• January 27, 2015

    Insurance Group of the Year: Kasowitz Benson

    Whether securing Imo Industries Inc. coverage for tens of thousands of asbestos claims or guiding Pennsylvania State University through the insurance fallout from a sex abuse scandal, Kasowitz Benson Torres & Friedman LLP was a thorn in the insurance industry's side in 2014, cementing its place among Law360's Insurance Practice Groups of the Year.

  • January 27, 2015

    5 Tips For Policyholders To Clean Up After Winter Storms

    A powerful winter storm hammered New England and other parts of the Northeast with heavy snow and whipping winds beginning on Monday, leaving some companies vulnerable to losses from repair and replacement costs and business interruption. Here, attorneys share tips for policyholders to secure the maximum possible recovery for storm-related losses.

  • January 27, 2015

    Contract Claim Nixed In Chartis Suit Over Condo Coverage

    An Oregon federal judge on Tuesday dismissed a construction company’s breach of contract claim against Chartis Specialty Insurance Co. over the insurer’s attempt to skirt coverage for defects at a Portland condominium complex, finding there are no damages stemming from any breach of the insurance policy.

  • January 27, 2015

    Calif. Court Lacks Jurisdiction In Arkansas Insurance Row

    A California appeals court on Tuesday upheld a trial court's finding that it lacked jurisdiction over Auto-Owners Insurance Co. in a suit brought by a California resident over insurance purchased for a rental property in Arkansas, because the suit stemmed from incidents that occurred in Arkansas.

  • January 27, 2015

    Real Estate Rumor Mill: RXR Realty, San Diego, Mirae

    RXR Realty is close to reaching a deal to pay more than $1 billion for a New York office property, while San Diego is said to be buying a downtown property for $91 million and Mirae Asset Global Investments has reportedly scored $267 million in financing for a recent Washington, D.C., purchase.

  • January 27, 2015

    10th Circ. Denies Jurisdiction In Decades-Old Insurance Row

    The Tenth Circuit on Tuesday remanded a long-running dispute between ConAgra Foods Inc. and Kraft Foodservice Inc. and Americold Logistics LLC over a 1994 agreement that gave the food companies access to Americold's insurance policies, saying Americold hadn't established diversity jurisdiction.

  • January 27, 2015

    EEOC Says MacLean Bolsters Bid To Revive Allstate Suit

    The U.S. Equal Employment Opportunity Commission has told the Third Circuit that the U.S. Supreme Court's MacLean ruling bolsters its bid to revive a lawsuit targeting Allstate Insurance Co. over a release imposed on employees whom it was shifting to independent contractor status.

  • January 27, 2015

    Insurer Not In Contempt In Hog Farm Odor Coverage Row

    An Illinois appeals court has reversed a lower court's finding that Country Mutual Insurance Co. Inc. was in indirect civil contempt for failing to comply with orders requiring it pay legal costs and fees in connection with an underlying suit regarding complaints over odors from a hog farm.

  • January 27, 2015

    Indiana Latest GOP State To Back ACA Medicaid Expansion

    Indiana became the latest state to expand Medicaid coverage under the Affordable Care Act for its low-income residents when state officials announced Tuesday federal approval to expand a state-run insurance program to cover more than 350,000 residents.

  • January 27, 2015

    Obama Officials Say House GOP’s ACA Suit Lacks Standing

    Officials in the Obama administration are accusing House Republicans of attempting to usurp executive power by filing a lawsuit challenging the implementation of certain Affordable Care Act provisions, including its employer mandate, urging a District of Columbia federal judge Monday to toss the suit for lack of standing.

  • January 27, 2015

    IRS Finalizes Regs On Nonprofit Insurer Tax-Exempt Requests

    The U.S. Department of the Treasury and Internal Revenue Service released final regulations Tuesday authorizing the IRS to determine how qualified nonprofit health insurance issuers operating under the Affordable Care Act can apply for tax-exempt status.

  • January 27, 2015

    EHealth Accused Of Failing To Warn Investors Of Shortfall

    San Francisco Bay Area-based online health insurance marketplace eHealth Inc. was slapped with an investor class action on Monday claiming the company misled investors by pushing optimistic projections despite knowing a shortfall of revenue was imminent.

  • January 26, 2015

    Continental Owes $16.5M In Dental Malpractice Row, Jury Says

    A Washington federal jury on Friday hit Continental Casualty Co. with a $16.5 million verdict for negligently handling hundreds of dental malpractice claims, treating them individually instead of pursing a global settlement that could have avoided a $35.2 million arbitration judgment.

  • January 26, 2015

    Investors Want $21M Insurance Beef In Art Swindle Revisited

    A group of art investors has urged the U.S. Supreme Court to reverse a district court's refusal to clarify or enforce its order dismissing a dispute with an AXA SA subsidiary over coverage for $21.6 million in losses from a notorious gallery swindle, saying the insurer was improperly allowed to dodge coverage in an identical state court suit.

  • January 26, 2015

    Ohio Sues Feds Over ACA-Mandated Reinsurance Payments

    Ohio’s attorney general claims the Department of Health and Human Services has overstepped its legal and constitutional bounds by collecting millions in what amounts to a tax from states for an Affordable Care Act program.

  • January 26, 2015

    Insurer Says Oil Well Co. Not Covered For $23M Blowout Suit

    Evanston Insurance Co. sued a well operations consultant in Louisiana federal court Monday, saying policies it issued to the company won't cover a $23 million suit claiming the company’s negligence caused a July 2012 well blowout because the claims were filed too late or otherwise excluded.

  • January 26, 2015

    Insurer Can't Escape Health Benefit Co.'s Coverage Suit

    A Louisiana federal judge on Friday rejected a Lloyd's of London underwriter's bid to dismiss claims that it abandoned its duty to cover a health care benefit manager in a proposed class action, ruling that the relevant insurance policy is unambiguous and that a claim was made against the insured during the policy period.

  • January 26, 2015

    Insurance Group Of The Year: Dickstein Shapiro

    Dickstein Shapiro LLP's insurance practice won key rulings last year for an NRG Energy Inc. unit in litigation over coverage for a U.S. Environmental Protection Agency suit and secured a $1.6 million jury verdict in a Superstorm Sandy dispute, making it a Law360 Insurance Group of the Year.

  • January 26, 2015

    KBR Seeks 10th Circ. Rehearing in $2M Pipeline Pollution Row

    Kellogg, Brown & Root LLC on Friday said the Tenth Circuit had improperly discounted its arguments that an agreement with a construction company, which indemnified it from $2 million in claims arising from work on a Texas pipeline, satisfied the Lone Star state’s fair-notice requirement, and reiterated its bid for a rehearing.

  • January 26, 2015

    IRS Waives Penalties For Not Repaying Insurance Tax Credits

    The Internal Revenue Service said Monday it will waive for one year penalties on taxpayers who received more tax credits to pay for health insurance than they were owed and who do not repay the excess by the tax filing deadline.

Expert Analysis

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Pa. Superior Court Should Change Its Publishing Policy

    Robert N. Feltoon

    Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.

  • 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 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.