Insurance

  • July 20, 2016

    Ex-Manatt Partner Joins Reed Smith Insurance Recovery Team

    A former Manatt Phelps & Phillips LLP partner who has negotiated settlements for clients including AB Electrolux and International Paper Co. signed on to Reed Smith LLP’s insurance recovery practice on Tuesday.

  • July 20, 2016

    United Pet Foods Resolves Toxic Dog, Mink Feed Spat

    National Feeds Inc. and its insurer The Midwestern Indemnity Co. have resolved their claims against United Pet Foods Inc. accusing the company of breaching its contract with the animal feed supplier by providing rancid dog and mink feed, according to a Tuesday text order in Ohio federal court.

  • July 20, 2016

    Docs Say Allergists Are Becoming Hostile In Antitrust Suit

    A physician group accusing board-certified allergist organizations of limiting insurance coverage for primary care physicians in violation of antitrust laws told a Texas federal court Tuesday that the allergists’ requests for document production and sanctions are meritless and that it’s the allergists who haven’t been fair during discovery.

  • July 20, 2016

    Ex-Allstate Workers Seek Punitive Damages After $27M Verdict

    Four Allstate equity traders fired over their desk’s alleged trade-timing moved Tuesday to extract punitive damages from the insurance giant after winning a $27 million defamation verdict in Illinois federal court that the company is fighting to reverse. 

  • July 20, 2016

    NM Ski Resort Asks 10th Circ. To Certify Insurance Query

    Taos Ski Valley Inc. asked the Tenth Circuit Tuesday to send a question of insurance law to the New Mexico Supreme Court in its appeal of a lower court's ruling that the ski resort isn’t entitled to coverage from Nova Casualty Co. for the more than $1 million it spent to clean up environmental contamination on its property.

  • July 20, 2016

    Anthem Escapes Remainder Of Rate MDL Claims

    Anthem Inc. on Tuesday escaped the remainder of claims it faced in multidistrict litigation over the insurer’s use of allegedly distorted reimbursement rates for out-of-network services, after a California federal judge decided the remaining policyholders hadn’t proven injuries and filed untimely suits.

  • July 20, 2016

    Consumer Says Insurance Broker Lacked OK To Record Calls

    Insurance broker EFinancial was hit with a federal class action on Tuesday over claims it recorded conversations without permission while selling insurance.

  • July 20, 2016

    Allstate Ducks Coverage In Drain Pipe Wrongful Death Suit

    Allstate Indemnity Co. on Tuesday escaped owing a defense to an Alabama landowner accused of negligence in an underlying wrongful death suit that related to his property, after an Alabama judge decided that coverage was excluded because the land constituted a part of his real estate business.

  • July 20, 2016

    Honeywell Loses NJ Fight For Asbestos Defense Insurance

    A New Jersey appeals court on Wednesday affirmed a lower court’s determination that Honeywell International cannot have defense costs incurred in thousands of asbestos liability suits over the years covered by its insurers’ excess policies, finding the coverage clearly excludes legal expenses.

  • July 20, 2016

    Insurer, Project Co. Battle Over JFK Sewage Leak Coverage

    A project consultant that was denied coverage of a negligence suit related to a burst sewage pipe at John F. Kennedy International Airport told a New York federal judge Tuesday that the reasoning behind the insurer’s quick judgment bid stinks, while the insurer contended that coverage is without a doubt excluded.

  • July 19, 2016

    Ex-NFL Player Sues Lloyd’s Over Concussion Coverage Denial

    Former Baltimore Ravens and Carolina Panthers safety Haruki Nakamura sued underwriters at Lloyd's of London in North Carolina state court Monday for $3 million, saying the insurer wrongly rejected a claim for coverage on a policy designed to cover career-ending injuries after he suffered a concussion.

  • July 19, 2016

    Geico Nets Sanctions From Firm, Body Shop In Antitrust Row

    A Florida federal judge on Tuesday granted a sanctions request by Geico against an auto repair shop and its law firm, holding that they filed claims in an antitrust case that had already been resolved in a related suit against the insurance company.

  • July 19, 2016

    Prof Urges 9th Circ. To Nix Ore. Immunity In Oracle IP Suit

    Law professor and constitutional law expert Erwin Chemerinsky filed an amicus brief Tuesday in a Ninth Circuit appeal involving Oracle’s copyright infringement suit against Oregon over the state’s heath insurance exchange, urging the court to recognize federal authority over copyright law.

  • July 19, 2016

    Omission Axes Doctor's Liability Coverage, 8th Circ. Says

    MMIC Insurance Co. can rescind an Iowa doctor's retroactive professional-liability policy due to his failure to notify the insurer of a medical negligence lawsuit pending against him before the coverage was put into place, the Eighth Circuit affirmed on Tuesday.

  • July 19, 2016

    Insurer Says Competitor Is Trying To Steal Trade Secrets

    Florida-based insurer Sawgrass Mutual is accusing a competitor of trying to steal its trade secrets by compelling arbitration related to two contracts Sawgrass held with a reinsurer, which was then bought out by the competitor, according to a complaint removed to Florida federal court Tuesday.

  • July 19, 2016

    3 Ways Firms Bring Out The Worst In Attorneys

    Some law firms fail to promote collegiality through their policies and management, instead infusing venom into the relationships between their attorneys and dealing a fatal blow to firmwide harmony and productivity. Here, experts reveal the three biggest ways law firms unintentionally cultivate discord.

  • July 19, 2016

    Ill. Treasurer Calls On Gov. To Sign Unclaimed Policy Bill

    The state treasurer of Illinois said on Tuesday that Gov. Bruce Rauner should not hesitate any longer to sign a bill requiring life insurance companies to make a good faith effort to locate deceased policyholders so that beneficiaries receive the money they're due.

  • July 19, 2016

    Insurer Says Firm Moved Too Slow On Wrongful Death Defense

    An insurer sued Martin Disiere Jefferson & Wisdom LLP for more than $10 million in Houston state court Monday, claiming the firm waited too long to file a maritime law claim that could have limited a contractor’s liability in a wrongful death case.

  • July 19, 2016

    Mass. High Court To Solve Whose Coverage Is On First

    The order that Great Divide's and Lexington's competing policies apply to an underlying lawsuit over a garbage truck accident that killed a biker is a question best left to Massachusetts’ highest court, a federal judge concluded Tuesday.

  • July 19, 2016

    Target Bid To DQ Attys Over Alleged Insurance Conflict Denied

    The firm representing Groom Construction in a lawsuit over a fitting room door that allegedly injured a shopper at Target can remain as counsel, a New York magistrate judge concluded Monday, denying Target’s bid to disqualify the attorneys because of an alleged conflict of interest with Groom’s insurer.

Expert Analysis

  • Health Republic’s Curious Liquidation: Part 1

    James Veach

    Health Republic Insurance of New York, New York’s only Affordable Care Act nonprofit health insurer, has finally been placed in liquidation — but the liquidation process has been particularly unusual, says James Veach at Mound Cotton Wollan & Greengrass LLP.

  • Does 3rd-Party Funding Complement The Arbitral Process?

    Hayden.jpg

    Long before the disclosure of billionaire Peter Thiel’s funding of litigation against Gawker Media, the international arbitration community had begun to acknowledge some serious concerns with third-party funding in an arbitration context, says Donald Hayden of Berger Singerman LLP.

  • Insurers, Get Ready For Increased Cybersecurity Scrutiny

    James A. Harvey

    The requirements of the National Association of Insurance Commissioners' proposed data security model law would impose a set of data breach reporting requirements on insurers that is significantly more demanding than existing state and federal laws, say Jim Harvey and Bruce Sarkisian at Alston & Bird LLP.

  • What To Do When An Insurer Denies Your Claim

    Jacob C. Esparza

    What a policyholder should do in response to an outright denial of insurance coverage may be unclear or the subject of debate, depending on the jurisdiction, but cooperating with your insurer initially and throughout the claim, even if not required, could go a long way toward maintaining coverage and avoiding litigation, say Jacob Esparza and Susan Swanson at Legge Farrow Kimmitt McGrath & Brown LLP.

  • The Attack On Attorney-Client Privilege In Insurance Cases

    Thomas H. Cook Jr.

    Policyholder lawyers have begun to assail attorney-client privilege in the context of insurance coverage disputes. Unfortunately for them, the fact remains that insurers retain counsel to provide legal advice, which is privileged and should remain so, says Thomas Cook at Zelle LLP.

  • Nickerson V. Stonebridge Could Mean Higher Damages Awards

    Tad A. Devlin

    At first glance, the California Supreme Court's decision in Nickerson v. Stonebridge Life Insurance may seem beneficial to insurers. However, the inclusion of Brandt fees as compensatory damages may result in more punitive damages awards being deemed reasonable, say Tad Devlin and Aaron Cargain at Kaufman Dolowich & Voluck LLP.

  • For M&A Attys, A Warning On Inadvertent Disclosure

    Stewart D. Aaron

    The New York high court's recent decision in Ambac Assurance v. Countrywide Home Loans not to expand the attorney-client privilege to communications between M&A parties is a useful reminder that the mad dash to closing should be managed in such a way as to avoid the inadvertent waiver of the privilege, say attorneys with Arnold & Porter LLP.

  • 6 Factors Every Law Firm's Gender Diversity Initiative Needs

    Robyn Forman Pollack

    It's no secret that law firms are generally thought of as having one of the lowest commitments to diversity among industry groups. But that perception is juxtaposed against the fact that many have gender diversity initiatives. So why is there so little progress? The answer is complex, but bridging the disconnect lies in ensuring that certain elements of a gender diversity and inclusion initiative are firmly in place, says Robyn Pol... (continued)

  • NY's Evolving Acceptance Of Policyholder Bad Faith Claims

    Peter A. Halprin

    New York courts and the Legislature have recently taken up the issue of whether policyholders should be able to seek extracontractual damages when denied full and prompt payment of their claims — which is a crucial means of leveling the playing field between policyholders and the insurance industry, say Peter Halprin and Bruce Strong at Anderson Kill PC.

  • Employer Steps For ACA Nondiscrimination Compliance

     Amy M. Gordon

    A new rule issued by the U.S. Department of Health and Human Services prohibits federally funded health programs from discriminating on the basis of race, color, national origin, sex, age or disability. To ensure compliance, covered entities need to take several specific steps such as implementing more flexibility for certain types of care, like gender transitioning services, and providing meaningful access to individuals with lim... (continued)