• October 6, 2015

    $109M PHH Fine Is Stretch Of Power, Chamber Tells DC Circ.

    The U.S. Chamber of Commerce on Monday filed an amicus brief supporting PHH Corp.'s D.C. Circuit bid to overturn a Consumer Financial Protection Bureau order that the lender must pay a $109 million penalty over a mortgage insurance kickback scheme, saying the order creates uncertainty and unfairness.

  • October 6, 2015

    Anderson Kill Fights Ex-Client's $30M Employee Insurance Suit

    Anderson Kill PC urged a New York appeals panel Tuesday to reject malpractice claims arising from a former client's $30 million battle with its insurer, saying even without the firm's heel-dragging, the client wouldn't have won coverage for a fired employee's stock option grab.

  • October 6, 2015

    Lexington Tells 2nd Circ. Collapsed Home Not Covered

    Lexington Insurance Co. urged the Second Circuit on Tuesday to uphold a jury verdict determining that its policy didn't cover the collapse of a house, contending that the homeowners' claim wasn't attributable to hidden decay or hidden insect damage as required by the policy.

  • October 6, 2015

    Attys Not Covered For Sanctions, Insurer Tells 11th Circ.

    ProSight-Syndicate on Monday told the Eleventh Circuit that it has no duty to indemnify two shareholders with West Palm Beach law firm Jones Foster Johnston & Stubbs, who were hit with a motion for sanctions in an underlying case, saying the policy explicitly doesn’t provide coverage.

  • October 6, 2015

    Akin Gump Nabs Seasoned Stroock Trial Attorney In Calif.

    Akin Gump Strauss Hauer & Feld LLP augmented its California team with an experienced trial advocate from Stroock & Stroock & Lavan LLP who specializes in defending insurers and trying complex commercial litigation, the firm announced on Tuesday.

  • October 6, 2015

    Freight Carrier Says Insurance Broker Left It Hanging

    A small Texas trucking company has sued its insurance broker in Texas state court for not forwarding premium payments to an insurer, leaving the carrier to face three claims over damaged or stolen cargo without coverage.

  • October 6, 2015

    Tenn. High Court Grants $16M Tax Refunds To Insurers

    The Tennessee Supreme Court has ruled that the state must refund more than $16 million of taxes paid under protest by five groups of Pennsylvania insurance companies, saying the state couldn’t impose a retaliatory tax on Pennsylvania workers’ compensation assessments.

  • October 6, 2015

    Mass. 'Discovery Rule' Doesn't Revive Water Damage Suit

    A Massachusetts appellate court held Monday that the state's "discovery rule," which prevents statutes of limitations for certain claims from running until the claimant discovers damage, doesn't apply to revive an apartment building owner's coverage lawsuit over water damage stemming from a burst pipe.

  • October 6, 2015

    Chiropractic Clinics Tried To Defraud Geico, Suit Says

    Geico sued a Massachusetts chiropractic and sports injury clinic and related entities Monday in federal court, claiming they’d concocted a scheme to defraud the company out of up to $1.1 million by overbilling for insurance payments and paying kickbacks to patients for cooperating with the scheme.

  • October 6, 2015

    Retired Union Rep’s Vote Voids Benefits Award, Airline Says

    Spirit Airlines urged the Sixth Circuit on Monday to overturn an arbitration award that will give domestic partners of flight attendants access to the same range of health plans available to married spouses, arguing that the neutral arbitrator in the dispute improperly allowed a retired union representative to vote on it.

  • October 6, 2015

    5th Circ. Shouldn't Rehear Toe Implant Fight, Patient Says

    A man who sued Stryker Corp. after his toe implants broke urged the Fifth Circuit on Monday to stand by its 2-1 ruling sending the claims to state court and to ignore the manufacturer's argument that the ruling encourages abuse of the Louisiana Medical Malpractice Act.

  • October 6, 2015

    UK Banks And Insurers Face New Whistleblower Rules

    The U.K.’s Financial Conduct Authority and Prudential Regulation Authority on Tuesday rolled out a package of rules focused on whistleblowing in the financial services industry, introducing several measures to encourage workers to raise concerns at banks, insurers and investment firms.

  • October 6, 2015

    Nontraditional Lenders Rush In Where Banks Retreat

    Nonbank lenders are finding more opportunities to jump into real estate amid tighter underwriting by banks, and experts say many nonbanks are finding their sweet spot in risky areas like construction and specialized asset lending that banks are often hesitant to venture into.

  • October 6, 2015

    UPMC Says It Can End Highmark Medicare Coverage

    The University of Pittsburgh Medical Center is not obligated to provide in-network coverage to Highmark Inc.’s Medicare Advantage plan members, the hospital's counsel told the Pennsylvania Supreme Court on Tuesday, arguing that a lower court misinterpreted a deal the state brokered.

  • October 6, 2015

    11th Circ. Lets Insurer Off The Hook In Real Estate Row

    The Eleventh Circuit on Monday affirmed that National Union Fire Insurance has no duty to cover a $40 million settlement between its former policyholder and two insurers in underlying real estate construction litigation, finding the policy excluded coverage because the dispute stemmed from a breach of contract.

  • October 6, 2015

    US Fire Freed From $10M Madoff Coverage On Appeal

    A New York appellate court on Tuesday freed U.S. Fire Insurance Co. from having to cover about $10 million that affiliates of a family investment office sunk into Bernard L. Madoff's Ponzi scheme, agreeing with the insurer that an exclusion in the relevant policy bars coverage for losses tied to Madoff's activities as a securities broker.

  • October 6, 2015

    Zurich Pushes Exclusions For Pipeline Worker's Injuries

    Zurich American Insurance Co. filed a complaint for declaratory judgment in Maryland federal court Monday to determine whether policy exclusions reduce its liability to a Miller Pipeline LLC employee injured by a co-worker from $2 million to just $30,000, or eliminate its liability altogether.

  • October 6, 2015

    Attys Billed $3M Extra In Asbestos Suits, Insurer Says

    A Swiss Re insurer sued Vasquez Estrada & Conway LLP in a California federal court Monday, alleging the firm billed $3 million more than it should have to defend a chemical company in a number of asbestos suits.

  • October 6, 2015

    BCBS Blasts 'Hyperbolic' Reply To Its Carlton Fields DQ Bid

    BlueCross BlueShield of Tennessee Inc. on Monday slammed another insurer’s attempt to prevent the disqualification of its counsel at Carlton Fields Jorden Burt PA in a dispute over multidistrict antitrust litigation liability, saying the insurer’s supplemental brief was improperly filed and is “filled with hyperboles.”

  • October 5, 2015

    Mold Covered By Texas Co.'s Liability Policy, Ill. Court Says

    An Illinois state appeals court has found that the negligence claims of a group of Texas government employees who sued their building’s constructor over mold exposure are covered under the construction company’s insurance policy, reversing a lower court’s earlier decision. Correction: A previous version of this article reported that the office building was built by Reyna in 2001. The error has been corrected.

Expert Analysis

  • Perils Of Ignoring Supply Contract Insurance Provisions

    Joseph L. Beavers

    Parties often take great pains to define the scope of defense and indemnity obligations in supply contracts, but obligations regarding insurance procurement often take a backseat, which — as a recent Fourth Circuit decision demonstrated — can create significant costs for both parties down the road, say Joseph Beavers and Alexander Creticos at Miles & Stockbridge PC.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Excellus Breach: Encryption Cannot Always Save The Day

    Scott Lyon

    Excellus BlueCross BlueShield recently became the fifth major health care provider to disclose a breach since the beginning of 2015. So how can health care providers and their attorneys improve network security? One of the first steps is realizing that the solution is not always technical in nature, says Scott Lyon of Sedgwick LLP.

  • Name Game: Designating Lenders For A Loss Payee Clause

    Thomas B. Alleman

    Loan documents generally require a borrower to provide insurance on collateral in favor of the lender, often known as an open mortgage or loss payee clause. But a loss payee clause may not be enough to actually protect a lender, says Thomas Alleman at Dykema Cox Smith.

  • Solving Sovereign Immunity Issues In Reinsurance Disputes

    Edward K. Lenci

    The issue of sovereign immunity continues to bedevil U.S. cedents and retrocedents that seek to collect from foreign reinsurers owned by foreign states and that invoke a state’s pre-answer security requirements. However the proven solution to this problem, a binding arbitration agreement, may not always be available, says Edward Lenci at Hinshaw & Culbertson LLP.

  • Using The Unfortunate Event Test For NY Insurance Claims

    Larry P. Schiffer

    When insurance policy language does not evince an intent to aggregate separate incidents or claims into a single accident or occurrence, New York courts turn to the unfortunate events test to determine whether claims should be aggregated, which raises interesting questions about the accident or occurrence language used by insurance companies, says Larry Schiffer at Squire Patton Boggs LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • A Look At The Legality Behind Daraprim's Price Spike

    Charles J. Andres

    Unilateral drug price increases alone — when not done by agreement or through collusion with competitors — are almost never actionable under U.S. antitrust law. As long as Turing Pharmaceuticals AG acted alone in raising Daraprim's price, it would be highly unlikely to face any antitrust claim or criminal antitrust penalties, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • Disease Outbreaks May Bode Ill For Your GCL Coverage

    Michael H. Sampson

    This summer in New York there was an outbreak of Legionnaires’ disease, allegedly caused by a hotel's cooling towers, that killed 12 people and made 100 others sick. If a business is hit with third-party lawsuits over a disease outbreak, are they covered by their commercial general liability policy? ask Michael Sampson and Caitlin Garber at Reed Smith LLP.

  • Insurance Chain Reaction From The Tianjin Port Explosion

    Matthew J. Gollinger

    The recent Tianjin port explosion will lead to massive supply chain disruption — which will no doubt impact the 285 Fortune 500 companies with offices there — and trigger countless master policies and global insurance programs written out of the United States due to large-scale contingent business interruption losses, say Matthew Gollinger and Qianwei Fu at Zelle Hofmann Voelbel & Mason LLP.