Sears Wants Out Of Insurer Suit Over Electrolux Dryer Fire

    Sears Holdings Corp. on Thursday urged an Illinois federal judge to free it from an insurance company's lawsuit over losses from a house fire allegedly caused by a defective Electrolux Home Products Inc. dryer, arguing that, as the seller of the appliance, it can't be held strictly liable in connection with the incident.

  • May 21, 2015

    Ex-Mutual Benefits Atty Can't Get Retrial For Juror Mix-Up

    The former Mutual Benefits Corp. outside counsel sentenced to 10 years imprisonment and ordered to pay $827 million in joint restitution for a massive insurance investment scam, lost his bid for a new trial Thursday when a Florida federal judge found no grounds for allegations of juror misconduct.

  • May 21, 2015

    CMS Offers $1B For Fla.'s Low-Income Health Care Funding

    The federal government preliminarily agreed Thursday to send Florida $1 billion in health care funding for low-income residents in the coming year, but advised against the state relying on the funding as a substitute for Medicaid expansion.

  • May 21, 2015

    Wal-Mart Can't Escape Vision Payment Class Action

    An Arkansas federal judge on Thursday refused to dismiss a proposed class action accusing Wal-Mart Stores Inc. of overcharging customers in its vision center, then pocketing payments from their insurance companies, despite Wal-Mart’s alleged offer of full relief to the plaintiffs.

  • May 21, 2015

    Calif. High Court Won't Review Beef Recall Coverage Denial

    The California Supreme Court on Thursday declined to review a lower court's ruling that frozen food producer Windsor Food Quality Co. Ltd. cannot claim coverage under an insurance policy issued by Underwriters of Lloyds of London for $3 million in losses tied to a recall of a supplier's ground beef.

  • May 21, 2015

    NY Court Denies Atty Quick Win In Liberty Coverage Fight

    A New York appeals court affirmed Thursday that an attorney tried too soon to win summary judgment in his lawsuit against Liberty Insurance Underwriters Inc. over coverage for defending legal malpractice counterclaims in an underlying contract dispute, saying further discovery is needed to determine whether policy exclusions apply.

  • May 21, 2015

    Chicago Title Can't Ax Golf Course Investors' Suit In Appeal

    A New York appeals court upheld a lower court's ruling against Chicago Title Insurance Co. on Thursday in a suit by investors who want the insurer to cover damages from an allegedly undisclosed limitation on building housing around a golf course.

  • May 21, 2015

    4 Issues To Watch As 21st Century Cures Act Advances

    Thursday's 51-0 vote to advance the 21st Century Cures Act to the full U.S. House of Representatives was an important milestone for a fast-evolving bill with big implications for drug and device makers, health insurers, doctors and hospitals. Here's a look at the latest changes and wild cards to watch.

  • May 21, 2015

    5 Insurance Battlegrounds To Watch In Florida

    The Florida Supreme Court will soon consider how to determine insurance coverage if a policyholder suffers a loss concurrently from both covered and excluded causes, while courts statewide grapple with bad faith lawsuits against insurers. Here, attorneys discuss five issues to keep an eye on in the Sunshine State.

  • May 21, 2015

    8th Circ. Won't Split Coverage Of Lost Supermarket Income

    The Eighth Circuit affirmed Thursday that Security National Insurance Co. Inc. alone is on the hook for a supermarket’s lost income following a fire, rejecting an attempt by the insurer and the store owner to hold West Bend Mutual Insurance Co. partly accountable.

  • May 21, 2015

    Broad Chinese Investor Base Complicating Real Estate Deals

    As the pool of Chinese investors in U.S. real estate continues to expand to more and more non-real estate companies, deals involving such investors are becoming increasingly complex because many buyers with little real estate experience are making their first foray into the U.S. market, lawyers say.

  • May 21, 2015

    Life Partners Ch. 11 Trustee Alleges 'Wide-Ranging' Fraud

    The trustee monitoring the bankruptcy of Life Partners Holdings Inc. on Wednesday said the company engaged in a multiyear “wide-ranging” fraud in his emergency motion in Texas bankruptcy court to control the distribution of death benefits payable on the policies held by its customers.

  • May 20, 2015

    DC Circ. Won't Rehear Catholic Orgs' ACA Contraception Suits

    The D.C. Circuit on Wednesday refused to revive two suits by Catholic organizations claiming that an Affordable Care Act accommodation created for employers with religious objections to its contraception mandate was overly burdensome, although dissenting judges vehemently disagreed.

  • May 20, 2015

    First American Hit With $4.5M Ruling For Bahamas Title Error

    A Florida state jury on Tuesday returned a verdict awarding $4.45 million to a hotel developer in the Bahamas for damages it suffered as a result of First American Title Insurance Co.'s failure to catch title defects that crippled part of its plans.

Expert Analysis

  • Smart Grids Require Smarter Utilities: Preventing Breaches

    Jeremy Susac

    Although programmable, Wi-Fi-enabled thermostats may significantly reduce energy costs, they may inadvertently increase utilities’ exposure to liability and lawsuits by creating a vulnerability that leads to a data breach. Utilities should take steps to mitigate their risk through a Prevent Energy Breach And Liability Agreement or a cyber captive insurance program, say Jeremy Susac and Steven Weber of Berger Singerman LLP.

  • The NJ High Court Case That Could Recast NJ Insurance Law

    William F. Stewart

    Although the New Jersey Supreme Court made no new law on substantive coverage issues in Occhifinto v. Olivo Construction Co., a colorable argument can be made that Occhifinto is the most important New Jersey insurance case in more than a decade. The court’s procedural holdings are likely to impact if, how, when, by whom and where, coverage cases are litigated, says William Stewart of Stewart Bernsteil Rebar Smith.

  • Why More Restaurants Should Purchase Cyberinsurance

    J. Wylie Donald

    P.F. Chang’s China Bistro, the Dairy Queen and Jimmy John’s are just a few of the restaurants that have fallen victim to hackers. However, Marsh reports that only 26 percent of its hospitality and gaming clients purchased standalone cyberinsurance in 2014. One reason for this may be that cyberinsurance is one of the more confusing lines of coverage to navigate, say J. Wylie Donald and Jennifer Black Strutt of McCarter & English LLP.

  • 5 Tips To Up Insurance Cost Recovery In Foreclosure Actions

    Micah Skidmore

    While the worst of the housing crisis may be over, a significant number of existing foreclosures remain and new foreclosures continue apace. For those mortgagees seeking coverage for the cost of defending borrower counterclaims in judicial foreclosure actions, here are five tips to maximize recovery from lender title insurance, says Micah Skidmore of Haynes & Boone LLP.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Calif. Supreme Court Should Overturn Henkel In Fluor Ruling

    Kurt Melchior

    The California Supreme Court should overturn its ruling in Henkel Corp. v. Hartford Accident and Indemnity Co. when it decides the forthcoming insurance policy transfer rights case, Fluor Corp. v. Superior Court of Orange County, says Kurt Melchior of Nossaman LLP.

  • 5 Takeaways From The First Cyberinsurance Case

    Roberta Anderson

    Travelers Property Casualty Company of America v. Federal Recovery Services Inc., which is being widely celebrated as one of the first coverage rulings involving a cyberinsurance policy, does not actually involve specific cyber coverage issues. Nonetheless, it carries some important takeaways for insureds, insurers and many other interested spectators, says Roberta Anderson of K&L Gates LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • FCA Threats Are Likely Greatest Outside The Fortune 100

    Joseph D. Jean

    While very large settlements involving Fortune 100 companies grab the most headlines, they tend to draw attention away from the significant number of False Claims Act suits brought against private and middle-market companies. Even though these smaller amounts are not nearly as eye-popping, they could represent a greater financial risk on a relative basis, say Jeffrey Kiburtz and Joseph Jean of Pillsbury Winthrop Shaw Pittman LLP.

  • Killing A Mocking Burd And Other NJ Duty To Defend Issues

    Michael D. Lichtenstein

    Since the Supreme Court of New Jersey’s 1970 decision in Burd v. Sussex Mutual Insurance Co., insurers have steadily eroded their duty to defend obligation under commercial general liability policies to a far less valuable duty to reimburse. Until this issue gets back to the New Jersey Supreme Court, Burd will remain an albatross around the collective necks of New Jersey insureds, say Michael Lichtenstein and Craig Dashiell of Lowe... (continued)