In recent ruling that a U.S. Environmental Protection Agency proceeding against an alleged polluter is a "suit" triggering an insurer's duty to defend, the Texas Supreme Court released policyholders from the dilemma of either defending themselves without insurance or rolling the dice in a civil suit to try to secure coverage.
Beazley Insurance Co. Inc. slapped two rivals with a New York federal suit Tuesday, seeking coverage of Nasdaq OMX Group Inc.’s $31 million settlement in an underlying investor class action over the botched handling of Facebook Inc.'s $16 billion initial public offering.
One Texas clerk who originally declined to provide same-sex marriage licenses, with approval from the state attorney general, said Tuesday her office will comply with federal law.
Contractor KB Home Colorado Inc. sued three of its subcontractors’ insurance companies in Colorado federal court Tuesday for more than $1 million it says they owe for the defense costs in a now-settled case over property damage arising at one of its construction sites.
Property and casualty insurer ACE Group announced Wednesday that it had inked a $28.3 billion cash and stock deal to pick up competitor The Chubb Corp.
Manufacturer Columbus McKinnon Corp. sued Travelers Indemnity Co. and Liberty Mutual Insurance Co. in New York federal court on Monday, seeking more than $13 million in defense and indemnity coverage for 2,600 asbestos liability lawsuits.
The U.S. Tax Court said Tuesday that a venture capital investor is on the hook for tax deficiencies over separate accounts underlying private placement variable life insurance policies for his elderly relatives, finding he was the assets’ true owner for federal income tax purposes.
With a projected $1 billion budget surplus and Republicans dominating Tallahassee, Florida's 2015 legislative session held promise for big policy changes. But rifts between the chambers over health care and land conservation forced a special session to pass the budget, pushing gaming and other high-profile issues to the sidelines. Here, Law360 takes a look at key issues left hanging after this year’s historic session.
Excess insurers told a New York federal judge on Tuesday not to undo a recent decision dismissing them from Amtrak’s suit seeking compensation for rail damage caused by Superstorm Sandy, claiming that Amtrak has contradicted itself by trying to shoehorn wind-related claims into its suit.
JDS Development and Property Markets Group are said to have scored $725 million in financing from AIG and Apollo; GoPro and NetSuite have reportedly each signed for 49,000 square feet in San Mateo, California; and Mitchell Holdings is said to have bought a New York hotel for $38.5 million.
A jury that cleared Blue Cross Blue Shield of Louisiana in a $26 million breach of contract suit received improper instructions that held a medical equipment supplier and surgery staff provider to an unfair standard, a Texas federal judge ruled Tuesday, granting a new trial.
The U.S. Supreme Court ruled that social media posts aren't threats without intent and strengthened protections of corporate data records, while a retail tracking firm's settlement with regulators has attorneys on the lookout for a rise in consumer class actions. Here, Law360 examines the most important privacy decisions and settlements of the year thus far.
AIG Specialty Insurance Co. shot back at Office Depot Inc. in a suit by the retailer seeking coverage for a whistleblower action, telling a California federal court on Monday that, contrary to the company's argument, state insurance law bars coverage for negligent misrepresentations.
The Second Circuit affirmed Tuesday that American Family Mutual Insurance Co. doesn’t owe anything to reinsurer Mariah Re Ltd., which had claimed it was forced to pay $100 million based on an improperly altered report on a 2011 storm system.
Insurance brokerage Willis Group Holdings PLC said Tuesday that it has inked an all-stock deal worth about $18 billion to pick up professional services firm Towers Watson & Co.
A trio of insurance companies waited too long to intervene in a class action to contest a metal supply company's $20 million settlement of claims that it violated the Telephone Consumer Protection Act, the Seventh Circuit found Monday, saying the insurers should have tried to intervene at the outset of the litigation.
The National Federation of Independent Business on Monday lashed out at the IRS over a “schizophrenic” rule that penalizes small businesses that choose to compensate employees for health care-related expenses rather than provide group health insurance, throwing its weight behind repeal efforts in Congress.
MetLife Inc. sought to force the Financial Stability Oversight Council to fork over hundreds of documents it allegedly used in designating the life insurer as a systemically important financial institution, contending Monday that there is no compelling reason the FSOC should withhold the materials.
Days after the U.S. Supreme Court’s historic gay rights ruling, Texas continued presenting same-sex couples a mixed bag, with the state attorney general advising county clerks Sunday that they do not have to grant marriage licenses if it would violate their religious beliefs.
The U.S. Supreme Court decision upholding nationwide Affordable Care Act subsidies showed once again that Chief Justice John G. Roberts Jr. relies heavily on congressional intent to interpret federal laws and rejects a narrower approach favored by other conservative justices, experts say.
Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.
The prospect of settlement can be a delicate endeavor for insureds, particularly when their interests diverge from those of the insurer. Christine Hiler and Samantha Wolff at Hanson Bridgett LLP explore some of the respective obligations and factors to consider when disputes arise in California between insureds and insurers during the settlement process.
It seems there is no more vehemently decried investment product than the variable annuity. But the truth is that variable annuities can form part of a balanced, effective portfolio if you avoid the red flags that can spawn annuity-related litigation, says Rhett Owens of Burr & Forman LLP.
As the Internet of Things expands, so too do cyber risks created by the supply chain. Manufacturers looking to control that risk may seek indemnification and insurance protection from their suppliers, however that strategy contains hidden risks as well, say Lon Berk and Sergio Oehninger at Hunton & Williams LLP.
The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.
In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)
Judge Thomas Wheeler’s strategic invocation of Walter Bagehot in the recent decision splitting the baby in the American International Group trial is not unique. Rather, it is representative of the ways Bagehot’s dictum has been abused to preclude meaningful discussion of when and how the Federal Reserve should provide liquidity support to troubled financial institutions, says Kathryn Judge, associate professor of law at Columbia Law School.
In Lido Beach Towers v. Denis A. Miller Agency Inc. the New York state appeals court affirmed a lower court’s order dismissing all claims of negligence, breach of contract and cross-claims against the individual insurance broker, demonstrating that under certain circumstances an argument based on agency principles may relieve a broker from personal liability for the alleged acts of his principal, says Sara Ward Mazzolla at Bressler... (continued)
The bottom line of the U.S. Supreme Court's ruling in King v. Burwell is that the Affordable Care Act, as a whole, had a consistent intent for federal tax subsidies to be available to reduce consumer spending on health insurance purchased through federally run exchanges, even if ambiguous provisions and inartful drafting can be found within the statute, say attorneys at Locke Lord LLP.
Most courts hold that an insurance company will not be estopped from denying coverage even if the company participates in the defense, provided it gives timely notice to the policyholder through a reservation of rights letter. But there is one very important caveat — the letter must be both timely and sent directly to the policyholder for whom the defense is provided, say attorneys at Reed Smith LLP.