• May 28, 2015

    OneBeacon Owes $5.4M Damages In Olin Cleanup Row

    A New York federal judge on Thursday awarded Olin Corp. $5.4 million in a dispute with OneBeacon American Insurance Co. over environmental cleanup costs at a New Jersey site, after denying OneBeacon's request for trial to determine the amount because standard pro rata allocation method applied.

  • May 28, 2015

    Blue Cross Sued For Denying Gilead Hep C Drug Coverage

    Blue Cross and Blue Shield of Florida Inc. wrongfully denied policyholders Gilead Sciences Inc.’s newly approved yet expensive treatment for hepatitis C, according to a putative class action filed Wednesday in Florida federal court.

  • May 28, 2015

    Hartford Urges Calif. Justices To Let It Sue Squire Patton

    Hartford Casualty Insurance Co. told the California Supreme Court Thursday that it should be able to sue Squire Patton Boggs LLP directly to recover some of the $15 million it paid the firm to independently defend a policyholder, asserting that legal precedent and common law permit such an action.

  • May 28, 2015

    DC Circ. Ruling A Death Knell For IRS Retrocession Tax

    The D.C. Circuit's holding Tuesday that the IRS may not collect an excise tax on retrocession policies between two foreign reinsurers leaves little room for the agency to salvage a policy seen by many as a vast overreach, experts said.

  • May 28, 2015

    Del. Court Asks NY For Help With Asbestos Insurance Case

    The Delaware Supreme Court certified two questions Thursday to the New York Court of Appeals that arose in a 10-year-old battle over excess insurance coverage for asbestos injury claims against Viking Pump Inc. and Warren Pumps LLC.

  • May 28, 2015

    9th Circ. Says ERISA Appeal Period Can't End On Weekend

    The Ninth Circuit on Thursday revived a former Federal Express Corp. worker’s Employee Retirement Income Security Act suit seeking long-term benefits, setting precedent that appeals sent on a Monday are still timely when the 180-day pre-suit administrative appeals period ends on a weekend.

  • May 28, 2015

    Ex-NY Senate Leader Skelos, Son Indicted In Corruption Case

    A New York federal grand jury on Thursday slapped state Sen. Dean Skelos, a former Republican majority leader, and his son with a six-count indictment, including a new allegation that the younger Skelos made more than $100,000 from a medical malpractice insurer through a no-show job.

  • May 28, 2015

    Judge Suspicious Of White House Bid To Kill House ACA Suit

    A D.C. federal judge appeared hostile Thursday to the Obama administration's bid to scrap a constitutional lawsuit from House Republicans over allegedly unauthorized Affordable Care Act spending, regularly questioning the U.S. Department of Justice's assertions during oral arguments that the lawmakers lack standing.

  • May 28, 2015

    Ironshore Formally Nixes IPO Plans For $1.8B Fosun Deal

    Private equity-backed Ironshore Inc. formally withdrew plans for an initial public offering Thursday, after the U.S. insurance group inked a $1.83 billion buyout by Fosun International Ltd., its largest shareholder.

  • May 28, 2015

    Patterson & Sheridan Adds IP Partner To Houston Office

    Patterson & Sheridan LLP has strengthened its Houston office with the addition of a former Norton Rose Fulbright attorney who specializes in intellectual property litigation and serves clients in the technology, insurance and energy sectors.

  • May 28, 2015

    4th Circ. Backs Insurer In Appeal Over Kickback Case

    Starr Indemnity & Liability Co. successfully fought off an appeal from a federal contractor embroiled in a $31 million kickback scheme, after a Fourth Circuit panel affirmed Starr isn’t responsible for insurance claims by the contractor Wednesday.

  • May 27, 2015

    Pa. Justices Narrow Employer Liability Exclusions

    The Pennsylvania Supreme Court recently brought the commonwealth in line with most other jurisdictions regarding the scope of an employer's liability exclusions by sharply limiting insurers' ability to use a 50-year-old precedent to bar coverage for those sued by an employee of another company insured under a policy.

  • May 27, 2015

    US Can't Nix Insurers’ $96M Suit Over Libyan Terrorist Attacks

    The U.S. government must face claims that it blocked certain underwriters at Lloyd’s of London and other insurers from recovering $96 million from Libya for sponsoring two terrorist attacks in the 1980s, the Court of Federal Claims ruled Tuesday.

  • May 27, 2015

    Shareholders Fight Dismissal In Genworth Delayed IPO Suit

    Shareholders in a proposed class action accusing Genworth Financial of lying to investors about a planned 2012 public offering struck back at a motion to dismiss in New York federal court on Tuesday, saying the company misled them even if it claims its statements were factually true.

  • May 27, 2015

    NY Appeals Court Frees Insurance Agent From Sandy Claims

    A New York state appeals court on Wednesday said residents of beachfront condos damaged in Superstorm Sandy can't sue an insurance agent as officers are not bound by corporate contracts, in a decision affirming a lower court's ruling.

  • May 27, 2015

    Insurers Fight Asbestos Coverage Ruling At Del. High Court

    The Delaware Supreme Court heard appeals Wednesday from both sides in a 10-year-old battle over excess insurance coverage for asbestos injury claims against Viking Pump Inc. and Warren Pumps LLC, with the insurers challenging lower courts’ allocation decisions and the pump companies disagreeing with which so-called exhaustion theory should apply.

  • May 27, 2015

    UPMC Can't Ax Medicare Advantage Deals, Pa. Judge Told

    A Pennsylvania appellate judge was urged Wednesday to find that the University of Pittsburgh Medical Center could not ax its Medicare Advantage contracts with Highmark Inc. under the terms of a state-brokered agreement aimed at protecting seniors from the ongoing feud between the two rivals.

  • May 27, 2015

    NY Assembly Approves Universal Health Care

    After two hours of intense debate on Wednesday, the New York Assembly opted to pass legislation that will provide universal health care to all state residents through a system financed by income taxes.  

  • May 27, 2015

    1st Circ. Revives Insurance Suit Despite Missing Policy

    The First Circuit on Wednesday reversed the dismissal of a private middle school’s suit seeking coverage of a claim dating back to 1967 under a policy issued by New Hampshire Insurance Co., even though there's no definitive proof that the policy ever existed.

  • May 27, 2015

    Ocwen, Assurant Say $140M Forced-Placed Deal Is 'Generous'

    Ocwen Financial Corp. and Assurant Inc. on Tuesday fired back at objections to an "extremely generous" $140 million putative class action settlement in Florida federal court in a suit alleging the mortgage borrower inflated force-placed insurance premiums to provide kickbacks to the insurer.

Expert Analysis

  • Persuasive Experts At Trial: 3 Times A Charm

    Nancy J Geenen

    Attorneys spend significant hours finding, vetting and legally qualifying subject matter experts who will offer the opinion that supports the client’s “truth.” The expert spends considerable time as well — from research and analysis to issuing the report and defending the opinion at deposition. These pretrial skills do not necessarily translate to persuasive testimony at trial, say Nancy Geenen and Suann Ingle of Suann Ingle Associates LLC.

  • Indiana Supreme Court Shows Limits Of 'All Sums' Allocations

    Scott M. Seaman

    The Indiana Supreme Court reminded us recently, in Thomson Inc. v. Insurance Co. of North America, that, even in jurisdictions with law applying an "all sums" allocation, there are substantial limitations on the "all sums" approach and a pro rata allocation nonetheless may be applied, says Scott Seaman at Hinshaw & Culbertson LLP.

  • Could This Case Change The Cyberinsurance Landscape?

    Daniel S. Marvin

    With the emergence of stand-alone cyberinsurance policies, there was little doubt that courts would ultimately be called upon to weigh in on their scope of coverage. Now, that time may have finally come in an apparent case of first impression in Columbia Casualty Co. v. Cottage Health System, say Daniel Marvin and Robert Stern of Stern & Montana LLP.

  • Watch What You Say About Insurance Claims

    Robert D. Helfand

    A recent South Dakota case, Andrews v. Ridco Inc., is a clear reminder that communications about proposed changes to claims practices require just as much scrutiny and care as the proposed changes themselves, says Robert Helfand of Carlton Fields Jorden Burt.

  • New Mexico High Court Ruling May Make Indian Country Safer

    Troy A. Eid

    The New Mexico Supreme Court ruling in Loya v. Gutierrez may make it easier for counties to obtain insurance coverage for tribal police officers who voluntarily enforce state drunk driving and other laws on highways crossing tribal lands, thereby enhancing public safety for Native Americans and non-Indians alike, says Troy Eid, a shareholder at Greenberg Traurig LLP who serves on the Tribal Issues Advisory Committee of the U.S. Sen... (continued)

  • Insurance Risks Surrounding Legal Cannabis

    John G. Nevius

    For companies engaged directly in cannabis-related business, the starting point in this nascent industry is identifying the risks and rewards present. Identifying these risks, particularly for employees, doctors and dispensaries, can be difficult when insurance laws dramatically vary among the states, says John Nevius of Anderson Kill PC.

  • When Do NY Certificates Of Insurance Count As Coverage?

    Joseph Jean

    Despite the general rule in New York that certificates of insurance do not confer coverage, a recent decision from the New York County Supreme Court serves as a reminder that there might still be options to acquire recovery, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • Smart Grids Require Smarter Utilities: Preventing Breaches

    Jeremy Susac

    Although programmable, Wi-Fi-enabled thermostats may significantly reduce energy costs, they may inadvertently increase utilities’ exposure to liability and lawsuits by creating a vulnerability that leads to a data breach. Utilities should take steps to mitigate their risk through a Prevent Energy Breach And Liability Agreement or a cyber captive insurance program, say Jeremy Susac and Steven Weber of Berger Singerman LLP.

  • The NJ High Court Case That Could Recast NJ Insurance Law

    William F. Stewart

    Although the New Jersey Supreme Court made no new law on substantive coverage issues in Occhifinto v. Olivo Construction Co., a colorable argument can be made that Occhifinto is the most important New Jersey insurance case in more than a decade. The court’s procedural holdings are likely to impact if, how, when, by whom and where, coverage cases are litigated, says William Stewart of Stewart Bernsteil Rebar Smith.

  • Why More Restaurants Should Purchase Cyberinsurance

    J. Wylie Donald

    P.F. Chang’s China Bistro, the Dairy Queen and Jimmy John’s are just a few of the restaurants that have fallen victim to hackers. However, Marsh reports that only 26 percent of its hospitality and gaming clients purchased standalone cyberinsurance in 2014. One reason for this may be that cyberinsurance is one of the more confusing lines of coverage to navigate, say J. Wylie Donald and Jennifer Black Strutt of McCarter & English LLP.