• July 25, 2014

    6th Circ. Pushes Excess Carriers To Monitor Primary Denials

    The Sixth Circuit recently put an excess insurer on the hook for IMG Worldwide Inc.'s nearly $8 million defense bill in litigation over a failed real estate project, a decision that sends a warning to excess carriers with similar policy language to closely scrutinize primary carriers' coverage denials or else face unexpected costs.

  • July 25, 2014

    Fla.'s Same-Sex Marriage Ban Struck Down By 2nd Court

    A Florida judge on Friday struck down the state's ban on same-sex marriage and ordered Miami-Dade County to allow the unions, saying the ban violates the U.S. Constitution's due process and equal protection clauses, but stayed her order pending possible appeals.

  • July 25, 2014

    Urban, Insurer Urge 3rd Circ. To Revive IP Coverage Appeal

    Urban Outfitters and OneBeacon America Insurance Co. on Thursday urged the Third Circuit to reconsider whether they could yet appeal a decision that Hanover Insurance Co. didn’t have to defend the retailer in a Navajo Nation copyright suit, saying the court has held that such rulings are immediately appealable.

  • July 25, 2014

    No Need To Hold Up TRW Health Benefits Fight, Retirees Say

    A pending U.S. Supreme Court case over retiree health care benefits shouldn't block TRW Automotive Holdings Corp.'s bid for rehearing in a separate health benefits class action because the union contracts underlying each case are different, the TRW plaintiffs told the Sixth Circuit on Thursday. 

  • July 25, 2014

    Liberty Mutual Dodges Coverage In SC Construction Case

    A South Carolina appeals court on Wednesday upheld a lower court’s ruling that Liberty Mutual Fire Insurance Co. has no duty to defend a building contractor accused of faulty installation of insulation, finding a property damage policy exclusion applies to the underlying claims.

  • July 25, 2014

    Hospital System Alleges Insurer Withheld Medicare Payments

    Susquehanna Health System on Thursday sued American Progressive Life and Health Insurance Co. of New York in Pennsylvania federal court, alleging it breached an agreement by withholding 2 percent of all Medicare Advantage PPO reimbursements it was required to pay Susquehanna.

  • July 25, 2014

    Feds Set ACA Tax Credit Exceptions, Fine Caps

    The Internal Revenue Service has issued a slew of new Affordable Care Act rules to clarify its tax credit policy for various household situations and establish caps for the fines individuals and families will face if they fail to purchase Affordable Care Act-compliant health insurance this year.

  • July 25, 2014

    NY Developer Appeals Sandy Flood Limit Ruling

    A Manhattan real estate developer has challenged a New York state judge's holding in a case of apparent first impression that a $5 million limit for flood losses applies to its claim for construction delays stemming from Superstorm Sandy, arguing that Zurich American Insurance Co.'s $7 million sublimit was the proper cap.

  • July 25, 2014

    Ambac Finalizes Bond Settlement Ahead Of Detroit Plan Trial

    Bond insurer Ambac Assurance Corp. on Friday unveiled details of a settlement with Detroit over the bankrupt city’s treatment of limited tax-general obligation bonds, reporting it will see a minimum 34 percent recovery that could rise if the city successfully voids a disputed $1.5 billion borrowing.

  • July 25, 2014

    XL Asks 11th Circ. To Excuse It From $4.9M Piedmont Deal

    XL Specialty Insurance Co. urged the Eleventh Circuit to rule that it isn't required to pay for a $4.9 million settlement in a shareholders class action concerning former client Piedmont Office Realty Trust Inc. because it never consented to the agreement.

  • July 25, 2014

    Insurer Sues To Duck Malpractice Coverage For Atty's Widow

    The Bar Plan Mutual Insurance Co. filed suit Thursday in New Mexico federal court alleging it is not liable for defending deceased lawyer Nicholas Pica’s wife in a suit targeting her over his allegedly negligent legal services.

  • July 24, 2014

    NJ Law Firm Adds Named Partner With Maloof Lebowitz Split

    Insurance defense expert Jack Maloof, a named partner with Maloof Lebowitz Connahan & Oleske PC, will depart the firm with two associates to join New Jersey-headquartered Braff Harris & Sukoneck, which will soon become Braff Harris Sukoneck & Maloof, attorneys said Thursday.

  • July 24, 2014

    BofA Customers Lose Bid To Revive Insurance Fee Suit

    The Ninth Circuit on Thursday affirmed the dismissal of a putative class action alleging Bank of America and an affiliate enrolled and charged bank customers for accidental-death insurance without consent, saying the plaintiffs didn't state a plausible claim for relief or detail their fraud-based claims.

  • July 24, 2014

    RBS Securities Can't Duck CUNA Mutual's MBS Suit

    A Wisconsin federal judge refused Wednesday to dismiss CUNA Mutual Group's suit against RBS Securities Inc., saying the insurer may have been justified in dragging its heels on some claims that the investment bank overhyped its mortgage-backed securities.

  • July 24, 2014

    Law Firm, Business Leaders Join To Urge TRIA Extension

    Nearly 120 top executives at law firms and major corporations have urged U.S. House Republican leaders to follow the Senate's lead and swiftly pass legislation to maintain a federal terrorism reinsurance program that is set to expire at the end of the year.

  • July 24, 2014

    Dodd-Frank Architect Says Law Can Adapt To The Times

    Although the Dodd-Frank Act has come under fire from critics on all sides of the financial regulatory reform debate, one of the law's key architects told Law360 that it provides more than enough flexibility for regulators to fix problems as they arise. This is Part 5 of a five-part series on the four-year anniversary of the Dodd-Frank Act.

  • July 24, 2014

    Professional Liability Pro Rejoins Kaufman Dolowich In NJ

    A one-time Kaufman Dolowich & Voluck LLP attorney who specializes in professional liability defense for law firms as well as parties in the insurance, real estate and financial services industries has rejoined the firm from The Gonzo Law Group LLC, Kaufman Dolowich announced Wednesday.

  • July 24, 2014

    Ohio Pays $420M To Settle Workers' Comp Premium Case

    The Ohio Bureau of Workers’ Compensation said Wednesday it would pay $420 million to settle a class action accusing the agency of overcharging for workers’ compensation premiums during a seven-year period.

  • July 24, 2014

    Berkshire Unit Needn't Arbitrate Asbestos Coverage Rows

    A New York federal judge has refused to force a Berkshire Hathaway Inc. subsidiary to arbitrate disputes under Transatlantic Reinsurance Co.'s reinsurance agreements covering American International Group Inc. insurers' asbestos liabilities.

  • July 24, 2014

    NY Prosecutor's Charter Jet Ride Broke Rules, Watchdog Says

    New York's public ethics watchdog said Wednesday that a veteran prosecutor broke the rules by accepting travel on a jet chartered by opposing counsel in the state's fraud case against former American International Group Inc. CEO Maurice “Hank” Greenberg but issued no penalty.

Expert Analysis

  • Your D&O Insurance Policy Post-Halliburton

    Roberta D. Anderson

    The U.S. Supreme Court decision in Halliburton Co. v. Erica P. John Fund may significantly increase defense costs at and prior to the class certification stage, so companies may wish to carefully consider their directors and officers insurance program and confirm that their policies would respond to cover expert witnesses and “event study” expenses, says Roberta Anderson of K&L Gates LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Unconventional Cyber Case Gets Md. High Court's Attention

    Lon A. Berk

    While the focus on personal injury coverage has been on whether it protects against hacking events, little concern has been expressed regarding whether that coverage protects against other types of breach of privacy claims that might occur as a result of everyday cyberactivities — Springer v. Erie Insurance Exchange provides an example of just such a claim, say attorneys at Hunton & Williams LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • 6th Circ. Errs In Conflating Primary With Excess Insurance

    Richard C. Mason

    The Sixth Circuit’s IMG Worldwide v. Westchester Fire Insurance Co. decision needlessly eliminates consumer choice — and promises to increase declaratory judgments by excess insurers who heretofore had not needed to preemptively involve the courts, says Richard Mason, co-chairman of Cozen O’Connor PC's professional liability insurance coverage and reinsurance practices.

  • Handling Hurricane Insurance Claims Post-Sandy

    Christopher C. Loeber

    With the second anniversary of Superstorm Sandy approaching, if a company has not resolved all of its Sandy-related claims by October the opportunity could be lost forever, say Christopher Loeber and Michael DiCanio of Lowenstein Sandler LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.