• October 31, 2014

    Atty Wants Wiley Rein DQ’d From Continental Policy Spat

    An attorney on Thursday asked a New York federal judge to disqualify Wiley Rein LLP from representing Continental Casualty Co. in the insurer’s suit aimed at rescinding his professional liability policy and accused the firm’s attorneys of “improperly twisting the facts.”

  • October 31, 2014

    Marsh Prevails In $35M Suit Over Condemned High-Rise

    A jury in Florida federal court decided on Friday that Marsh USA Inc. doesn’t have to pay nearly $35 million to residents who claimed the insurance broker failed to insure a high-rise condominium that suffered extensive hurricane damage, finding the condo's board didn't have a "special relationship" with Marsh.

  • October 31, 2014

    HHS Watchdog Details 2015 Plans To Scrutinize Medical Billing

    The Office of Inspector General at the U.S. Department of Health and Human Services on Friday detailed its priorities for investigating Medicare and Medicaid reimbursements in fiscal 2015, vowing to scrutinize billing by insurance plans, medical device makers and an array of health care providers.

  • October 31, 2014

    8 Ballot Measures Attorneys Will Be Watching

    Voters on Tuesday will decide the fate of myriad state and local initiatives that address issues as varied as fracking, medical marijuana and care for terminally ill patients. Here, Law360 looks at eight ballot initiatives that could have significant nationwide implications, should they pass or fail.

  • October 31, 2014

    Insurer Must Pay $50M Of Cameron's Deepwater BP Deal

    A Louisiana federal judge ruled Friday that Liberty International Underwriters Inc. must cover $50 million of a $250 million settlement reached between Cameron International Corp. and BP PLC over Cameron’s failed Deepwater Horizon blowout preventer, but that the insurer doesn’t have to also pay for defense costs.

  • October 31, 2014

    Texas Justices Nix Broad Discovery Order Against Lloyds

    A Texas trial court abused its discretion when it ordered National Lloyds Insurance Co. to produce evidence related to claims other than the plaintiff’s in a lawsuit over alleged underpaid insurance claims, the Texas Supreme Court said Friday.

  • October 31, 2014

    RE Rumor Mill: Equity Residential, Bowery, Stoltz RE Co.

    Equity Residential is said to have paid $126 million for a North Hollywood apartment complex, while five buildings in the Bowery have reportedly been sold for $45 million and Stoltz Real Estate is said to have purchased a Tennessee development for $24 million.

  • October 30, 2014

    Insurer On The Hook For Stryker Defect Claims, Judge Rules

    TIG Insurance Co. is liable for $7.6 million in excess coverage obligations for Stryker Corp.’s settlement of artificial knee defect lawsuits, a Michigan federal judge ruled Thursday, finding the insurer wasn’t required to consent to the deals for Stryker to secure coverage.

  • October 30, 2014

    Miami Cos. Dinged For Insuring Sanctioned Individuals

    The U.S. Treasury Department on Wednesday slapped a trio of Miami, Florida, health insurance providers with a nearly $129,000 fine for issuing policies to various individuals whom the agency had previously sanctioned under its narcotics trafficking regulations.

  • October 30, 2014

    Atty Called Policyholder 'Idiot' After Sandy Claim, Suit Says

    Hanover Insurance Co. has been hit with a $1.5 million suit in New Jersey federal court by a company that claims the insurer unfairly denied its claim for damage resulting from Superstorm Sandy and then hired an attorney who badgered the company’s owner and called him an “idiot.”

  • October 30, 2014

    Highmark Plan Doesn't Violate UPMC Deal, Pa. Court Finds

    A new Medicare product by Highmark Health that allegedly denies seniors in-network access to medical services at University of Pittsburgh Medical Center is not in violation of an agreement with the hospital, Pennsylvania’s Commonwealth Court said on Thursday.

  • October 30, 2014

    Lexington Wins 'Named Storm' Ruling In ShopRite's Sandy Suit

    A New Jersey state judge on Wednesday ruled against the retailer-owned cooperative that operates ShopRite Supermarkets, supporting Lexington Insurance Co.'s application of a $22 million “named storm” deductible on a $54 million Superstorm Sandy damages claim and refusing the cooperative's argument for a lower deductible.

  • October 30, 2014

    GOP Lawmakers Want Info On Diplomats' ACA Benefits

    House Ways and Means Chairman Dave Camp and Foreign Affairs Chairman Ed Royce called on the Internal Revenue Service on Wednesday to disclose whether foreign diplomats are receiving health coverage tax credits through the Affordable Care Act, saying it's unfair if U.S. taxpayers are subsidizing foreign nationals.

  • October 30, 2014

    DOJ, AllQuest's Doc Dispute In $264M FCA Suit Rages On

    The U.S. Department of Justice and AllQuest Home Mortgage Corp. traded barbs in Texas federal court Wednesday in a discovery war stretching back to May in which each seeks to compel the other to cough up loan files in a $264 million False Claims Act suit.

  • October 30, 2014

    Wells Fargo's Contested $281M Force-Placed Deal Approved

    A Florida federal judge on Wednesday gave the final nod to a $281 million settlement reached by Wells Fargo Bank NA and Assurant Inc. in a suit over their force-placed insurance practices, despite objections last week from homeowners worried about how much of the money would reach class members.

  • October 29, 2014

    HSBC Gets Final OK For $32M Deal Over Force-Placed Policies

    A Florida federal judge on Wednesday granted final approval to HSBC Bank USA NA and three insurers' $32 million settlement of a class action accusing them of overcharging more than 250,000 homeowners for force-placed insurance, overcoming earlier concerns to okay the deal.

  • October 29, 2014

    Calif. Court Cites Iskanian, Sends OT Row To Arbitration

    A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.

  • October 29, 2014

    AIG Bailout Terms Defied Economic Sense, Expert Says

    There was no legitimate economic or “moral hazard” reason to support the punitive loan terms given to American International Group Inc. as part of its 2008 bailout, a plaintiffs’ expert said Wednesday as trial continued in a shareholder suit over the deal's allegedly onerous terms.

  • October 29, 2014

    Securitas Unit Wins $88M Deduction In Insurance Risk Shift

    The U.S. Tax Court ruled Wednesday that a unit of security services giant Securitas AB can deduct $88 million in expenses from a captive insurance arrangement that legitimately shifted and distributed risk.

  • October 29, 2014

    Ebola Crisis Sparks Concern About Coverage For Quarantines

    The threat of the spread of Ebola in the U.S. has left hospitals and other policyholders worried about coverage for quarantines and other disease-related occurrences, with questions arising about the applicability of certain exclusions and the triggering event for coverage under property damage and business interruption policies.

Expert Analysis

  • Primer On Civil And Common Law For The Int'l Insurer

    Jose M. Umbert

    When handling claims in foreign jurisdictions, insurers need to know the differences between common law and civil law systems given their impact on every phase of complex claims, from adjustment through the retention of experts and a final resolution, say Jose Umbert and Jason Reeves of Zelle Hofmann Voelbel & Mason LLP.

  • How To Manage Client Expectations During Litigation

    Mark E. Goodman

    Litigation is a fluid and amorphous process, subject to shifts in strategy based on constant flows of information and events, not the least of which are the reactions of opponents and those who don the black robes. If a client feels informed and part of the process, he or she will feel satisfied with services received — even if the result is not a good one, says Mark Goodman, co-chairman of Capes Sokol Goodman & Sarachan PC's litig... (continued)

  • To Hack Back, Or Not To Hack Back, That Is The Question

    Sarah Pearce

    Impatience toward the U.S. government's response to recent cyberattacks as well as the aggressiveness of security startups toward hackers have led companies to view "hacking back" after falling victim to cyberattacks as a possible response strategy, say attorneys at Edwards Wildman Palmer LLP.

  • Cyberattack Insurance Challenges Confront Energy Sector

    Glenn R. Legge

    Under pressure from regulators to obtain adequate cyber-risk coverage and lacking underwriters that offer comprehensive catastrophic coverage for losses or liabilities arising out of cyberattacks, global energy companies face multiple challenges when considering cyberattack insurance policies, say attorneys at Legge Farrow Kimmitt McGrath & Brown LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • FCPA Risks Abound For PE Firms And Their Insurers

    Elan Kandel

    The government’s Foreign Corrupt Practices Act claim against Alcoa Inc. should raise red flags for private equity firms since many of the indicia of agency noted are often components of the traditional private equity investment model. Although no firm has been subjected to parent-subsidiary liability for a portfolio company’s conduct, it is likely only a matter of time, says Elan Kandel of Cozen O'Connor.

  • Why Insurers Should Like The ALI's Restatement Of Law

    Randy J. Maniloff

    Insurers should welcome the American Law Institute's “Restatement of the Law of Liability Insurance” since before, as a principles project, the ALI was able to support the adoption of minority positions by saying it’s a principles project — now as a restatement this cover should no longer be available, says Randy Maniloff of White and Williams LLP.

  • The Significance Of 2nd Circ.’s Indian Harbor Decision

    Robert W. DiUbaldo

    The Second Circuit’s decision in Indian Harbor Insurance Co. v. The City of San Diego involving a pollution and remediation legal liability insurance policy reinforces that the mandates imposed on insurers by Section 3420 of the New York Insurance Law do not apply unless all of the various elements of the statute are implicated. This is not only relevant to a liability insurer’s ability to disclaim coverage based upon late notice, ... (continued)

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.