• November 22, 2016

    Investment Losses Not Covered Property Damage: NY Court

    A New York court has ruled that New York Marine and General Insurance Co. does not have to cover an investor's arbitration award against defunct broker-dealer John Thomas Financial Inc., finding that investment losses do not constitute property damage under a state insurance law.

  • November 22, 2016

    Mitsui Fights Sanctions Bid In Alstom Award Dispute

    A Brazilian insurer urged a New York federal court on Monday to deny energy giant Alstom's bid to sanction the insurer for allegedly refusing to follow a confirmed arbitration award keeping it from pursuing $24 million in claims, saying Alstom is asking the court to rule on something the tribunal never addressed.

  • November 22, 2016

    Blue Cross Says Tribe Hiding Emails In ERISA Suit

    Blue Cross Blue Shield of Michigan pressed a federal judge on Monday to make the Little River Band of Ottawa Indians produce additional emails in its suit alleging the insurer disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • November 22, 2016

    Yahoo To Get $914K In Fees In NCAA Pick 'Em Insurance Row

    A Texas federal judge on Monday found that Yahoo should receive nearly $914,000 in attorneys' fees, less than half what the internet giant sought after it won a contract dispute with an insurer that had a deal to cover a canceled $1 billion NCAA March Madness “Tourney Pick ‘Em” contest.

  • November 22, 2016

    Steel Mill Motor Suit Against GE Unit Can Stay, Judge Says

    An Alabama magistrate judge on Monday said a General Electric Co. unit should not be allowed to duck a lawsuit by insurers of a steel company over the sale of allegedly faulty motors, but said the steel producer and its insurers can’t send the case back to state court.

  • November 22, 2016

    Ala. Justices Trim Pharmacy's Tainted-Drug Coverage By $3M

    The Alabama Supreme Court on Monday lopped $3 million off of a $7 million insurance payout to a pharmacy to cover its liability for contaminating intravenous-feeding solutions, causing nine deaths.

  • November 22, 2016

    McKool Smith Supports Tesoro Rehearing Bid At 5th Circ.

    McKool Smith PC on Monday asked to file a brief in the Fifth Circuit urging the appeals court to reconsider its decision last month affirming that Chartis Specialty Insurance owed no coverage toward $30 million in environmental cleanup costs at a California refinery, saying if the panel decision stands it will make it harder to fix insurance contract mistakes.

  • November 22, 2016

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The elite slate of attorneys chosen as Law360’s 2016 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals. Here is a list of this year's Law360 MVPs.

  • November 22, 2016

    Rainmaker Q&A: Maynard Cooper's Michael Mulvaney

    Aspiring rainmakers should focus on blooming where they are planted. Don't worry about cold calls and elaborate business development. Early on, use the relationships you have in the cases you are on, says Michael Mulvaney, shareholder at Maynard Cooper & Gale.

  • November 21, 2016

    Director Faces 1st Hearing Over $21M Film Ponzi Scheme

    A Los Angeles judge heard testimony Monday in a preliminary hearing to decide whether evidence supports pursuing criminal charges against a Hollywood director accused of running a $21 million Ponzi scheme through his production company, with the company’s bookkeeper and an alleged victim taking the stand.

  • November 21, 2016

    NFL Players' Suit Seeks Coverage For Living CTE Sufferers

    Thirty-eight former players sued the National Football League and its 32 clubs Monday in a Florida federal court seeking a judgment directing the league to provide workers' compensation benefits for living patients suffering from the degenerative brain disorder chronic traumatic encephalopathy, which they say is linked to concussions.

  • November 21, 2016

    Insurers Can't Use Spokeo To Beat Junk Fax Suit, Judge Says

    A Florida federal judge refused Monday to dismiss a junk-fax suit against Banner Life Insurance Co. and two others over unwanted life insurance ads, saying that the successful transmission of even one such communication causes an injury sufficient to meet the Spokeo bar and that the insurers could be held strictly liable for sending the faxes. 

  • November 21, 2016

    House Asks DC Circ. To Pause Affordable Care Act Suit

    The Obama administration's appeal of the GOP-led House of Representatives' district court win holding that certain subsidies for the Affordable Care Act are illegal should be stayed given President-elect Donald Trump's dim views on Obamacare, the House told the D.C. Circuit on Monday.

  • November 21, 2016

    Legal Marijuana Boom Opens Door For Specialty Insurers

    The recent wave of successful state ballot initiatives legalizing recreational or medical marijuana has paved the way for insurance carriers specializing in pot-related risks, as most major insurers doing business nationwide continue to sit on the sidelines due to the ongoing federal prohibition of the drug.

  • November 21, 2016

    Chubb Can Pursue Federal Trade Secrets Claim Against Rival

    A New Jersey federal judge on Monday granted Chubb INA Holdings Inc.'s request to pursue a Defend Trade Secrets Act claim in a revised lawsuit against a rival insurer over an alleged scheme to use Chubb's confidential information and recruit its employees, saying the defendants would not be unfairly disadvantaged.

  • November 21, 2016

    Gov't Argues To Shut Down Anthem's Cigna Buy

    The Justice Department pushed a D.C. federal judge to block insurance giant Anthem's purchase of competitor Cigna Monday, maintaining throughout opening arguments of the antitrust trial that the new behemoth would push out competition without passing savings onto consumers.

  • November 21, 2016

    Treasury Talks Privacy, Arbitration In First Insurance Report

    In a first-of-its-kind report issued Monday, the U.S. Treasury Department’s insurance arm took aim at certain issues, such as mandatory arbitration clauses and privacy risks and implications stemming from data collection, and offered regulators and consumers suggestions for how curb potential dangers.

  • November 21, 2016

    Language Barrier Upends Pa. Car Crash Claims Release

    A Pennsylvania appeals court issued a published decision Monday finding that a jury should be allowed to decide whether a Progressive Insurance Co. adjustor took advantage of a couple’s inability to speak English as he secured an agreement to release claims over injuries in a car crash.

  • November 21, 2016

    5th Circ. Won't Rethink Apache Coverage Loss In Email Scam

    The Fifth Circuit refused Monday to reconsider a finding that insurer Great American needn’t cover policyholder Apache Corp. for $1.5 million worth of a $7 million scam in which the oil and gas company was persuaded to send money to an incorrect bank account.

  • November 21, 2016

    Deals Rumor Mill: KKR, Anbang Insurance, Meitu

    KKR is set to acquire a significant stake in Japanese auto parts maker Calsonic, Anbang Insurance may buy up to $2.3 billion worth of Japanese residential property assets, and Chinese mobile developer Meitu is exploring an IPO that could bring in about $750 million.

Expert Analysis

  • Why Even Insured Businesses Should Beware TCPA Violations

    Leah Threatte Bojnowski

    The Third Circuit recently affirmed a decision that Stevens and Ricci's commercial general liability insurance did not cover consumers' claims after the firm sent unsolicited faxes in violation of the Telephone Consumer Protection Act. General liability policies, and even specific TCPA liability policies, cannot guarantee coverage for intentional violations, says Leah Bojnowski of Nixon Peabody LLP.

  • Regulatory Exams: Preparation Is More Than Half The Battle

    Rose Bogan

    Most of the preparation for a regulatory exam should be completed well before the actual exam is scheduled to occur. When a foundation is in place, a company can focus on fulfilling examiner requests rather than spending time with last-minute fire drills, say Rose Bogan and Debbie Hoffman of Digital Risk LLC.

  • Calif. High Court Showdown: Broughton-Cruz Vs. Concepcion

    Jamin S. Soderstrom

    The California Supreme Court will hear oral arguments in McGill v. Citibank in December and we should know by early March 2017 whether it will once again stand up to the U.S. Supreme Court in the arena of public rights and mandatory arbitration agreements. Recent history in similar cases is mixed, so in many ways this case is a toss-up, says Jamin Soderstrom of Soderstrom Law PC.

  • You May Not Be Covered For That Fraudulent Wire Transfer

    Elaine F. Harwell

    The FBI has recently warned the public about the business email compromise scam, a sophisticated phishing scam that tricks employees into conducting unauthorized transfers of funds. Insurers are arguing that cyberpolices do not cover voluntary transfers to fraudsters, says Elaine Harwell of Selman Breitman LLP.

  • Drawing A Line Between Tangible Damage And Corrupted Data

    Parker J. Lavin

    An Alabama federal court's recent decision in Camp's Grocery v. State Farm continued a trend of finding no coverage for data breach exposures under commercial general liability policies. This case shows that courts distinguish between corruption of electronic data and damage to tangible property, even when the data is stored on a physical item, say Parker Lavin and Edward R. Brown of Wiley Rein LLP.

  • The Role Of Litigation Analytics In Your Case

    Thomas C. Gricks III

    Lawyers often use analytics in the course of an e-discovery review for production, where these tools help them assign documents into buckets such as “relevant” or “privileged.” Increasingly, lawyers are using analytics to see if there is anything unusual within the collection and if there are stories the documents can tell, say Thomas Gricks, Bayu Hardi and Mark Noel of Catalyst Repository Systems.

  • Unraveling The Applications Of The Economic Loss Doctrine

    Eric J. Meier

    The often referenced economic loss doctrine is one of the most frequently misunderstood legal rules. Anyone wishing to either use the protections of the ELD, or avoid its preclusive effect, should explore what his or her state's statutes say about the matter, says Eric Meier of Husch Blackwell LLP.

  • Justices Should Consider Harm To Defendants In FCA Case

    Lawrence S. Ebner

    At oral argument this week in State Farm, some of the U.S. Supreme Court justices’ questions focused on how heavily to weigh the harm, if any, that a particular False Claims Act seal violation actually inflicts on the government. But seal violations also can harm a qui tam defendant’s reputation, financial position and ability to compete, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Adapt Or Die: Law Firms In Tomorrow's Economy — Part 5

    Jill headshot 3 0414.jpg

    The clarion call from the top of Corporate America over the past several years to its workers to do more with less, eliminate redundancy, and work cooperatively across disciplines toward the goal of corporate profitability is reaching BigLaw, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Trying The Environmental Coverage Case In 2017

    James R. Murray

    Insurance trial lawyers can easily grow complacent when arguing over ancient asbestos and pollution liabilities, but facing each new case with energy and vigor is critical. Jim Murray and Omid Safa of Blank Rome LLP offer tips on staple themes to pay attention to in environmental coverage disputes.