• August 26, 2016

    Ex-Dallas Stars Pro Sues NHL For Denied Disability Benefits

    Former Dallas Stars hockey player Aaron Rome has sued the National Hockey League and his insurance provider alleging they intentionally mishandled his disability claim and wrongfully denied him benefits after he sustained a career-ending injury, according to a suit that was removed to Texas federal court Friday.

  • August 26, 2016

    Lexington Pushes For Win In Pitt Construction Coverage Row

    Lexington Insurance Co. on Friday asked a New York federal judge to rule that it doesn't have to cover claims tied to delays on a $40 million project on the University of Pittsburgh campus, asserting that its policyholder, the architect in charge, failed to provide timely notice of a potential claim.

  • August 26, 2016

    AXA Investor Fees Didn't Breach Fiduciary Duty, Judge Says

    AXA Equitable Life Insurance Co. beat two consolidated class actions challenging its allegedly excessive mutual fund management fees Friday when a New Jersey federal judge found the investors’ effort to prove the board members exercised poor oversight over the fees was marred by questionable testimony.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    Insurer Mostly Cleared In Day Care Suit Over Fighting Kids

    A Delaware judge on Friday severely limited an insurer's exposure to fallout from an incident in which toddlers at a day care center were videotaped brawling with each other, saying that there “is no room for outrage or sympathies” in insurance contract interpretation.

  • August 26, 2016

    6th Circ. Says Food Co. Can't Evade Policy's TM Exclusion

    The Sixth Circuit rejected food supplier S. Bertram Inc.'s bid for defense coverage in a competitor's trademark suit, holding Friday that the underlying action alleges only intellectual property infringement, which is excluded under Bertram's policy with Citizens Insurance Co. of America.

  • August 26, 2016

    Exclusion Axes Anda's 'Pill Mill' Coverage, 11th Circ. Says

    The Eleventh Circuit on Friday affirmed a lower court's holding that two Travelers insurers don't have to defend Anda Inc. in West Virginia's lawsuit alleging that it contributed to a prescription drug abuse epidemic, finding that the insurer's policies clearly exclude coverage for claims tied to Anda's pharmaceuticals.

  • August 26, 2016

    Pa. Judge Urged To Preserve Coverage For Building Collapse

    A Pennsylvania judge was urged in a set of briefs filed Wednesday and Thursday to preserve coverage for claims arising from a fatal Philadelphia building collapse despite allegations that a demolition contractor made material misrepresentations on his insurance application.

  • August 26, 2016

    Judge Says AIG's $306M Fight With IRS Belongs Before Jury

    U.S. District Judge Louis L. Stanton teed up American International Group's $306 million fight with the IRS for a spring trial Friday, openly rooting against a settlement in favor of letting a Manhattan jury decide whether the financial giant's deals with foreign banks had "economic substance" or whether they were merely designed to dodge taxes.

  • August 26, 2016

    Bird Poop Condo Coverage Invalid, Insurer Says

    An insurer of a condo association and property manager told an Arizona federal judge on Thursday that it has no obligation to help defend a lawsuit by a condo owner who said she got sick from bird poop that piled up near her unit because of an exclusion in a policy.

  • August 25, 2016

    No Coverage For Fatal Explosion, Insurers Tell 6th Circ.

    A pair of insurers urged the Sixth Circuit on Thursday to uphold a ruling that they don't have to defend a project engineering firm in a lawsuit over a fatal explosion at a wastewater treatment plant where it supervised upgrades, asserting that an exclusion for claims stemming from the firm's professional services clearly bars coverage.

  • August 25, 2016

    US Cyber Insurance Policy Market Hits $1B, Report Says

    The market for cyber insurance policies in the U.S. totaled about $1 billion in written premiums in 2015, with American International Group Inc. holding the largest market share, according to a new Fitch Ratings Inc. report released on Wednesday.

  • August 25, 2016

    26 Companies Can't Wade Into Blue Cross Antitrust Suit

    Twenty-six self-insured companies that got the Sixth Circuit to vacate a $30 million settlement resolving class action antitrust claims against Blue Cross Blue Shield of Michigan cannot intervene as the matter proceeds on remand, a federal judge held Thursday, saying the litigation wasn’t remanded to reconsider a previously denied intervention request.

  • August 25, 2016

    Coverage Denial Bid Off And Running In Texas Track Dispute

    A Texas federal court found Thursday that Cincinnati Specialty Underwriters Insurance Co. can move forward with its claim it has no duty to indemnify or defend a subcontractor facing suit for mismarking a high school running track.

  • August 25, 2016

    $29M D&O Deal Needs Another Look, Mont. Justices Say

    Montana's highest court has again asked a lower court to re-evaluate whether a $29 million settlement between directors at Tidyman's Management Services Inc. and shareholders protesting a merger was reasonable, after previously ruling that an American International Group insurer breached its duty to defend the executives in the litigation.

  • August 25, 2016

    Home Schematic Suit Deal Warrants Coverage, 11th Circ. Told

    A construction design company accused of stealing a rival’s schematic plans for houses and selling them as its own told the Eleventh Circuit Wednesday that a Florida judge’s decision to let Mid-Continent Casualty Co. escape coverage of that dispute’s ultimate settlement was an error.

  • August 25, 2016

    Competition Policy Bumps Up Against Health Care Reform Law

    Aetna recently pulled out of several Affordable Care Act marketplaces, citing the financial blow of the government’s decision to block its $37 billion purchase of Humana, and experts said it was the latest sign that antitrust enforcement can work at cross-purposes to the health care reform law.

  • August 25, 2016

    Insurer Calls Bid To Toss Trade-Secrets Suit A Contradiction

    USG Insurance Services Inc. again Wednesday urged a Pennsylvania federal judge to keep alive its trade-secrets suit alleging a former broker went beyond breaking his employee contract by poaching the company’s clients and defecting to a competitor, calling the competing company hypocritical for bringing the same claims in similar suits.

  • August 24, 2016

    Defunct Beauty School's Insurer Pays $13.5M To End FCA Row

    A defunct for-profit cosmetology school's insurance carrier paid $13.5 million to resolve False Claims Act allegations that the school helped students obtain sham high school diplomas in order to enroll at its locations and secure student loans for which they were not eligible, federal prosecutors said Wednesday.

  • August 24, 2016

    Prudential Pays $33M To End Unpaid-Policy Shareholder Suit

    Prudential Financial Inc. has agreed to pay $33 million to end a shareholder class action alleging the insurer's stock values tumbled when it revealed it had held onto money that should have been paid to policy beneficiaries or state unclaimed property funds, according to a settlement motion filed in New Jersey federal court Wednesday.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Litigation Privilege And Good Faith Under California Law

    Joan M. Cotkin

    Understanding the intersection between litigation privilege and the obligation of good faith and fair dealing can be tricky. In California, there is substantial case and statutory law immunizing bad faith communications, but a small sliver of bad faith conduct may still be actionable, according to Joan Cotkin and Steven Knott of Nossaman LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • 5 Insurance Issues To Consider In Tech Transactions

    Darren S. Teshima

    Technology services and software companies face a variety of insurance issues while negotiating licenses and other service agreements, particularly in this era of data breaches and cloud computing. There are five primary issues to keep in mind in order to safeguard company success, says Darren Teshima of Orrick Herrington & Sutcliffe LLP.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • Looking For Balance In Principle-Based Reserving

    Frederick J. Pomerantz

    Life insurers need to be competitive and profitable in the 21st century. But they also need to remain solvent and be able to meet their financial obligations. Principle-based reserving — which is being implemented in many states — may strike the balance that the industry and regulators are striving for, say Frederick Pomerantz and Aaron Aisen of Goldberg Segalla LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Zika In Florida: Hope For The Best, Plan For The Worst

    Jacob Jordan

    Zika has now spread to Miami Beach in Florida, revitalizing fears over what impacts the mosquito-borne disease may have on not only the population, but also the economy. Business and property owners in South Florida should check their insurance policies and also make sure to protect and inform customers, according to Jordan Jacob and Gina Clausen Lozier of Berger Singerman LLP.

  • High Court Inclusive Communities Ruling: 1 Year Later

    Franca Harris Gutierrez

    The U.S. Supreme Court’s recognition of disparate impact liability in Texas Department of Housing and Community Affairs v. Inclusive Communities Project last summer was consistent with the position long held by federal regulators. As the impact of Inclusive Communities continues to make its way through the courts and regulatory enforcement, two ongoing developments are worth highlighting, say attorneys at WilmerHale.