• October 5, 2015

    Oil Rig Salvage Cos. Defend Injury Coverage At 5th Circ.

    Two companies in charge of decommissioning an oil rig when a worker was injured want the Fifth Circuit to uphold a lower court's ruling that the Louisiana Oilfield Anti-Indemnity Act did not block insurance coverage for the accident as a result of the wells being inactive.

  • October 5, 2015

    Ex-NFLer Says Retirement Plan Delayed Concussion Benefits

    A former NFL player hit the Bert Bell/Pete Rozelle NFL Retirement Plan and the Retirement Plan Board with a suit in Maryland federal court claiming the plan wrongfully delayed an award of total and permanent disability benefits for physical an cognitive disabilities suffered as a result of injuries from playing in the NFL. 

  • October 5, 2015

    NJ Senators Call For AG Probe Of Horizon Tiered Plans

    New Jersey lawmakers on Monday called on the state Attorney General to investigate Horizon's plans for a new tiered coverage program and establish a permanent oversight mechanism to ensure its transparency, which they argue has been sorely lacking.

  • October 5, 2015

    Prudential Hit With Contract Suit Over New $444M NJ Tower

    Skanska USA Building Inc. has sued Prudential Financial Inc. for allegedly breaching construction management and price contracts surrounding the insurance giant's new $444-million, 20-story office tower in Newark, N.J., contending that it hasn't been properly paid.

  • October 5, 2015

    USAA Skimped On MedPay Reimbursements, Class Suit Says

    A chiropractic clinic has filed a putative class action alleging United Services Automobile Association broke so-called MedPay automobile insurance contracts by using an alternative method for calculating reimbursements, according to documents removed to Florida federal court Friday.

  • October 5, 2015

    11th Circ. Defect Notice Case May Curb Out-Of-Court Deals

    The Eleventh Circuit is grappling with a building contractor's appeal of a Florida federal judge's ruling that a construction defect claim notice isn't a covered suit under a commercial general liability policy, and attorneys say that an affirmance could lead policyholders to abandon presuit proceedings for fear of incurring steep out-of-pocket costs.

  • October 5, 2015

    New MetLife Debt Fund Lends $86M To Cypress For Minn. Mall

    Texas private equity firm Cypress Equities has scored $86 million in financing from a new MetLife Inc. debt fund for a 1.14-million-square-foot Minneapolis-area mall, according to an announcement on Monday from Holliday Fenoglio Fowler LP, which brokered the deal for the borrower.

  • October 5, 2015

    Title Insurers Accused Of Price-Fixing Scheme In Georgia

    Fidelity National Title Insurance Co. and six other insurers were hit with a proposed class action Friday in Georgia federal court, alleging that they conspired to fix prices for title insurance by quoting customers an artificially inflated list price with no opportunity to negotiate a lower one.

  • October 5, 2015

    Mold Covered By Texas Co.'s Liability Policy, Ill. Court Says

    An Illinois state appeals court has found that the negligence claims of a group of Texas government employees who sued their building’s constructor over mold exposure are covered under the construction company’s insurance policy, reversing a lower court’s earlier decision that mold was excluded from the policy.

  • October 5, 2015

    BNY Mellon Can't Dodge RMBS Suit Over Loan Docs

    A New York judge on Friday refused a bid by The Bank of New York Mellon Corp. to quash a lawsuit brought by banks, insurers and other investors against BNY Mellon as the trustee of pools of poor-performing residential mortgage-backed securities, saying dismissal would be premature.

  • October 5, 2015

    Contractor Can’t Duck Insurer’s Suit In Navy Software Row

    A Florida federal judge on Friday refused a consulting company’s attempt to throw out its insurer’s suit seeking to deny coverage for a suit accusing the company of ripping off proprietary software and selling its version to the Navy, ruling the insurer can file in Florida because the underlying suit is in the state.

  • October 5, 2015

    Reed Smith Adds Gardere Insurance Recovery Duo In Houston

    Reed Smith LLP added two partners to its insurance recovery group in Houston from Gardere Wynne Sewell LLP, who represent corporate clients across the energy, chemical, shipping, financial services and food processing industries among others, the firm said on Monday.

  • October 5, 2015

    WolfBlock Insurer Not Liable For Ex-Partner's Severance Pay

    A Pennsylvania state judge has ruled that an insurer for the defunct Philadelphia-based WolfBlock LLP was not liable for making continued payments on a former partner’s $400,000 severance package after the firm dissolved more than six years ago.

  • October 2, 2015

    Aetna Seeks Sanctions Over Counterclaim In $120M Fraud Suit

    Aetna demanded a Houston-area hospital and its attorneys be sanctioned over its "retaliatory" RICO counterclaim in the insurer's $120 million billing fraud and kickback suit, arguing to a Texas federal judge Friday that the claim is unsupported and copies Aetna's complaint.

  • October 2, 2015

    FBOP Argues It Isn't Subject To Pension Agency's Claims

    Defunct banking company FBOP Corp. on Friday said in Illinois federal court that it should not have to pay a portion of a $265.3 million tax refund to the Pension Benefit Guaranty Corp., arguing the federal government-created retirement income agency is trying to renege on a settlement agreement.

  • October 2, 2015

    Apt. Building's Owner Forged Invoices After Fire, Insurer Says

    Endurance American Specialty Insurance Co. urged a Wisconsin federal judge Friday to dismiss an apartment building owner's suit alleging it undervalued fire damage to the property, claiming the owner submitted forged invoices and gave inconsistent testimony about whether repairs were made.

  • October 2, 2015

    WTC Lease Holders Ask 2nd Circ. For 9/11 Rebuilding Costs

    World Trade Center lease holders urged the Second Circuit on Thursday to reconsider its recent ruling that they couldn’t recover post-9/11 rebuilding costs in a suit seeking to hold airlines and others liable for tort damages.

  • October 2, 2015

    Lumber Liquidators Pushes To Move Insurance Row To Wis.

    Lumber Liquidators on Friday again told a Virginia federal court that Liberty Mutual Fire Insurance Co.'s suit seeking to avoid defending it in multidistrict litigation over formaldehyde in its laminate flooring imported from China should be heard in Wisconsin because, among other reasons, the relevant policies were issued there.

  • October 2, 2015

    6th Circ. Revives Ex-Ford Worker's Denied Disability Suit

    The Sixth Circuit on Friday revived a former Ford employee’s suit against UniCare Life and Health Insurance in which she said she was intentionally denied disability benefits after being terminated.

  • October 2, 2015

    HCA Hospitals Claim Aetna Owes $16.4M In ER Payments

    Aetna Life Insurance Co. has cheated more than two dozen hospitals owned by HCA Holdings Inc. out of a combined $16.4 million for emergency services provided to patients who received Aetna coverage through the Affordable Care Act, according to a suit removed Thursday to Florida federal court.

Expert Analysis

  • Name Game: Designating Lenders For A Loss Payee Clause

    Thomas B. Alleman

    Loan documents generally require a borrower to provide insurance on collateral in favor of the lender, often known as an open mortgage or loss payee clause. But a loss payee clause may not be enough to actually protect a lender, says Thomas Alleman at Dykema Cox Smith.

  • Solving Sovereign Immunity Issues In Reinsurance Disputes

    Edward K. Lenci

    The issue of sovereign immunity continues to bedevil U.S. cedents and retrocedents that seek to collect from foreign reinsurers owned by foreign states and that invoke a state’s pre-answer security requirements. However the proven solution to this problem, a binding arbitration agreement, may not always be available, says Edward Lenci at Hinshaw & Culbertson LLP.

  • Using The Unfortunate Event Test For NY Insurance Claims

    Larry P. Schiffer

    When insurance policy language does not evince an intent to aggregate separate incidents or claims into a single accident or occurrence, New York courts turn to the unfortunate events test to determine whether claims should be aggregated, which raises interesting questions about the accident or occurrence language used by insurance companies, says Larry Schiffer at Squire Patton Boggs LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • A Look At The Legality Behind Daraprim's Price Spike

    Charles J. Andres

    Unilateral drug price increases alone — when not done by agreement or through collusion with competitors — are almost never actionable under U.S. antitrust law. As long as Turing Pharmaceuticals AG acted alone in raising Daraprim's price, it would be highly unlikely to face any antitrust claim or criminal antitrust penalties, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • Disease Outbreaks May Bode Ill For Your GCL Coverage

    Michael H. Sampson

    This summer in New York there was an outbreak of Legionnaires’ disease, allegedly caused by a hotel's cooling towers, that killed 12 people and made 100 others sick. If a business is hit with third-party lawsuits over a disease outbreak, are they covered by their commercial general liability policy? ask Michael Sampson and Caitlin Garber at Reed Smith LLP.

  • Insurance Chain Reaction From The Tianjin Port Explosion

    Matthew J. Gollinger

    The recent Tianjin port explosion will lead to massive supply chain disruption — which will no doubt impact the 285 Fortune 500 companies with offices there — and trigger countless master policies and global insurance programs written out of the United States due to large-scale contingent business interruption losses, say Matthew Gollinger and Qianwei Fu at Zelle Hofmann Voelbel & Mason LLP.

  • DOJ Targets D&O: Yates Memo's Impact On Insurance Claims

    Susan R. Huntington

    The U.S. Department of Justice's new enforcement policy holding individual corporate executives accountable for corporate wrongdoing in both criminal and civil cases will likely increase the costs associated with claims under director and officer insurance policies, say attorneys at Day Pitney LLP.

  • The Rise Of The Obama Workplace

    Robin S. Conrad

    Although executive orders and agency guidance only provide a snapshot of the Obama administration's overall regulatory strategy, they demonstrate a concerted effort by the president to avoid an intransigent Congress and reshape the American workplace through executive action, say attorneys at Dentons US LLP.

  • The Risks Of Not Defending Your Insured

    Bradley J. Lorden

    The Seventh Circuit's warning in National American Insurance Co. v. Artisan and Truckers Casualty Co. should remind all liability insurers of the high stakes and considerable risks that come with refusing to defend an insured in a case that may potentially fall within coverage, says Bradley Lorden at Proskauer Rose LLP.