• January 23, 2015

    Ala. Federal Judge Strikes Down Same-Sex Marriage Ban

    An Alabama federal judge on Friday struck down the state’s bans on same-sex marriage a week after the U.S. Supreme Court agreed to decide whether such bans were unconstitutional, making Alabama the 37th state to allow same-sex marriage.

  • January 23, 2015

    Visteon's Bid For $8M Pollution Coverage Axed By 7th Circ.

    The Seventh Circuit refused on Friday to order National Union Fire Insurance Co. of Pittsburgh to cover auto parts supplier Visteon Corp. for $8 million in cleanup and litigation costs over pollution from an Indiana plant, saying a key carveout from the pollution exclusion does not apply.

  • January 23, 2015

    Insurer Off Hook For Suits Claiming Supplement Is Like Meth

    General Star Indemnity Co. doesn't have to defend or indemnify supplement maker Driven Sports Inc. in several suits alleging one of DS' products contains an illegal methamphetamine-like substance, a New York federal judge ruled Friday, saying all the claims in the underlying actions fall squarely within a policy exclusion.

  • January 23, 2015

    2nd Pa. Atty Disbarred Over Role In Annuities Scheme

    The Pennsylvania Supreme Court on Friday disbarred a second attorney involved in a scheme to aggressively market living trusts to senior citizens using nonattorneys, who allegedly sold the legal services based on exaggerations and misrepresentations.

  • January 23, 2015

    Shutts & Bowen Adds Construction, Insurance Pro In Miami

    Shutts & Bowen LLP announced Friday that it has added Michael Jay Rune II as a partner in its Miami office, where he will handle construction and insurance work.

  • January 23, 2015

    FDIC Can Recover Up To $15.2M From Integra's Insurer

    An Indiana federal judge said Thursday that the Federal Deposit Insurance Corp., as receiver for Integra Bank NA, can recover up to $15.2 million from Fidelity and Deposit Co. of Maryland in a suit seeking coverage for losses from loans to Ponzi schemer Lou Pearlman.

  • January 23, 2015

    KeyBank Loan Tampering Intent Is Key To Coverage: NY Court

    A New York appeals court said Thursday that it wasn’t clear whether KeyBank NA could seek coverage under a fidelity bond issued by National Union Fire Insurance Co. of Pittsburgh, Pa., for losses after a KeyBank employee mishandled a $20 million loan to a developer, because questions remained as to the employee’s intent.

  • January 23, 2015

    Feds Start To Curtail Info Sharing

    The federal body responsible for overseeing has reduced the amount of private user information it is sharing with third-party marketers, including Google Inc., Twitter Inc. and YouTube LLC, according to Friday news reports, even though it defended the practices following the release of a scathing report this week.

  • January 23, 2015

    Mintz Levin Snatches NY Partner From Troubled Nelson Brown

    Ailing Pennsylvania-based insurance boutique Nelson Brown & Co. lost a New York partner to Mintz Levin Cohn Ferris Glovsky & Popeo PC on Friday, adding to a substantial list of departures this month including four other Empire State partners, a vice president and its chief operations and strategic officer.

  • January 23, 2015

    Lawmaker Questions IRS Use Of Contractor

    A key member of the House Ways & Means Committee wants the Internal Revenue Service to explain why it recently inked a $4.46 million contract with the contractor that was fired for allegedly mishandling the rollout of the website, according to a letter released Friday.

  • January 23, 2015

    Chinese Co. Pays Deutsche $490M For London's Tower Place

    Chinese insurance and financial services firm Ping An Insurance Co. of China Ltd. has dropped £327 million ($490 million) to buy London’s Tower Place office and retail complex from a fund of Deutsche Bank AG’s asset and wealth management division, the bank announced Thursday.

  • January 23, 2015

    Former HHS Deputy GC Departs For Hogan Lovells

    Hogan Lovells has hired a former deputy general counsel for the U.S. Department of Health and Human Services who worked with the Obama administration’s health care reform team and helped defend the Affordable Care Act at the U.S. Supreme Court to serve as partner in its Washington, D.C., office, the firm said Tuesday.

  • January 23, 2015

    Kaiser Hit With Suit Over Doctor's Alleged Sexual Assaults

    Kaiser Permanente is under fire from three former health plan participants who allege in a putative class action filed in California state court Thursday that they were sexually harassed by a former doctor working out of a Kaiser facility.

  • January 23, 2015

    McMillin's Construction Defect Coverage Suit Revived

    A California appeals court on Thursday revived McMillin Companies LLC's suit against American Safety Indemnity Co. over coverage for construction defect litigation by reversing a lower court ruling that left McMillin without evidence of damages, while finding that ASIC should be allowed to present evidence disputing its alleged duty to defend.

  • January 23, 2015

    Whistleblower Says Health Fraud Convictions Seal FCA Claims

    The whistleblower in a Medicare billing False Claims Act suit against two principals of a hyperbaric oxygen therapy provider asked a Texas federal judge Thursday to grant her partial summary judgment, arguing the defendants’ related convictions for health care fraud estop them from denying her allegations.

  • January 23, 2015

    Ill. Court's Duty-To-Defend Ruling Boosts Policyholders

    An Illinois appeals court's recent ruling that three insurers must defend Illinois Tool Works Inc. in thousands of toxic tort suits even if the underlying claims are unfounded clarifies duty-to-defend standards under state law and gives policyholders an edge in seeking coverage for suits containing vague and ambiguous allegations, experts say.

  • January 22, 2015

    Gov't Fires Back In ACA Subsidies Case At High Court

    The Obama administration late Wednesday delivered a highly anticipated rebuttal in a U.S. Supreme Court case over Affordable Care Act tax credits, arguing that challengers are subverting state sovereignty and the rule of law by trying to curtail consumer subsidies.

  • January 22, 2015

    TruAmerica, Allstate Ink $482M Deal For Calif. Portfolio

    Nine law firms have helped seal a $482 million purchase of 14 Southern California residential properties by a TruAmerica Multifamily venture, the largest Southern California multifamily deal in almost two decades and one of the largest ever in the region, TruAmerica said Wednesday.

  • January 22, 2015

    Whistleblower In Humana FCA Suit Fights Sanctions Bid

    A whistleblower accusing Humana Inc. of Medicare Advantage fraud in a False Claims Act suit urged a Florida federal judge on Thursday to toss the "heavy-handed" motion for sanctions brought by co-defendant Plaza Medical Centers Corp., saying the defendants already have the information that Plaza claims is being withheld. 

  • January 22, 2015

    Progressive Launches $400M Notes Offering

    Insurance company Progressive Corp. said in a Thursday filing that it's planning to offer almost $400 million worth of 3.70 percent senior notes due 2045, to occasionally invest in short-term securities and for other corporate purposes.

Expert Analysis

  • More Coverage Issues May Go To Appraisal Panels In Minn.

    Scott G. Johnson

    After the Minnesota Supreme Court's recent ruling in Cedar Bluff Townhouse Condominium Association v. American Family Mutual Insurance Co., to avoid having an appraisal panel decide issues of coverage, which are still subject to later judicial review, parties need to resolve coverage issues before submitting disputes to appraisal, says Scott Johnson of Robins Kaplan Miller & Ciresi LLP.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • FSOC At It Again, Places Asset Managers In Its Crosshairs

    Jay G. Baris

    In seeking comment on potential risks to the U.S. financial system created by asset managers including investment advisers, insurance companies and private funds, the Financial Stability Oversight Council again places these institutions in its crosshairs, but the FSOC’s latest effort to explore the issue through crowdsourcing should not be ignored, say Jay Baris and Oliver Ireland of Morrison & Foerster LLP.

  • State Of D&O Indemnification Under NY Business Corp. Law

    Joan M. Secofsky

    As recent case law demonstrates, attempts to use the power to indemnify directors and officers as a strategic weapon against minority shareholders may backfire, causing the corporation to pay legal fees for all combatants. Meanwhile, practitioners who believe they understand the New York rules on indemnification may be startled by how much of this area is controlled by statute, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • What Legal Departments Can Expect If Buying Into E-Billing

    David Houlihan

    Recent interviews with law departments in eight companies — ranging from $600 million to $70 billion in annual revenue, and spanning the financial services, telecommunications, hospitality, software and discrete manufacturing industries — reveals that e-billing and "spend management solutions" offer some of the clearer business cases for technology investment by an organization’s legal department, says David Houlihan of Blue Hill Research Inc.

  • Wis. High Court Case Will Impact Farm Insurance Policies

    Cameron F. Field

    The Wisconsin Supreme Court's ruling in Wilson Mutual Insurance Co. v. Falk, which holds that manure contaminating a well is a “pollutant” and is not covered under a farm's general liability insurance policy, should prompt policyholders to understand how a policy defines pollutant. The case may be informative in states that have yet to hear a similar case, say attorneys at Michael Best & Friedrich LLP.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.

  • REBUTTAL: Pa. Coverage Law Hasn't Traveled Back To '80s

    Suzan F. Charlton

    A recent Law360 guest article on the Pennsylvania Supreme Court’s decision in Pennsylvania National Mutual Casualty Insurance Co. v. St. John suggests that the state's law has suddenly traveled backward in time, to a decade when the “manifestation” trigger was still considered a viable insurance coverage theory. But that “Back to the Future” reading of St. John may be a fantasy, says Suzan Charlton of Covington & Burling LLP.

  • 9 Key NY Insurance Cases Of 2014

    Robert D. Chesler

    If the important New York insurance cases of 2014 are any indication, 2015 will likely be fraught with actions tackling ongoing insurance trends, particularly in the areas of coverage for data breaches and broker liability, say attorneys at Anderson Kill PC.

  • Payer-Provider Consolidation Comes With New Risks

    Katherine Funk

    As health care providers and payers consolidate and take advantage of new opportunities brought about by the Affordable Care Act and health care reform, both payers and providers face new health care fraud and abuse and antitrust risks that are different from the ones they previously confronted, say Troy Barsky and Katherine Funk of Crowell & Moring LLP.