• September 26, 2016

    Insurer Can't Recoup $2.8M Oil Spill Payment, 1st Circ. Told

    A General Dynamics unit has asked the First Circuit to affirm a lower court's ruling that Ironshore Specialty Insurance Co. can't win reimbursement for $2.8 million in cleanup costs for an oil spill from a U.S. Navy ship, contending Monday that the insurer's claims are barred under federal law.

  • September 26, 2016

    Genworth Shareholders Win $65M In Fees In Securities Suit

    A Virginia federal judge on Monday awarded Genworth Financial Inc. shareholders $65 million in attorneys’ fees and expenses after they reached a $219 million settlement with the insurance company to resolve a consolidated shareholder class action claiming it made false and misleading statements about its long-term care insurance division.

  • September 26, 2016

    $5M In Financing Keeps Molycorp Minerals Alive In Ch. 11

    The Chapter 11 trustee for Molycorp Minerals LLC, the unit that owns the rare earth miner’s main facility left behind in bankruptcy after plan confirmation, told the Delaware bankruptcy court Monday that up to $5 million in financing will keep its case, and sale process, alive.

  • September 26, 2016

    Lehman Fights $23M Interest Demand Over Reinsurance Claim

    Lehman Brothers on Monday urged a New York bankruptcy judge to reject a demand for approximately $23 million in interest from a group of investors including Centerbridge Partners and a JPMorgan Chase subsidiary that hold claims arising from the failed banking firm’s Bermuda-based reinsurance unit, Lehman Re.

  • September 26, 2016

    Blue Cross Presses To Trim Michigan Tribe's ERISA Claims

    Blue Cross Blue Shield of Michigan continued to press a federal court Friday to pare down the Little River Band of Ottawa Indians’ suit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act, arguing it had no duty to cap health care claims at certain rates.

  • September 26, 2016

    Lloyd's Says Marina Owner Has No Case In Coverage Appeal

    Certain underwriters at Lloyd’s of London urged the Eighth Circuit Friday to affirm that an Arkansas marina owner’s losses from the destruction of several docks during a storm were caused by flooding and thus not covered, saying the marina owner’s contrary arguments and alleged prejudice simply “ring hollow.”

  • September 26, 2016

    Plumbing Fixture Co. Can't Get Coverage Of Ex-Execs' Suit

    A company specializing in antique-style plumbing fixtures is not entitled to coverage under a Scottsdale Insurance Co. directors and officers policy for former directors' claims that the business had gone into decline because of the chief executive's erratic behavior, a California federal judge ruled Monday.

  • September 26, 2016

    Aviva Unit Pays SEC Fine Over Cross-Trading Allegations

    A unit of U.K. insurer Aviva PLC has agreed to pay a fine to settle allegations that it failed to stop its representatives from carrying out unlawful securities trades between clients, the U.S. Securities and Exchange Commission said on Friday.

  • September 26, 2016

    Liberty Unit Must Cover Ga. Train Crash, 11th Circ. Told

    Norfolk Southern Railway Co. on Monday urged the Eleventh Circuit to uphold a ruling that a Liberty Mutual unit must cover claims arising from a train's 2011 collision with a car, arguing that a lower court properly concluded that no policy exclusions apply to bar coverage.

  • September 26, 2016

    Lloyd's Underwriter Sues Saudi Prince, Banks Over 9/11 Ties

    A Lloyd's of London underwriting manager sued a senior Saudi prince Friday along with several charities and banks it alleges helped al Qaeda in the years leading up to the 9/11 attacks, with a New York federal court complaint seeking $312 million in total damages.

  • September 26, 2016

    Travelers Must Defend, Not Indemnify Marina In Accident Suit

    A Minnesota federal judge held Friday that Travelers Property Casualty Co. of America is required to defend but not indemnify a marina operator that stored and serviced a boat that killed two men and injured a third after an engine malfunction led to the release of built-up carbon monoxide.

  • September 26, 2016

    Katten Muchin, Kaye Scholer Steer $50M AIG NYC Loan

    Katten Muchin Rosenman LLP represented American General Life Insurance Co. in connection with its $50.22 million loan to Kaye Scholer LLP-counseled Edison Properties for Manhattan property partially leased to Anheuser-Busch InBev, according to a mortgage document filed in New York on Monday.

  • September 23, 2016

    Ex-Hockey Pro's Claims Preempted By ERISA, Insurer Says

    An insurance provider for National Hockey League players and a group of related parties sued by former Dallas Stars player Aaron Rome for allegedly mishandling a disability claim and wrongfully denying him benefits asked a Texas federal court on Friday for dismissal, saying Rome did not exhaust his administrative remedies.

  • September 23, 2016

    Insurers, Providers Trade Harsh Words On ACA Steering

    Federal regulators are hearing wildly divergent perspectives on improper steering of patients toward and away from Affordable Care Act plans, as insurers allege kickback-style financial assistance and health care providers allege discriminatory practices aimed at low-income Americans, newly released letters show.

  • September 23, 2016

    Ore. Defect Coverage Ruling Closes Loophole For Insurers

    The Oregon Supreme Court refused Thursday to allow an insurance company to second-guess a jury’s finding limiting a policyholder's liability for construction defect damages, a decision experts say closes a loophole for carriers to get a second bite at the apple once the issue of liability has been decided in a case.

  • September 23, 2016

    Liberty Mutual Says NYC School Injuries Are Not Covered

    Liberty Mutual Insurance asked a New York federal judge on Friday for a summary judgment that it need not defend New York City against three lawsuits alleging injuries that took place at various schools, saying the underlying suits are far outside the bounds of what it insures the city's school construction authority for.

  • September 23, 2016

    Insurer Can Recover Fees From Law Firm, 9th Circ. Says

    The Ninth Circuit ruled Friday that a law firm's malpractice insurer can claw back fees for a non-covered defense, finding — immediately after getting clarity from Alaska's Supreme Court on what the state's law says — that federal law preempts that state law.

  • September 23, 2016

    Brand Battles: 'Serial' Podcast Fights For Trademark On Name

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the producers of hit podcast "Serial" tell the board its name isn't generic, the Federal Emergency Management Agency takes aim at name it says was designed to mimic a federal flood insurance program, and two former BigLaw attorneys struggle to register their new firm name as a trademark.

  • September 23, 2016

    Jury Finds That Ex-Tech Execs Not Covered By D&O Policy

    Beazley Insurance Co. Inc. isn’t on the hook for settlements executed by a surveillance technology company's ex-directors to resolve litigation alleging the company failed to pay a business partner, a jury has decided.

  • September 23, 2016

    Liberty Can't Appeal Asbestos Cap Ruling, Court Finds

    Liberty Mutual cannot appeal a ruling that it could be liable for more than $10 million in asbestos personal injury claims against a policyholder, valve maker Fairbanks, because the time is not right, a New York federal judge said Thursday.

Expert Analysis

  • Anticipating And Avoiding Expert Deposition Fee Disputes

    John D. Sear

    The expenses associated with using outside experts in litigation can be one of the costliest components of a case. John Sear of Bowman and Brooke LLP and T. Michael Pangburn, general counsel of Thor Motor Coach Inc., offer insights and practical suggestions for keeping expert witness costs under control.

  • Avoiding The Insurer Bite: Coverage For Zika Virus Losses

    Tyrone R. Childress

    Due to the Centers for Disease Control and Prevention issuing travel advisories urging pregnant women and their partners to postpone travel plans to regions infected by the Zika virus, many businesses in Florida and other areas are concerned about potential financial losses. Tyrone Childress and Jason Lissy of Jones Day explain how to negotiate various types of insurance in order to protect against losses caused by Zika.

  • How Appraisal Protects Against Texas Insurance Code Abuse

    Shannon M. O'Malley

    In recent months, multiple Texas courts have ruled that prompt appraisal award payments essentially end an insurer's exposure for breach of contract and extracontractual claims. By properly invoking appraisal provisions, insurers can avoid concerns about boilerplate statutory bad faith allegations, says Shannon O'Malley of Zelle LLP.

  • Practical Uses For Machine Learning In Health Care Cases

    Mihran Yenikomshian

    Machine learning can efficiently turn enormous volumes of both structured and unstructured data into something meaningful, without losing underlying details. Consultants with Analysis Group Inc. elaborate on how machine learning can be applied in the courtroom in terms of informing legal strategy, identifying relevant materials for experts, and enhancing expert testimony in health care litigation.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • New Jersey Joins National Majority On Contractor Insurance

    J. Stephen Berry

    The New Jersey Supreme Court has ruled that property damage caused by subcontractors' shoddy workmanship qualifies as an occurrence under the general contractor's liability insurance policy. This decision may be indicative of a larger trend involving one of the most frequently litigated insurance dispute questions of the past decade, say lawyers from Dentons.

  • Louisiana's Adoption Of Pro Rata Defense Cost Allocation

    Nicholas C. Cramb

    The Louisiana Supreme Court recently made its decision in Arceneaux v. Amstar Corp., holding that defense costs incurred by the insured should be allocated based on the period of coverage or self-insurance. Insurers should pay attention to this ruling to ensure that they do not agree to pay more than their pro rata share of defense expenses, say Nicholas Cramb and Lavinia Weizel of Mintz Levin Cohn Ferris Glovsky & Popeo PC.

  • Texas Courts' Consistent Inconsistency On Improper Joinders

    Todd M. Tippett

    In August, two different Texas federal courts heard two very similar insurance claims cases, but reached opposite decisions regarding whether or not the cases should be remanded to state court. This stems from the ambiguity of determining whether some multiparty insurance lawsuits are proper or not, according to Todd Tippert of Zelle LLP.

  • How CMS Plans To Steady An Unstable ACA Marketplace

    Cynthia J. Borrelli

    In the wake of market instability the Centers for Medicare and Medicaid Services has proposed benefit and payment parameters for 2018 to improve risk pools and make Affordable Care Act exchanges more attractive. However, if not accompanied by other regulatory measures, these provisions would have unintended consequences for the insurance market, says Cynthia Borrelli of Bressler Amery & Ross PC.