The Seventh Circuit on Friday refused to toss a retired Mayer Brown LLP equity partner’s suit accusing Metropolitan Life Insurance Co. of wrongful denial of disability benefits, ruling the Employee Retirement Income Security Act didn’t block her claims.
Allied World National Assurance Co. can't get reimbursement from St. Luke's Health System Ltd. for nearly $8 million in defense costs in a Federal Trade Commission antitrust suit, an Idaho federal judge ruled Friday, saying a policy exclusion doesn't apply because no court found that St. Luke's obtained any financial gain.
Life Partners Holdings Inc. subsidiaries will retain control over their Chapter 11 cases until later this month, a Texas bankruptcy judge decided Friday, rejecting a bid by suitors to end the debtors' exclusivity and allow them to file a competing plan to reorganize the life settlements purveyor.
The U.S. arm of Swedish construction giant Skanska AB urged a Texas federal court Friday to reject Star Insurance Co.'s bid to revoke a performance bond issued to a U.S. Air Force base project subcontractor that Skanska allegedly overpaid by $1.3 million, a day after the insurer pressed the court to grant it victory in the suit.
The Affordable Care Act's mandate to provide contraceptive services doesn't pose a substantial burden on organizations that object on religious grounds, and neither does filing a waiver stating those objections, the Seventh Circuit said on Friday, reversing an injunction barring the government from enforcing the mandate.
The Oregon Supreme Court will hear arguments Sept. 10 on whether a policyholder can establish insurance coverage for an entire judgment based on a general verdict issued in a construction defect suit potentially involving both covered and excluded causes of loss. Here, Law360 delves into the issues in the case in advance of the hearing.
The Seventh Circuit ruled Friday that missed payments didn’t sink a man’s breach-of-contract claim against CitiMortgage Inc. in a proposed class action accusing the company of using mortgage payments to pay off outstanding balances rather than repair damaged homes, reversing an Illinois federal judge’s order.
An Oregon county judge is being investigated by the state judicial ethics commission after refusing to perform same-sex marriages.
Ace American Insurance Co. has asked a Philadelphia judge to throw out a lawsuit by TE Connectivity Ltd. accusing it of refusing to pay legal fees from a $25 million settlement with New York state over a wireless network project for emergency communications, claiming these fees were not covered under the policy.
Sears Holdings Corp. may still have to face claims that a dryer it sold is responsible for starting a house fire, after an Illinois magistrate judge found Thursday that the retailer withheld important information in a lawsuit with insurer MemberSelect Insurance Co.
The ex-CEO of insurer the Pittsburgh-based Highmark Inc. is seeking at least $32 million in damages from his former employer in a lawsuit claiming that he was wrongfully ousted from his post in April 2012 for refusing to ax a female worker he was having an affair with.
A Massachusetts appeals court on Thursday ruled that a lower court properly dismissed an insolvent insurer's suit over reimbursement for workers' compensation payments in favor of a hearing before the state Department of Industrial Accidents, saying that courts must defer to administrative agencies' expertise.
As summer comes to its unofficial end, so does a vibrant period in deal-making that saw seven of the transactions inked between Memorial Day and Labor Day land among the biggest plays so far this year. Here, Law360 takes a look at the summer's largest tie-ups and the law firms that steered them.
Tesoro Corp. told the Fifth Circuit on Thursday that a Texas federal judge incorrectly ruled that “theft” as defined in its National Union Fire Co. of Pittsburgh Pa. commercial crime policy didn’t cover forged letters of credit that induced it to transfer $24 million worth of petroleum.
A Kansas federal judge gave final approval Thursday to a $90 million settlement between Boeing Co. and a class of former employees who alleged they were stiffed on retirement benefits after the aircraft manufacturing giant sold the plant where they worked.
After a recalcitrant Kentucky county clerk was jailed for contempt for refusing to issue marriage licenses in protest of same-sex marriage, the deputy clerks in her office started to do so Friday morning, according to published reports.
The Fifth Circuit on Thursday again upheld a $25.4 million victory for oil field operator Cox Operating LLC in a coverage suit for damage from Hurricane Katrina, denying a bid for rehearing by an insurer who claimed Texas insurance law was misapplied by the lower court in calculating penalty interest.
The family of a drilling rig worker killed on the job urged the Texas Supreme Court on Thursday to reinstate a nearly $72 million judgment against two insurance carriers, saying they should be on the hook for a default trial judgment against the drilling company.
Five judges from the Tenth Circuit on Thursday scolded their colleagues' decision to not rehear en banc the Little Sisters of the Poor’s fight against the Affordable Care Act’s contraception mandate opt-out, arguing the provision does impose an unfair burden on freedom of religion.
The U.S. Department of Health and Human Services on Thursday floated new policies to expand health insurance coverage for gender transition, part of a lengthy regulation interpreting anti-discrimination protections under the Affordable Care Act.
A recent decision by a divided Tenth Circuit panel in Landmark American Insurance Co. v. VO Remarketing Corp. affirms that while facts extrinsic to an underlying complaint can be used to determine duty to defend, the underlying complaint’s legal conclusions aren't sufficient to trigger duty to defend, say Suzanne M. Meintzer and Shawna Ruetz at Wilson Elser Moskowitz Edelman & Dicker LLP.
Given compressed deal timelines and the inability of a buyer to conduct even rudimentary diligence on classified contracts, a buyer may not have the ability to accurately identify and cabin all of the potential risks in mergers that involve defense and government contractors. Representations and warranties insurance may thus make the difference between a closed transaction and a busted deal, say attorneys with Crowell & Moring LLP.
Insurance companies routinely withhold undisputed amounts of insurance benefits with, at the very least, knowledge of its coercive effect on the insured — yet there’s a surprising lack of authority on whether this underhanded tactic amounts to bad faith under California law, say Brian Kabateck and Levi Plesset of Kabateck Brown Kellner LLP.
While anti-concurrent cause provisions are enforceable in a vast number of policies and jurisdictions, the Ninth Circuit's Stankova decision has brought the enforceability of such clauses into question for fire losses in Arizona and in states that have adopted the New York standard fire insurance policy, say William Webster and Charles Cannizzaro at Robins Kaplan LLP.
In George Orwell’s "Animal Farm," the governing principle that “all animals are equal” was revised by the pigs who had ascended into power to “all animals are equal, but some animals are more equal than others.” A recent decision by the Tenth Circuit, BancInsure Inc. v. Federal Deposit Insurance Corp., appears to apply a similar principle to insurance policy interpretation, say Alex Lathrop and Harry Moren at Orrick Herrington & Sutcliffe LLP.
Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriots quarterback Tom Brady during ongoing litigation over his Deflategate suspension are similar to common arguments made during reinsurance arbitration disputes, says J.P. Jaillet at Choate Hall & Stewart LLP.
The cancellation of an insured event due to the suicide of the insured artist opens a Pandora’s Box of legal arguments regarding coverage, and interpretation of policy language only gets more complicated when dealing with the suicide of a named person on the insured's policy — as was the case in last year's legal battle between The Rolling Stones and Lloyds of London, says Isabella K. Stankowski-Booker at Zelle Hofmann LLP.
The Second Circuit's noteworthy embrace of the filed rate doctrine in Rothstein v. Balboa Insurance Co. gives a strong boost to a doctrine that has come under scrutiny in the trial courts for some time, say attorneys at Dentons.
Last week, in its long-anticipated and unanimous decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations, placing California squarely in the mainstream view, say Richard DeNatale and Celia Jackson at Orrick Herrington & Sutcliffe LLP.
The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.