Insurance

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    State Farm, Others Should Face Antitrust Suit, 11th Circ. Told

    A group of Mississippi auto body shops urged the Eleventh Circuit on Monday to revive their claims that State Farm and other insurers conspired to manipulate car repair costs, asserting that a lower court either ignored or misconstrued the factual allegations in their complaint.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    Insurer Says Defective Concrete Suit Doesn't Trigger Policies

    Old Republic General Insurance Co. asked a federal court Monday to rule that it does not have to defend a Florida building company in a pending lawsuit over defective concrete it provided for a project, saying the policies it issued clearly exclude the client's claims.

  • July 26, 2016

    Firm Wants $64M Dickstein Malpractice Row In State Court

    The firm tapped by a beachwear company to collect a $64 million malpractice judgment against a former Dickstein Shapiro LLP partner urged a California federal judge on Monday to send its case seeking to compel Lloyd’s of London to cover the judgment back to state court.

  • July 26, 2016

    Insurer Asks Pa. Judge To Nix Building Collapse Coverage

    An insurance company has urged a Pennsylvania judge to void coverage for an amateur demolition contractor implicated in a fatal 2013 building collapse in Philadelphia, arguing the contractor obtained the policy only through fraud.

  • July 26, 2016

    Allstate Sued Over Car Crash Victims' Unpaid Medical Bills

    Allstate is being sued over allegations that it unlawfully refused to pay the medical bills of auto policyholders involved in car accidents unless they agreed to undergo physical examinations, according to a proposed class action removed to Pennsylvania federal court Tuesday.

  • July 26, 2016

    Wyo. Law Doesn't Nullify Lexington Policies, 10th Circ. Says

    A Wyoming law prohibiting oil and gas companies from shifting liability for their own negligence to others doesn't bar an oil rig owner from seeking coverage for an underlying personal injury settlement under Lexington Insurance Co. policies purchased by a site manager, the Tenth Circuit held Tuesday.

  • July 26, 2016

    Birth Control Mandate Limited To Religious Groups, HHS Says

    The U.S. Department of Health and Human Services told the Third Circuit on Monday that a secular anti-abortion nonprofit shouldn’t be exempt from providing health insurance covering contraception, arguing that a lower court rightly ruled that the group is not a religious organization and isn’t losing any fundamental rights.

  • July 26, 2016

    Insurer Sues EBay, Amazon Over Fire Damage At Home

    Erie Insurance Co. has sued eBay Inc. and Amazon.com Inc. in a suit removed to federal court on Monday over a fire that ravaged a home it insured, saying a headlight the two sold was responsible for the fire.

  • July 26, 2016

    DOL Blasts Insurer's Challenge To Fiduciary Rule Exemptions

    The U.S. Department of Labor has shot back in Kansas federal court at an insurance agency’s bid to nix exemptions to the department’s new fiduciary rule for financial professionals advising retirement accounts, saying an injunction would prolong ongoing harm to retirement investors.

  • July 25, 2016

    Hartford, Liberty Must Cover Spyware Suit, 9th Circ. Told

    An Aaron's franchisee urged the Ninth Circuit on Monday to reverse a Montana federal court's decision and rule that units of Liberty Mutual and The Hartford must provide coverage for a pair of actions accusing it of spying on customers through rental computers, arguing that the lower court wrongly applied a policy exclusion.

  • July 25, 2016

    Defendant Seeks DQ Of Insurer's Counsel In $180M RICO Suit

    One of several defendants named in insurer Boston Life and Annuity's $180 million conspiracy suit against Greenberg Traurig LLP, KPMG LLP and others asked a Florida federal court Monday to disqualify the insurer's counsel for previously representing him.

  • July 25, 2016

    Insurer's Pollution Exclusion Not Enforceable, Judge Says

    Old Republic Insurance Co. cannot assert a sweeping pollution exclusion in policies issued to the owner of a small Chicago-area airport to bar coverage for a regulatory action over environmental contamination, an Indiana federal judge ruled Monday, saying the exclusion is overly vague and therefore unenforceable.

  • July 25, 2016

    The Biggest Fla. Court Decisions Of 2016: Midyear Report

    The Florida Supreme Court gave workers and smokers a boost in the first half of 2016 as it scuttled parts of the state's workers' compensation law and made it easier for Engle progeny plaintiffs to seek punitive damages against tobacco companies, among other recent decisions that have made waves.

  • July 25, 2016

    Cigna Liable For Home Health Co. In FCA Suit, Relator Says

    A whistleblower accusing Addus Homecare and a Cigna Corp. subsidiary of Medicare and Medicaid fraud on Friday told an Illinois federal court that the insurer should be held responsible for the actions of its relatively new subsidiary, as the companies have been closely tied since before the 2013 purchase.

  • July 25, 2016

    Blue Cross Seeks New Trial In $26M Contract Suit

    Blue Cross Blue Shield of Louisiana has told a federal judge that it was entitled to either judgment in its favor or a new trial after a jury found in favor of Encompass Office Solutions, which claimed the insurer deprived it of $25 million in future revenue, because it brought the claims too late.

  • July 25, 2016

    Ironshore Can't Escape 23andMe Test Accuracy Coverage Spat

    A California federal judge on Friday ruled that Ironshore Specialty Insurance Co. can't lean on a contractual liability exclusion to bar genetic testing company 23andMe Inc.'s request for coverage of proposed class claims that its tests are inaccurate, but found that the insurer doesn't have to cover the company's costs to respond to a probe by Washington state.

  • July 25, 2016

    Lamorak Says Viking Order Warped In $87M Coverage Row

    Lamorak Insurance Co. told the Second Circuit Friday that Olin Corp. relies too heavily on and twists the words of a recent insured-friendly New York state appeals court decision as the chemical producer seeks to keep in place an $87.2 million coverage order for cleanup of a half-dozen contaminated sites.

Expert Analysis

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Contra Proferentem Doesn't Always Mean 'Against The Insurer'

    Paul Sullivan

    It makes little sense to apply the doctrine of contra proferentem to insurers where the contract language at issue has been agreed to by sophisticated parties, and it makes no sense at all to apply the doctrine to contract language drafted by a broker working on behalf of an insured, say Paul Sullivan and Jeffrey Gordon at Zelle LLP.

  • NY High Court's Ambac Decision Causes Litigation Confusion

    Savvas A. Foukas

    The New York Court of Appeals' recent decision in Ambac Assurance v. Countrywide Home Loans — limiting the common interest privilege — conflicts with the law of many other jurisdictions and creates significant uncertainties for commercial actors in subsequent litigation, say attorneys at Hughes Hubbard & Reed LLP.

  • REBUTTAL: NY Joins Everyone Else On Insurance Allocation

    John P. Winsbro

    Timothy Kevane’s recent Law360 guest article depicting the New York Court of Appeals' decision in Viking Pump as a “break” with an alleged nationwide “trend” toward pro rata allocation is totally at odds with the real trend of decisions finding noncumulation provisions incompatible with pro rata allocation, say John Winsbro and Elizabeth Sherwin at McKool Smith PC.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Va. District Court Shelters Insurers From Attys' Prior Acts

    Gary P. Seligman

    A Virginia district court recently enforced the validity of prior acts dates in legal malpractice policies by looking to the acts that gave rise to the liability, rather than to acts continuing the attorney-client relationship after the client’s cause of action had already accrued, say Gary Seligman and Laura Lee Miller at Wiley Rein LLP.

  • As Science Evolves, So Must Political Risk Insurance

    Zachary N. Lerner

    In recent years, traditional political risk insurance coverage has proved insufficient to address the increasing needs and specific risk factors of life sciences companies, giving surplus lines insurance markets the opportunity to craft new and unique forms of coverage, says Zachary Lerner at Locke Lord LLP.

  • NY's Latest Position On Unauthorized Insurance Co. Taxation

    Andrew D. Appleby

    The New York State Department of Taxation and Finance recently issued two advisory opinions determining that unauthorized nonlife insurance corporations are subject to insurance franchise tax instead of premium tax, a position that is arguably improper, says Andrew Appleby of Sutherland Asbill & Brennan LLP.