Insurance

  • April 29, 2016

    Oregon Tells 9th Circ. Immunity Blocks Oracle's IP Suit

    Oregon on Thursday urged the Ninth Circuit to reverse a district court's ruling that the state must face Oracle's copyright suit over allegedly not-paid-for work done on Oregon's health insurance exchange, arguing the state never waived its 11th Amendment immunity.

  • April 29, 2016

    National Indemnity Says Awards Should Be Enforced

    Berkshire Hathway's National Indemnity Co. urged a New York federal court to enforce an order confirming three arbitration awards in its favor over a $168 million insurance settlement dispute while a Brazilian reinsurer appeals the order to the Second Circuit.

  • April 29, 2016

    Manatt Lands Consumer Finance Partner From BuckleySandler

    Manatt Phelps & Phillips LLP has strengthened its financial services team with the addition of a former BuckleySandler LLP partner with more than two decades experience counseling and defending banks, lenders, retailers, insurers and other entities on a broad swath of litigation and enforcement matters.

  • April 29, 2016

    UnitedHealth Says Class Wouldn't Be Efficient In ERISA Suit

    A UnitedHealth Group Inc. unit on Thursday asked a California federal judge not to certify a class of plan holders who say they were improperly denied mental health and substance abuse treatments in violation of ERISA, as each claim would need to be handled on an individual level.

  • April 29, 2016

    Fla. Gov, CFO End Impasse, Appoint New Insurance Chief

    Florida Gov. Rick Scott and CFO Jeff Atwater finally ended their standoff over a new insurance commissioner and selected deputy commissioner David Altmaier for the job in a deal that will keep the outgoing commissioner in an advisory role for 60 days.

  • April 29, 2016

    Insurer Says It Needn't Cover $16.5M Hyatt Defect Battle

    Mt. Hawley Insurance Co. on Friday filed a suit in California federal court claiming that it has no duty to defend or indemnify a general contractor in a $16.5 million construction defect action filed by the developer of a Hyatt hotel, saying that multiple policy exclusions apply to bar coverage.

  • April 29, 2016

    9th Circ. Set To Mull Insurance Coverage For EPA Query

    The Ninth Circuit will hear arguments Monday on whether an information request issued by the U.S. Environmental Protection Agency constitutes a "suit" triggering an insurer's duty to defend, in a case that could have major implications for coverage battles over EPA probes into environmental pollution. Here, Law360 dives into the history of the case.

  • April 29, 2016

    Insurer Sued For $3.2M Over Delayed Hotel Construction

    A Maryland-based development group on Wednesday filed a suit claiming an Allied World Specialty Insurance Co. unit owed it $3.2 million after a construction company the insurer covered through a performance bond defaulted on a hotel building project, and that case was removed to Maryland federal court Friday.

  • April 29, 2016

    Tilton Scraps With AXIS Over $5M To Fund Bout With SEC

    Having blown through $20 million in three executive liability policies in a fight with the U.S. Securities and Exchange Commission, Lynn Tilton's Patriarch Partners LLC private equity firm went before a Manhattan federal judge Friday in a bid to secure $5 million in excess coverage from AXIS Insurance Co.

  • April 29, 2016

    Texas Appeals Court Nixes $8.7M Workplace Injury Win

    A Texas appeals court on Thursday reversed an $8.7 million judgment in favor of a man who was paralyzed in a Tractor Supply Co. of Texas LP warehouse incident, finding that because he was covered by workers' compensation insurance, the award should have been barred by law.

  • April 29, 2016

    Insurer Needn't Cover $3.4M Coal Plant Spat, 8th Circ. Says

    Fireman's Fund Insurance Co. didn't give up its ability to deny coverage for a $3.4 million arbitration award against a pollution control company over a botched coal-fired power plant upgrade, because the insurer timely reserved its rights to challenge coverage, the Eighth Circuit affirmed Friday.

  • April 29, 2016

    Memorabilia Co. Sues Insurers For Coverage Of Stolen Jerseys

    A New Jersey-based sports memorabilia company on Thursday slapped a trio of insurers with claims of negligence, breach of contract and bad faith after the group declined coverage of nearly $850,000 in stolen inventory from the company’s warehouse late last year.

  • April 28, 2016

    FDIC, Insurer Reach Deal To Avoid $4.5M WaMu Fraud Suit

    A Florida federal judge on Thursday dismissed the Federal Deposit Insurance Corp.’s lawsuit against First American Title Insurance Co. seeking to recover nearly $4.5 million from the title insurer for fraud committed against Washington Mutual Bank FSB, after the two sides reached a settlement late last week.

  • April 28, 2016

    Hotel Asks 5th Circ. To Rethink Ruling Denying Hail Coverage

    A Dallas hotel urged a panel of the Fifth Circuit on Thursday to reconsider a ruling that it isn't entitled to coverage for hail damage because it took years to notify its insurance carrier, asserting that the timing of the claim doesn't matter because the insurer's ability to conduct an investigation wasn't hampered.

  • April 28, 2016

    Arbitration Award Nixed In Multiband Repayment Dispute

    A Michigan federal judge on Wednesday nixed an arbitration award granted to Multiband Corp. in its dispute with two directors of a company it purchased who claimed Multiband breached its agreement to repay them for underlying litigation costs after the sale, finding that the arbitrator ignored key arguments.

  • April 28, 2016

    Fla. High Court Nixes Workers' Comp Law Atty Fee Formula

    The Florida Supreme Court on Thursday struck down the prevailing-party attorneys' fees provision of the state's workers' compensation law, ruling that the mandatory fee structure is an unconstitutional violation of a worker's due process rights.

  • April 28, 2016

    Broker Beats Trade Show Co.'s Appeal Over Insurance Woes

    A New York appellate court affirmed Wednesday that an insurance broker isn't liable for trade show manager Rockland Exposition Inc.'s inability to secure coverage for a trademark infringement suit, because Rockland had already violated its policy's timely notice requirement by the time it told the broker about the underlying action.

  • April 28, 2016

    House Passes Bill To Boost Private Flood Insurance Market

    The U.S. House of Representatives unanimously passed legislation Thursday intended to make it easier for privately underwritten flood insurance policies to satisfy the requirements for mandatory insurance on mortgaged homes in flood-prone areas, intended to open up competition in the flood insurance market.

  • April 28, 2016

    Liberty Seeks To Avoid Covering NJ Atty's Malpractice Suits

    Liberty Insurance Underwriters Inc. filed a suit in New Jersey federal court Wednesday seeking to void a coverage agreement for an East Orange, New Jersey, attorney facing malpractice claims, saying he failed to disclose relevant information about his potential malpractice liability in a 2013 insurance application.

  • April 28, 2016

    AIG Unit Says McGraw-Hill's IP Coverage Suit In Wrong Court

    An American International Group insurance unit asked an Illinois federal judge Wednesday to dismiss McGraw-Hill’s lawsuit over allegedly failed obligations by the insurer to cover the book publisher in underlying copyright infringement suits, saying the Illinois court lacks authority to hear the case since both businesses operate out of New York.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Developments At The NAIC Spring Meeting: Part 2

    Thomas M. Kelly

    In the second part of a three-part series highlighting some of the developments from the National Association of Insurance Commissioners' spring meeting, attorneys at Debevoise and Plimpton LLP take a look at international insurance issues, corporate governance, groupwide supervision and risk-based capital developments.

  • Parsing 'True Relief' In Florida's 4th District

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    In light of MYD Marine Distributor Inc. v. International Paint Ltd., a party with a case pending in a trial court in Florida's Fourth District Court of Appeal can no longer shield itself from exposure to attorneys’ fees by including a cause of action for nonmonetary damages when the “true relief” sought in litigation is monetary, says Cristina Cambo of Rumberger Kirk & Caldwell PA.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Aetna V. BASM: A Health Care War Over Costs And Contracts

    Carol K. Lucas

    The jury's verdict in Aetna Life Insurance v. Bay Area Surgical Management should not be read as a death knell for the health care industry’s out-of-network model. However, it represents a significant battle in an ongoing war between insurers trying to control costs and out-of-network providers who argue they cannot contract on reasonable terms, says Carol Lucas at Buchalter Nemer.

  • Developments At The NAIC Spring Meeting: Part 1

    Thomas M. Kelly

    This three-part series from attorneys at Debevoise & Plimpton LLP highlights some of the developments from the National Association of Insurance Commissioners' spring meeting that are of particular interest to the insurance industry. In this part, we take a look at life insurer, property/casualty insurer, captive reinsurance and cybersecurity developments.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • How New Fla. Health Care Laws May Create More Confusion

    Walter J. Taché

    While Florida's newly enacted Transparency in Health Care bill imposes important changes that will impact many entities involved in the health care system, it also leaves various issues to be defined by several state agencies, which could create new complications for those within the industry, say Walter Taché and Magda Rodriguez at Carlton Fields Jorden Burt PA.

  • 3 Takeaways From The Native American Finance Conference

    Kathleen M. Nilles

    At the Native American Finance Officers Association's recent annual conference tribal and government officials discussed ways tribal leaders can reduce taxes on tribal members without reducing income or benefits, uncertainty over the Affordable Care Act's new reporting requirements and the development of energy projects on tribal lands, say attorneys at Holland & Knight LLP.

  • Texas Hail Claims: Dealing With Multiple Disasters At Once

    David Winter

    North Texas recently experienced a series of significant hailstorms, bringing up issues commonly associated with insurance claims arising from multiple events over a short period of time, like how to calculate multiple deductibles and when to provide notice, says David Winter at Zelle LLP.