• April 20, 2016

    11th Circ. Says Geico Suit's 15 Minutes Not Up Yet

    While the Eleventh Circuit agreed with a lower court that the lead plaintiffs in a proposed class action against Geico lacked standing to pursue claims over the process for selecting uninsured motorist coverage on the insurer's website, the panel revived the suit Wednesday and remanded it to state court.

  • April 20, 2016

    MDs Took Kickbacks In $9M Gov’t Hospice Fraud, Jury Hears

    Two doctors helped defraud the government of $9 million by referring patients who were not dying to hospice care, a federal prosecutor told jurors Wednesday at the start of their California federal trial, while a lawyer for one doctor countered that government witnesses already convicted in the scheme aren’t credible.

  • April 20, 2016

    $13M Shipwreck Suit Must Walk Plank In Favor Of Arbitration

    A shipping company that claimed Turkish law allowed it to sue the insurer of a chartered container vessel after a wreck must halt its $13.5 million case because the foreign law doesn’t outweigh the insurer’s contractual right to arbitration, an English appeals court ruled Wednesday.

  • April 20, 2016

    2nd Circ. Buries Ex-Marsh Exec's $2.3M Fee Fight

    The Second Circuit refused Wednesday to resurrect former Marsh & McLennan Cos. Inc. executive William McBurnie's suit against his ex-employer and the lawyer who once represented McBurnie in a criminal probe of the insurance broker's billing practices, taking issue with his interpretation of a $2.3 million settlement.

  • April 20, 2016

    High Court's Birth Control Compromise Still Divides

    The Obama administration and religious nonprofits on Wednesday clashed bitterly over a compromise floated by the U.S. Supreme Court in a caustic case involving the Affordable Care Act’s contraception mandate.

  • April 20, 2016

    Insurer Hits Greenberg Traurig, KPMG With Conspiracy Suit

    Insurer Boston Life and Annuity accused law firm Greenberg Traurig LLP, accounting firm KPMG LLP and several other parties in Florida federal court Tuesday of conspiring to establish businesses competing with its own endeavors that they helped set up, allegedly costing it nearly $180 million.

  • April 20, 2016

    11th Circ. Says Robbery Row Coverage Can Be Decided Now

    The Eleventh Circuit on Wednesday found that a lower court abused its discretion by refusing to rule on whether First Mercury Insurance Co. owed coverage in an underlying dispute over stolen computer equipment from a warehouse its policyholder was charged with guarding.

  • April 20, 2016

    Policy Doesn't Cover Faulty Solar Panel Work, Court Rules

    A Michigan appeals court ruled Wednesday that Employers Mutual Casualty Co. has no duty to defend or indemnify a solar power company in a lawsuit over its allegedly shoddy installation of solar panels, finding that the Employers Mutual policy doesn't provide coverage because only the policyholder's own work was damaged.

  • April 20, 2016

    Superstorm Sandy Call Center Was Due Full Pay, Judge Says

    A New Jersey federal judge on Tuesday ruled that a call center run by military veterans was entitled to $566,000 for subcontract work from a claims management company that administered a $1.6 billion state-backed housing incentive program for Superstorm Sandy victims, saying the terms of the contract have been satisfied.

  • April 20, 2016

    Coverage Suit Over PGA Prize Payouts Remains Mostly In Play

    A West Virginia federal judge on Tuesday kept alive portions of a golf tournament operator’s third-party allegations that an insurance agent concealed policy stipulations that later nixed coverage for a hole-in-one contest at a PGA Tour event, finding that the claims for now were sufficiently pled.

  • April 20, 2016

    Berkshire, Others Accused Of Hacking Workers' Comp Firm

    A group of California workers said Tuesday that three insurance companies — Berkshire Hathaway Homestate, Cypress Insurance, and Zenith Insurance — hacked into their lawyers' databases and stole 32,000 workers' compensation case files.

  • April 19, 2016

    Express Scripts Countersues Anthem Amid $13B Suit

    Express Scripts Inc. slapped Anthem Inc. with counterclaims in New York federal court Tuesday, saying it isn't overcharging the health insurer for prescription drugs and that Anthem has no right to the $13 billion that it seeks in its suit.

  • April 19, 2016

    Insurer Seeks New Trial In Condo Damage Coverage Row

    Crum & Forster Specialty Insurance Co. asked a Florida federal judge Tuesday to undo a jury’s finding that a construction company is entitled to a defense in an underlying condominium damage lawsuit by way of a subcontract with the insurer’s policyholder, arguing the evidence was insufficient.

  • April 19, 2016

    Alternative Fees On The Rise Among P&C Insurers, Study Says

    The use of alternative fee arrangements by the legal departments of U.S. property and casualty insurance carriers is on the rise and likely won’t slow down anytime soon, a new survey has found.

  • April 19, 2016

    Fondue Pot Makers Must Face Insurer’s Flame Injury Suit

    A Florida federal judge on Tuesday denied a fondue pot maker and a fuel maker’s attempt to escape Universal Property & Casualty Insurance Co.’s suit seeking to collect damages and medical bills paid to a user of the appliance who was severely burned.

  • April 19, 2016

    Insurers Needn't Defend Military Housing Co. In Fraud Case

    A pair of insurance companies do not have to defend a property manager that settled $84 million mismanagement lawsuits related to military housing contracts and kickback allegations because fraud is not covered under the manager's policy, a federal judge in Washington state ruled Monday.

  • April 19, 2016

    The State Of Cyber Coverage Law: 4 Key Decisions

    The Fourth Circuit's recent ruling that Travelers must defend Portal Healthcare against a class claim that its failure to secure a server caused a breach of its medical records added to a small but growing body of case law on insurance coverage for cyber-related claims. Here, Law360 takes a look at the four most significant cyber coverage decisions in recent years and the potential impact of the rulings.

  • April 19, 2016

    AmTrust Says Broker Bribed Arbitrator For $454M Win

    Insurance company AmTrust Financial Services Inc. has accused an Italian medical malpractice insurance broker and an arbitrator in New York federal court of trying to rig the outcome of two proceedings for a €400 million ($454 million) payday, stealing confidential information and possibly even issuing death threats in a fraught contract dispute.

  • April 19, 2016

    Atty Hid Miffed Clients When Applying For Policy, Insurer Says

    A New Jersey lawyer knew or should have known he was in store for a malpractice suit related to a construction case that went south when he applied for professional liability insurance and should not get coverage for his clients' beef, the policy carrier has alleged.

  • April 19, 2016

    UnitedHealth Withdrawing From Most ACA Markets

    UnitedHealth Group will be pulling out of all but a “handful” of state Affordable Care Act marketplaces, the company’s CEO said in an earnings call Tuesday morning, a move experts say shouldn’t have a significant impact on the market.

Expert Analysis

  • The High Court's Preemption Tango And The Future Of ERISA

     Patrick C. DiCarlo

    Gobeille v. Liberty Mutual Insurance provides an interesting illustration of the elaborate dance the U.S. Supreme Court must engage in when determining the scope of Employee Retirement Income Security Act preemption, and it's possible that the majority opinion in Gobeille is helping to turn the tide back toward strengthening it, say Patrick DiCarlo and Beth Vaughan at Alston & Bird LLP.

  • Don't Be Left Without An Expert Witness

    Stanley J. Parker

    After the recent amendments to the Federal Rules of Evidence, the line between lay testimony and expert testimony is not always readily recognizable, but there are precautions you can take to help ensure that all important elements necessary to support your case are presented at trial, say Stanley Parker and Alaura Maglio at Buchanan Ingersoll & Rooney PC.

  • Must Insureds Attend Examinations Under Oath Alone?

    Nora A. Valenza-Frost

    Most personal line insurance policies require policyholders to sit for examinations under oath to answer questions concerning the validity of a claim. But, as was the case in Foremost Insurance Co. v. Freeman in Mississippi district court, what if the insured refuses to attend the EUO without having a nonlawyer friend attending? May the insurer insist on examining the insured without the friend in the room? asks Nora Valenza-Frost ... (continued)

  • Understanding Loan Assumption Math Without Going Mad

    Bruce A. Buckley

    If your anxiety level rises at the thought of having to solve math word problems, then preparing the closing statement for a loan assumption transaction may have the same effect, but recognizing the concepts behind those numbers should help to ease any loan assumption math nerves, says Bruce Buckley at Womble Carlyle Sandridge & Rice LLC.

  • Shifting The Law Firm Business Development Paradigm

    Mary Carmel Kaczmarek

    While attorneys recognize and appreciate that sophisticated substantive work requires a team effort, business development is still conducted in many firms as a solo act. But it doesn’t have to be that way, according to Mary Carmel Kaczmarek, a former practicing attorney and founder of Skillful Means Marketing LLC.

  • Without Compromise, ACA Contraceptive Row May End In Tie

    Debra S. Friedman

    Though a relatively small percentage of employers will be affected by the U.S. Supreme Court's decision in Zubik v. Burwell, the stakes are high for those it will reach. And following Tuesday's order for supplemental briefs focused on proposing a compromise, it's likely the case could result in a 4-4 tie if no solution is reached, says Debra Friedman at Cozen O'Connor PC.

  • More Essential Than Ever: Insurance In Food Co. M&A

    Bradley S. Austin

    With the increased risk of criminal prosecution of food company executives, buyers would be prudent to review officers and directors coverage in case of related indemnity and other similar claims. Recent U.S. Food and Drug Administration action over the use of partially hydrogenated oils is another source of concern, say attorneys with McGuireWoods LLP.

  • New Clarity On FCA Public Disclosure Bar For Whistleblowers

    Gordon Schnell

    There continues to be some uncertainty on just how far the “public disclosure bar” reaches to prevent whistleblowers from bringing suit under the False Claims Act. But thanks to a string of recent court of appeals decisions — four in the past month, from the Fourth, Sixth, Seventh and Ninth Circuits — there is at least some insight to be gleaned on this chronic whistleblower concern, says Gordon Schnell of Constantine Cannon LLP.

  • How Insurers Can Strengthen Agreements With Retailers

    Mark B. Robinson

    It is alarmingly common for a wholesale insurance broker to not have a formal written agreement in place with retail producers, which exposes the wholesaler to a range of liability. Mark Robinson, founding partner of Michelman & Robinson LLP, identifies several critical provisions that should be considered in an agreement with a retail producer.

  • 5 Tips For Insurance Due Diligence In Project Finance

    Micah E. Skidmore

    The limited or nonrecourse nature of project finance transactions magnifies the importance of insurance in a lender's security package. Ensuring that appropriate contractual requirements are in place, especially in regard to "delay-in-startup" or "delay-in-completion" policies, is a particularly critical component of a lender's due diligence, says Micah Skidmore at Haynes and Boone LLP.