• August 21, 2014

    Travelers To Pay Over $8.5M In Well Explosion Suit

    Travelers Property Casualty Co. of America was ordered Wednesday to pay Eagle Oil & Gas Co. over $8.5 million in a suit over cleanup costs associated with a 2011 well blowout at an Eagle Oil facility, days after a Texas federal jury found the insurer didn’t prove the company could have done more to prevent the blast.

  • August 21, 2014

    Life Partners, Execs Blast SEC's Move For $2B Judgment

    Life Partners Holdings Inc. and two of its executives on Wednesday blasted the U.S. Securities and Exchange Commission's bid for a court judgment of as much as $2 billion against them, noting they prevailed on most of the SEC's claims and calling the motion an example of "increasingly common government overreaching."

  • August 21, 2014

    USAA Removes Diminished-Value Class Action to Fed Court

    United Services Automobile Association on Wednesday removed a proposed class action accusing the automobile insurer of cheating policyholders out of diminished-value payments to Washington federal court over the plaintiff’s contention that the amount in controversy is insufficient for federal jurisdiction.

  • August 21, 2014

    Encompass Beats Travelers Claim In Crash Coverage Row

    A New Jersey federal judge has tossed Travelers Property Casualty Co.'s claim that Encompass Insurance Co. of New Jersey was responsible for covering most of a $1.25 million personal injury settlement paid to a prospective client of real estate company Weichert Co. for a 2003 car accident in a realtor's car.

  • August 21, 2014

    Insurance Co. Sued For Sandy Coverage By Homeowners

    Selective Insurance Co. of America was hit Wednesday with a breach of contract suit in New Jersey federal court by homeowners accusing the company of failing to pay benefits owed under flood insurance policies for damage caused by Superstorm Sandy, one of many such suits against the insurer.

  • August 21, 2014

    Hartford, Cosmetics Co. End Coverage Suit Over Dior Claims

    A Florida federal judge dismissed a suit Thursday involving Hartford Casualty Insurance Co. and a cosmetics manufacturer over coverage of defense costs stemming from the company's trademark and unfair competition litigation with Parfums Christian Dior SA, after the company and insurer settled.

  • August 21, 2014

    Louisana AG Sues State Farm Over Auto Shop Manipulation

    The state of Louisiana on Tuesday slapped State Farm Fire and Casualty Co. with a suit in state court accusing the insurer of steering customers to its preferred auto repair shops and manipulating repair costs, echoing the claims of a recently consolidated multidistrict litigation filed by auto repair shops against more than 80 insurers, including State Farm.

  • August 20, 2014

    FSOC Closes Evidentiary Record In MetLife SIFI Review

    U.S. financial regulators have moved a step closer to deciding whether to designate MetLife Inc. a “systemically important financial institution,” approving the completion of the evidentiary record in the probe.

  • August 20, 2014

    Anthem Hit With Latest Suit Over Narrow ACA Network

    A group of California consumers on Tuesday sued Anthem Blue Cross in state court for allegedly tricking them into buying health insurance policies with small provider networks, the latest litigation over cost-cutting moves inspired by the Affordable Care Act.

  • August 20, 2014

    Pa. Diocese Wins Permanent Injunction On Contraception Rule

    A Pittsburgh-area Roman Catholic diocese won a permanent injunction on Wednesday blocking provisions of the federal Affordable Care Act mandating that it provide contraceptive and sterilization coverage as part of insurance plans offered to employees of its religiously affiliated schools and charities. 

  • August 20, 2014

    Aetna Wins $8.4M For ER Billing Fraud Conspiracy

    A Texas federal judge on Wednesday ruled that Aetna Life Insurance Co. can take $8.4 million from three health care providers, for defrauding the insurer of millions of dollars by wrongfully posing as emergency rooms to bill it at inflated rates.

  • August 20, 2014

    Insurers Demand Cleary, Cadwalader Docs In JPMorgan Suit

    A group of insurers asked a New York state judge Monday to force Cleary Gottlieb Steen & Hamilton LLP and Cadwalader Wickersham & Taft LLP to hand over documents related to Bear Stearns Cos. Inc.’s market-timing settlement, in the insurers' bid to avoid JPMorgan Chase & Co.’s bid for a $200 million reimbursement.

  • August 20, 2014

    Wells Fargo Worker Shorted On Health Coverage: 9th Circ.

    A Ninth Circuit panel on Wednesday ruled that United Behavioral Health improperly denied benefits under the Employee Retirement Income Security Act to a Wells Fargo & Co. employee who was hospitalized for weeks due to anorexia, reversing a district judge's decision.

  • August 20, 2014

    Old Republic Loses Reconsideration Bid In Asbestos Case

    A Pennsylvania federal judge won’t reconsider rulings in an asbestos coverage suit brought by Ampco-Pittsburgh Corp. that Old Republic Insurance Co. has a duty to defend and that another pump maker’s excess liability policy was not affected by its settlement with underlying insurers.

  • August 20, 2014

    High Court Blocks Va. Same-Sex Marriage Pending Review

    The U.S. Supreme Court on Wednesday stayed the Fourth Circuit’s recent ruling that struck down Virginia's state ban on same-sex marriages as unconstitutional, holding that same-sex marriages can’t continue in the state until the high court can resolve a dispute over the appellate decision.

  • August 20, 2014

    Former Hartford Analysts' OT Action Sent To Arbitration

    A Florida federal judge ruled Tuesday that former claims analysts with Hartford Fire Insurance Co. must arbitrate their collective action alleging the insurer failed to pay them overtime, saying that the arbitration provisions in their separation agreements were enforceable.

  • August 20, 2014

    Firm Conflict Led To Unfair $32M HSBC Deal, Class Says

    Disgruntled class members on Tuesday pressed a Florida federal judge to scrap a $32 million settlement of a suit alleging HSBC Bank USA BA and others overcharged homeowners for force-placed insurance, again pointing to an alleged conflict involving a named plaintiff who is also a partner at class counsel’s law firm.

  • August 19, 2014

    Detroit Slams Syncora For Ch. 9 Grand Bargain 'Falsehoods'

    Detroit on Monday fired back at bond insurer Syncora Holdings Ltd. for saying the city's plan for exiting bankruptcy $7 billion lighter in debt is a conspiracy to defraud the city's creditors, urging a Michigan bankruptcy judge to sanction Syncora for its “falsehoods.”

  • August 19, 2014

    9th Circ. Asks Wash. High Court To Define 'Collapse'

    The Ninth Circuit on Tuesday asked the Washington state Supreme Court to define what “collapse” means in an insurance policy under state law, in a suit against State Farm Fire and Casualty Co. by the homeowners in a Seattle condominium complex.

  • August 19, 2014

    Gawker Fires Back At Insurer In Hulk Hogan Sex Tape Fight

    Gawker Media LLC struck back at an insurer's suit to recover the cost of defending the website against Hulk Hogan's privacy and copyright allegations concerning a sex tape's and associated article's publication, saying Tuesday that the insurer was obligated to defend and indemnify Gawker.

Expert Analysis

  • 6th Circ. Errs In Conflating Primary With Excess Insurance

    Richard C. Mason

    The Sixth Circuit’s IMG Worldwide v. Westchester Fire Insurance Co. decision needlessly eliminates consumer choice — and promises to increase declaratory judgments by excess insurers who heretofore had not needed to preemptively involve the courts, says Richard Mason, co-chairman of Cozen O’Connor PC's professional liability insurance coverage and reinsurance practices.

  • Handling Hurricane Insurance Claims Post-Sandy

    Christopher C. Loeber

    With the second anniversary of Superstorm Sandy approaching, if a company has not resolved all of its Sandy-related claims by October the opportunity could be lost forever, say Christopher Loeber and Michael DiCanio of Lowenstein Sandler LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • NY Insurers May Benefit From Lower Disclaimer Standard

    Joanna M. Roberto

    The New York Court of Appeals' recent decision in KeySpan Gas East Corp. v. Munich Reinsurance America Inc. affirmed the limited application of the statutory standard to only bodily injury and death claims, thereby recognizing that the heightened standard was not appropriate for environmental and property damage claims, say Joanna Roberto and Paul Steck of Goldberg Segalla.

  • Texas District Court Finds Out 'What The Hail Is Going On'

    Brett A. Wallingford

    Judge Jane Boyle of the Northern District of Texas in Hamilton Properties v. American Insurance Co. addressed issues common in hundreds — if not thousands — of pending Texas hail damage lawsuits, and took strong action in response to such suits, says Brett Wallingford of Zelle Hofmann Voelbel & Mason LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • Calif. Drug Bill Would Frustrate Pharmacy Operations

    Roger N. Morris

    AB 2418 would add California to the growing list of states that allow patients to opt out of insurance requirements that oblige them to refill certain prescriptions through mail-order pharmacies rather than retail pharmacies, causing system and program changes for health plans, insurers and pharmacy benefit management companies, say attorneys at Quarles & Brady LLP.