Whether securing Imo Industries Inc. coverage for tens of thousands of asbestos claims or guiding Pennsylvania State University through the insurance fallout from a sex abuse scandal, Kasowitz Benson Torres & Friedman LLP was a thorn in the insurance industry's side in 2014, cementing its place among Law360's Insurance Practice Groups of the Year.
A powerful winter storm hammered New England and other parts of the Northeast with heavy snow and whipping winds beginning on Monday, leaving some companies vulnerable to losses from repair and replacement costs and business interruption. Here, attorneys share tips for policyholders to secure the maximum possible recovery for storm-related losses.
An Oregon federal judge on Tuesday dismissed a construction company’s breach of contract claim against Chartis Specialty Insurance Co. over the insurer’s attempt to skirt coverage for defects at a Portland condominium complex, finding there are no damages stemming from any breach of the insurance policy.
A California appeals court on Tuesday upheld a trial court's finding that it lacked jurisdiction over Auto-Owners Insurance Co. in a suit brought by a California resident over insurance purchased for a rental property in Arkansas, because the suit stemmed from incidents that occurred in Arkansas.
RXR Realty is close to reaching a deal to pay more than $1 billion for a New York office property, while San Diego is said to be buying a downtown property for $91 million and Mirae Asset Global Investments has reportedly scored $267 million in financing for a recent Washington, D.C., purchase.
The Tenth Circuit on Tuesday remanded a long-running dispute between ConAgra Foods Inc. and Kraft Foodservice Inc. and Americold Logistics LLC over a 1994 agreement that gave the food companies access to Americold's insurance policies, saying Americold hadn't established diversity jurisdiction.
The U.S. Equal Employment Opportunity Commission has told the Third Circuit that the U.S. Supreme Court's MacLean ruling bolsters its bid to revive a lawsuit targeting Allstate Insurance Co. over a release imposed on employees whom it was shifting to independent contractor status.
An Illinois appeals court has reversed a lower court's finding that Country Mutual Insurance Co. Inc. was in indirect civil contempt for failing to comply with orders requiring it pay legal costs and fees in connection with an underlying suit regarding complaints over odors from a hog farm.
Indiana became the latest state to expand Medicaid coverage under the Affordable Care Act for its low-income residents when state officials announced Tuesday federal approval to expand a state-run insurance program to cover more than 350,000 residents.
Officials in the Obama administration are accusing House Republicans of attempting to usurp executive power by filing a lawsuit challenging the implementation of certain Affordable Care Act provisions, including its employer mandate, urging a District of Columbia federal judge Monday to toss the suit for lack of standing.
The U.S. Department of the Treasury and Internal Revenue Service released final regulations Tuesday authorizing the IRS to determine how qualified nonprofit health insurance issuers operating under the Affordable Care Act can apply for tax-exempt status.
San Francisco Bay Area-based online health insurance marketplace eHealth Inc. was slapped with an investor class action on Monday claiming the company misled investors by pushing optimistic projections despite knowing a shortfall of revenue was imminent.
A Washington federal jury on Friday hit Continental Casualty Co. with a $16.5 million verdict for negligently handling hundreds of dental malpractice claims, treating them individually instead of pursing a global settlement that could have avoided a $35.2 million arbitration judgment.
A group of art investors has urged the U.S. Supreme Court to reverse a district court's refusal to clarify or enforce its order dismissing a dispute with an AXA SA subsidiary over coverage for $21.6 million in losses from a notorious gallery swindle, saying the insurer was improperly allowed to dodge coverage in an identical state court suit.
Ohio’s attorney general claims the Department of Health and Human Services has overstepped its legal and constitutional bounds by collecting millions in what amounts to a tax from states for an Affordable Care Act program.
Evanston Insurance Co. sued a well operations consultant in Louisiana federal court Monday, saying policies it issued to the company won't cover a $23 million suit claiming the company’s negligence caused a July 2012 well blowout because the claims were filed too late or otherwise excluded.
A Louisiana federal judge on Friday rejected a Lloyd's of London underwriter's bid to dismiss claims that it abandoned its duty to cover a health care benefit manager in a proposed class action, ruling that the relevant insurance policy is unambiguous and that a claim was made against the insured during the policy period.
Dickstein Shapiro LLP's insurance practice won key rulings last year for an NRG Energy Inc. unit in litigation over coverage for a U.S. Environmental Protection Agency suit and secured a $1.6 million jury verdict in a Superstorm Sandy dispute, making it a Law360 Insurance Group of the Year.
Kellogg, Brown & Root LLC on Friday said the Tenth Circuit had improperly discounted its arguments that an agreement with a construction company, which indemnified it from $2 million in claims arising from work on a Texas pipeline, satisfied the Lone Star state’s fair-notice requirement, and reiterated its bid for a rehearing.
The Internal Revenue Service said Monday it will waive for one year penalties on taxpayers who received more tax credits to pay for health insurance than they were owed and who do not repay the excess by the tax filing deadline.
At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.
Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.
While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.
After the Minnesota Supreme Court's recent ruling in Cedar Bluff Townhouse Condominium Association v. American Family Mutual Insurance Co., to avoid having an appraisal panel decide issues of coverage, which are still subject to later judicial review, parties need to resolve coverage issues before submitting disputes to appraisal, says Scott Johnson of Robins Kaplan LLP.
We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)
In seeking comment on potential risks to the U.S. financial system created by asset managers including investment advisers, insurance companies and private funds, the Financial Stability Oversight Council again places these institutions in its crosshairs, but the FSOC’s latest effort to explore the issue through crowdsourcing should not be ignored, say Jay Baris and Oliver Ireland of Morrison & Foerster LLP.
As recent case law demonstrates, attempts to use the power to indemnify directors and officers as a strategic weapon against minority shareholders may backfire, causing the corporation to pay legal fees for all combatants. Meanwhile, practitioners who believe they understand the New York rules on indemnification may be startled by how much of this area is controlled by statute, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.
Recent interviews with law departments in eight companies — ranging from $600 million to $70 billion in annual revenue, and spanning the financial services, telecommunications, hospitality, software and discrete manufacturing industries — reveals that e-billing and "spend management solutions" offer some of the clearer business cases for technology investment by an organization’s legal department, says David Houlihan of Blue Hill Research Inc.
The Wisconsin Supreme Court's ruling in Wilson Mutual Insurance Co. v. Falk, which holds that manure contaminating a well is a “pollutant” and is not covered under a farm's general liability insurance policy, should prompt policyholders to understand how a policy defines pollutant. The case may be informative in states that have yet to hear a similar case, say attorneys at Michael Best & Friedrich LLP.
A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.