Insurance

  • January 29, 2016

    Ind. Justices Say State Not Liable For Stage Collapse Claims

    The Indiana State Fair Commission doesn't have to indemnify production company Mid-America Sound Corp. against claims from victims of a deadly 2011 stage collapse, because there is no evidence that the commission knowingly agreed to assume liability for Mid-America's negligence, the state's high court ruled Thursday.

  • January 29, 2016

    Alice Doesn’t Nix IP Suit Against Insurers, Fed. Circ. Told

    Patent licensing firm Intellectual Ventures told the Federal Circuit on Wednesday that a district court improperly dismissed three patent claims against a group of regional insurance companies, arguing the lower court applied the U.S. Supreme Court’s Alice ruling too liberally in nixing 124 claims before trial.

  • January 29, 2016

    Insurer Says Bikram Yogi Must Arbitrate Rape Suit Coverage

    Lexington Insurance Co. has sued an embattled hot yoga school and its founder in California state court, saying arbitrators must decide whether the school's insurance covers five lawsuits accusing Bikram Choudhury of sexual assault.

  • January 29, 2016

    Insurer Fights Jury Trial Bid In Row Over $2M Ponzi Plot

    Continental Casualty Co. told a New York federal court Friday that a jury trial isn't needed to resolve its contention that it can rescind a policy issued to Marshall Granger & Co. LLP over its executives' $2 million Ponzi scheme, urging the court to instead hold a bench trial.

  • January 29, 2016

    Pa. Atty Convicted In Title Insurance Fraud Scheme

    A Pennsylvania attorney was convicted on Thursday of misrepresenting herself as an authorized agent of a Texas-based title insurance company and selling invalid policies to clients.

  • January 29, 2016

    3 Insurance Policies That Should Be In Athletes' Playbooks

    As athletes' salaries increase, insurers have expanded the amount of products designed to protect from risks on and off the field that could threaten players' future earnings. Here, Law360 looks at ways to guard against the financial pitfalls that college and professional athletes face.

  • January 29, 2016

    Insurer Says It Won't Cover Blue Buffalo Supplier Fraud Suit

    The insurer of a pet food ingredient broker accused of colluding to fraudulently provide less-than-pure chicken and turkey meal for Blue Buffalo’s kibble products says those claims don’t constitute personal injuries, therefore its coverage doesn’t apply, according to a complaint filed in Texas federal court on Thursday.

  • January 29, 2016

    NJ Case Could Force Firms To Extend Malpractice Coverage

    The New Jersey Supreme Court will hear a patent malpractice case Monday with the potential to put major pressure on winding-down firms to extend insurance coverage, especially given the state's generous window for bringing malpractice claims, attorneys said.

  • January 28, 2016

    Insurance, Stock Fraud Ringleader Sentenced To 15 Years

    No-fault automobile insurance fraud racketeer and stock boiler room ringleader Mikhail Zemlyansky was sentenced by a New York federal judge on Thursday to 15 years in prison and ordered to forfeit $29.6 million after a lengthy and often bitter hearing in which his defense counsel only grudgingly conceded his client's guilt.

  • January 28, 2016

    Aetna Can Run Surgery Center Kickback Claims By 3rd Circ.

    A Pennsylvania federal judge refused to reconsider tossing Aetna's claim against the owner of a surgical center whose managers allegedly ran a patient referral kickback scheme, saying Thursday the insurer can take this and other dismissals up with the Third Circuit.

  • January 28, 2016

    Drug Provider Tells 7th Circ. W.Va. 'Pill Mill' Suit Is Covered

    Drug distributor H.D. Smith asked the Seventh Circuit on Wednesday to overturn a lower court’s decision that its insurer owed no coverage after the state of West Virginia accused it of facilitating a painkiller addiction epidemic by over-distributing prescription drugs.

  • January 28, 2016

    Feds Say States Can't Sue Over ACA Fee That They Don't Pay

    The federal government has shot back at allegations from Texas, Kansas and Louisiana that part of the Affordable Care Act unconstitutionally forces states to pay taxes to the federal government, saying the states have no standing, in part because the disputed ACA fee makes no mention of states.

  • January 28, 2016

    Sports Memorabilia Seller Not Covered In IP Row, Court Told

    State Farm told a Wisconsin federal court Wednesday that it shouldn’t have to cover a retailer accused of selling sports collectibles that use copyrighted photographs without permission because its policy doesn’t cover copyright infringement.

  • January 28, 2016

    Insurers' Faxes Violated Federal, NJ Laws, Suit Claims

    Two insurance affiliates of Legal & General Group PLC used agents to fax unsolicited life insurance advertisements in violation of the Telephone Consumer Protection Act and state junk fax laws, a proposed class of New Jersey consumers has alleged. 

  • January 28, 2016

    Arbitrator Not Corrupted By Brain Tumor, 2nd Circ. Says

    An arbitrator who cast the deciding vote in a dispute over liability for chemicals that deteriorated in storage didn’t engage in corruption or misconduct by failing to report a brain tumor that later claimed his life, the Second Circuit affirmed Thursday, rejecting an effort to overturn the arbitration panel’s decision.

  • January 28, 2016

    Samsung Credit Card Unit Slated For $1.3B Reshuffling

    Samsung said Thursday that its electronics unit will sell its stake in the South Korean conglomerate's financial services business to its life insurance company for 1.54 trillion won ($1.3 billion), as Samsung restructures its holdings.

  • January 28, 2016

    Christie's Escapes Insurer's Sandy-Damaged Artwork Suit

    The art storage arm of Christie’s is off the hook from millions of dollars in Superstorm Sandy-damages to an art collection housed at its Brooklyn facility, after a New York state judge found that a release of liability contract provision preempted a negligence suit brought by the collection’s insurer.

  • January 27, 2016

    Court Ignored Insurer's Settlement, 6th Circ. Told

    Great Divide Insurance Co. asked the Sixth Circuit on Wednesday not to let a Chubb excess insurer stick it with nearly $8 million in legal bills for a sports management agency's real estate dispute, arguing the other firm should have to live with the consequences of its decision not to settle.

  • January 27, 2016

    Broker Can't Revive Claims Against Insurer In Sandy Row

    The Third Circuit on Wednesday refused an insurance broker's bid to revive a condominium association's claims that Standard Fire Insurance Co. wrongly withheld full payment for flood damage that its buildings sustained in Hurricane Sandy, saying the broker has no standing to appeal the dismissal of claims against another party.

  • January 27, 2016

    Alliant Wins New Trial In $30M Sandy Insurance Dispute

    A New York federal judge granted Alliant Insurance Services Inc. a new trial Wednesday in Cammeby's Management Co. LLC's suit alleging that the insurance broker's negligence left it with insufficient coverage for over $30 million in Hurricane Sandy losses, finding that he may have improperly advised the jury.

Expert Analysis

  • In Congress: A Light Week

    Richard A. Hertling

    In an election season that thus far has not resembled any recent election, at least on the Republican side, the safe bet is that the 114th Congress has already produced its most significant legislative accomplishments, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 3 Things To Expect From Legal Tech In The New Year

    Scott Stuart

    While legal technology has advanced considerably in recent years, hold onto your hats. In 2016, tech innovations are only going to accelerate and further disrupt the legal space — for better or worse, say Drew Stern and Scott Stuart, co-founders of virtual document review platform Esquify Inc.

  • Notable Illinois Insurance Coverage Decisions In 2015

    Jonathan L. Schwartz

    Although 2015 was overall a stable year for Illinois coverage jurisprudence, several noteworthy rulings provided important clarification of recent high court decisions and set the stage for potentially disruptive decisions in the near future, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla LLP.

  • Policy Language Trumps 'Factual Nexus' Test In NY

    Nicole A. Richardson

    The Second Circuit in Nomura Holding v. Federal Insurance Co. recently held that, under New York law, a “related claims” provision should be interpreted and applied pursuant to the “plain language” of the contract, rejecting the so-called “factual nexus” test that many lower federal courts habitually employ, say Nicole Richardson and Laura Lee Miller at Wiley Rein LLP.

  • The Paris Agreement And Business Interruption Coverage

    Dan Millea

    The recent Paris agreement is being touted as a major step in avoiding a global climate disaster. But even if one accurately assesses the degree to which nations will comply with the accord, the impact that will have on climate change and the frequency, severity and locations of future natural disasters, when it comes to contingent business interruption coverage one’s ultimate fate is still subject to the vicissitudes of American j... (continued)

  • 10 Most Significant Insurance Coverage Decisions Of 2015

    Randy J. Maniloff

    Randy Maniloff at White and Williams LLP takes a crack at listing the top 10 liability insurance coverage cases of 2015. In an interesting trend, half the cases on the list involve the same issue — an insurer’s handling of the settlement of an underlying action.

  • Why All US Attorneys Should Read Justice Breyer’s New Book

    Laurel Lichty

    U.S. Supreme Court Justice Stephen Breyer recently fielded questions about his latest book, The Court and the World: American Law and The New Global Realities. Here's why every U.S. attorney should give it a read, according to legal industry insider Laurel Lichty.

  • 9th Circ. Ruling Might Be End For ZIP Code Coverage Suits

    Joshua A. Mooney

    Like the Third Circuit three months earlier in OneBeacon America Insurance v. Urban Outfitters, the Ninth Circuit has now held that “personal and advertising injury” does not exist for underlying allegations of unlawful ZIP code collection — potentially shutting the window for ZIP code lawsuit coverage, says Joshua Mooney at White and Williams LLP.

  • ERISA Trumps State Law Claims In Anthem Data Breach

    David Tetrick Jr.

    The U.S. District Court for the Northern District of California's recent decision in the Anthem data breach case stands in contrast to a recent Employee Retirement Income Security Act preemption ruling out of the Eastern District of California, say attorneys with King & Spalding LLP.

  • How Much Control Of Your Contracts Do You Really Have?

    Smith.jpg

    According to our recent study, 21 percent of legal professionals do not know where their contracts are stored, while another 28 percent admit they are scattered across decentralized repositories, networks, hard drives, inboxes, filing cabinets and desk drawers, says Jason Smith, senior director of legal counsel at software provider Apttus Corp.