• March 27, 2015

    Insurer Needn't Cover Claims In Train Derailment: Ill. Court

    Bituminous Casualty Corp. doesn't have to cover Plano Molding Co. for claims stemming from a 2005 Oklahoma train derailment that was allegedly caused by cargo it ordered, an Illinois appeals court ruled Thursday, holding that the shipment’s bill of lading isn't an insured contract excepted from a policy exclusion.

  • March 27, 2015

    Good Title Attorneys Are Hard To Come By, FNTA CEO Says

    Fueled by a strong flow of commercial mortgage-backed securities work, the fledgling but fast-growing First Nationwide Title Agency recently bulked up its legal department. But the company's president and CEO Steven M. Napolitano and senior underwriting counsel Felix Tschanz tell Law360 that experienced title attorneys can be hard to find.

  • March 27, 2015

    Calif. Says Tribe Owes $23M In Unemployment Insurance Row

    California’s Labor and Workforce Development Agency has urged a California federal judge to reject the Blue Lake Rancheria Tribe’s bid for summary judgment in a $23 million dispute over reimbursable financing of the tribe's unemployment insurance costs through a state program.

  • March 27, 2015

    Real Estate Rumor Mill: KIC, MetLife, Hirschvogel

    Korea Investment Corp. is reportedly in talks for an up to 1.5 trillion won ($1.36 billion) deal to buy three luxury hotels, while MetLife and M&G Investments are said to have provided nearly £500 million ($744 million) in a London apartment complex refinancing and German auto supplier Hirschvogel Inc. is buzzed to be planning a $50 million Ohio plant expansion.

  • March 26, 2015

    Premera Blue Cross Sued Over Massive Data Breach

    Premera Blue Cross, one of the largest health insurers in the Pacific Northwest, was hit with a proposed class action Thursday in Washington federal court accusing it of negligence after a data breach potentially exposed the personal data of 11 million customers.

  • March 26, 2015

    Aetna Escapes Investor's Disclosure Suit

    A New York federal Judge on Thursday dismissed a lawsuit seeking multiple injunctions over Aetna Inc.’s alleged failure to fully and accurately disclose its political spending, ruling that the plaintiff didn’t adequately plead to the standards needed for injunctive relief.

  • March 26, 2015

    Real Estate Rumor Mill: Zhong An, TIAA-CREF, Jets' Johnson

    Zhong An Online Property Insurance is reportedly in talks to raise as much as $1 billion, a TIAA-CREF venture is said to have scored $190 million for work at a Third Avenue tower in New York, and Jets owner Woody Johnson has reportedly sold his Manhattan co-op for a record $77.5 million.

  • March 26, 2015

    Conoco Secured In Oil Contamination Suit, Texas Court Says

    A Texas appeals court on Thursday held that a lower court was wrong to grant summary judgment against ConocoPhillips Co. in an indemnity suit over oil contamination in Louisiana, finding that Noble Energy Inc. instead owes the company a duty of defense and indemnity.

  • March 26, 2015

    Sandy Plaintiffs Get Boost From PSEG Insurance Ruling

    A ruling that insurance policy limits on flooding don't apply to more than $500 million in Hurricane Sandy damages suffered by Public Service Enterprise Group Inc. could aid the legal arguments of other insureds seeking bigger recoveries and lessen the storm's impact on ratepayers, experts say.

  • March 26, 2015

    3rd Circ. Nixes Post-Sandy Debris Removal Claim Under SFIP

    The Third Circuit on Thursday concluded that "insured property" as it appears in a Standard Flood Insurance Policy doesn't include land, affirming that an SFIP issued to two homeowners doesn’t cover the cost of removing debris they didn't own that was deposited on their land during Hurricane Sandy.

  • March 26, 2015

    Texas Court Says Lloyd's Off Hook For $5M Rita Repairs

    A Texas appeals court ruled Lloyd's of London could withhold nearly $5 million in coverage from an oil and gas operator, finding Thursday that policy insuring offshore drilling assets damaged during 2005's Hurricane Rita did not cover platform repair or debris cleanup costs.

  • March 26, 2015

    Ex-AIG HR Director Wants 3rd Shot At Bailout Suit Fix

    A former human resources director of American International Group Inc. claiming the company lied about the value of its subsidiaries and improperly received a $25 billion federal bailout is hoping the third time's the charm and has asked a New York federal judge for permission to polish his False Claims Act allegations.

  • March 26, 2015

    Selective Owed No Defense For E-Candle IP Row: 8th Circ.

    Selective Insurance Co. had no duty to defend an electronic candle maker in a suit claiming the policyholder infringed on another company's trademark, the Eighth Circuit affirmed Thursday, holding that the underlying complaint didn't allege an advertising injury that was potentially covered under the policy.

  • March 26, 2015

    NY Court Questions Early KO Of ACA's Suit Against Goldman

    ACA Financial Guaranty Corp. pressed New York's top court Thursday to undo a grant of dismissal to Goldman Sachs Group Inc. in the bond insurer's $120 million fraud suit over the bank's infamous Abacus subprime product, with at least three judges wondering whether questions of fact should have precluded an early knockout.

  • March 26, 2015

    Texas Justices Urged To Rehear Med Mal Arbitration Row

    The Texas Association of Defense Counsel on Wednesday filed an amicus brief to the Texas Supreme Court in support of a deceased nursing home patient's family, asking the high court to reconsider its decision that a state medical malpractice law isn’t an insurance law that would be shielded from the Federal Arbitration Act.

  • March 26, 2015

    Ill. High Court Closes Loophole On Insurance Agent Liability

    The Illinois Supreme Court recently held that insurance agents owe a duty of care in obtaining coverage requested by policyholders, shutting down a powerful argument agents used to avert liability for negligence.

  • March 26, 2015

    No Coverage For Atty In Malpractice Suits, Ill. Court Affirms

    An Illinois appeals court on Wednesday upheld a decision finding that a malpractice insurer has no duty to defend an attorney and his firm in two professional negligence suits that were filed after his policy had expired, finding it was "undisputed" that he hadn't complied with notice requirements.

  • March 26, 2015

    Ariz. Lawmakers Approve Bill To Curtail Abortion Coverage

    The Arizona Legislature sent a bill to Gov. Doug Ducey Thursday that will prohibit abortion coverage from being provided by insurers participating in the federal health exchange, except when a woman’s life is threatened or when rape can be proven.

  • March 26, 2015

    Insurer Tells 8th Circ. To Toss Anheuser Unit's Mold Suit

    The Eighth Circuit should affirm that National Union Fire Insurance Co. of Pittsburgh, Pa., doesn’t owe more than $11 million to an Anheuser-Busch Cos. Inc. unit that repaired mold damage at a resort condominium before residents had a chance to sue, the insurer said.

  • March 26, 2015

    Insurance Broker Off Hook For Negligence After Texas Arson

    An Orange County, California, appellate court refused Wednesday to overturn a jury verdict absolving insurance broker Donald R. Kappauf of liability in a negligence and breach of contract suit brought by real estate owner Main Street-Santa Ana LLC, whose Hightower Building in Midland, Texas, was damaged in a 2006 arson fire.

Expert Analysis

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • 5 Key Privacy Considerations For All Companies

    Adam Solander

    Privacy and security are closely intertwined, but securing information from outside intrusion may not provide the privacy protections you need, say Adam Solander and Patricia Wagner of Epstein Becker & Green PC.

  • A Primer On Defending Your Calif. Insurance License

    Sanford L. Michelman

    A special notice of defense lays the foundation for insurance licensees to go on the offensive, not only demanding that the California Department of Insurance provide evidence supporting its allegations but also raising potential shields to its allegations, say Sanford Michelman and David Samuels of Michelman & Robinson LLP.

  • IRS Gives Good Directions On ACA Cadillac Tax

    Sarah L. Fowles

    An employer can use the Internal Revenue Services' recent notice on the Affordable Care Act's so-called Cadillac tax to approximate the cost of coverage for employees. Since the cost will likely vary by employee, employers may want to estimate costs under a range of coverage scenarios, say attorneys at Quarles & Brady LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • 7th Circ. Title Policy Ruling Brings Risks For Lenders

    Sarah R. Borders

    The Seventh Circuit’s recent interpretation of Exclusion 3(a) in the standard-form construction lender’s title policy, in the context of a failed project, places the risk of loss associated with unpaid subcontractors arising from a lender’s decision to stop funding squarely on the construction lender, not the title insurer. There are, however, steps that a lender can take to mitigate this risk of loss, say Sarah Borders and Jeffrey... (continued)

  • Trending: A Principles-Based Approach To US Financial Regs

    Manley Williams

    While the U.S. has traditionally utilized rules-based policies, there has been a recent trend toward integrating principles-based policies and behavioral economics in regulating consumer financial products, including aftermarket automotive financial products. For a framework, U.S. regulators need look no further than across the pond, say attorneys with BuckleySandler LLP and Eversheds LLP.

  • Policyholders Should Reach For Reinsurance Documents

    Rukku Singla

    Leevac Shipbuilders LLC v. Westchester Surplus Lines Insurance Co. is very promising for policyholders seeking documents reflecting claims communications between insurers and their reinsurers, which are often contrary to the official claims position asserted during coverage litigation, say Rukku Singla and Matthew Jacobs of Jenner & Block LLP.

  • This Week In Congress: Bicameral Coincidence, Vote-A-Rama

    Richard A. Hertling

    This week both chambers begin the annual congressional budget debate, a process that will set the budget rules and spending limits for the congressional appropriations committees in funding federal agencies for fiscal year 2016. And on Thursday, the Senate will begin its famed “Vote-a-rama,” say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • To Understand King V. Burwell Look To Yates V. US

    Kurt W. Melchior

    When considering the U.S. Supreme Court's pronouncements on statutory construction in Yates v. United States, it should be apparent that in the case of the Affordable Care Act's insurance exchanges, the standard statutory construction rules that the high court so recently applied should result in a victory for the federal government in King v. Burwell, says Kurt Melchior of Nossaman LLP.