• April 15, 2015

    Travelers Can't Skirt Pre-Tender Defense Costs, 11th Circ. Told

    An online custom embroidery company asked the Eleventh Circuit to force Travelers Property Casualty Co. to cover defense costs incurred before the company notified the insurer of an underlying infringement suit, arguing Wednesday that Travelers violated Florida's Claims Administration Statute and must provide full coverage.

  • April 15, 2015

    Ore. Claims Immunity In Health Site Copyright, Contract Suit

    An Oregon public corporation on Tuesday urged a federal judge to grant the state judgment in a copyright infringement and contract suit over a botched health care exchange website because the corporation will cease to exist in June, and the state has sovereign immunity.

  • April 15, 2015

    9th Circ. Says Jury Order Dooms Tax Evasion Conviction

    The Ninth Circuit on Tuesday overturned an insurance salesman's tax evasion conviction after finding that a lower court gave his jury incomplete instructions.

  • April 15, 2015

    2nd Circ. Revives FGIC's $900M Claims Against Putnam

    A federal judge was wrong to dismiss Federal Guaranty Insurance Co.’s suit claiming it lost $900 million due to Putnam Advisory Co. LLC’s decision to allow a hedge fund to manage a collateralized debt obligation the fund was shorting, the Second Circuit ruled Wednesday.

  • April 15, 2015

    3rd Circ. Won’t Rehear Challenge To ACA Birth Control Waiver

    The Third Circuit has refused to entertain an appeal challenging the Affordable Care Act’s contraceptive mandate, leaving intact the court’s previous ruling that requiring a Catholic college and other employers to sign a waiver opting out of providing employees with birth control is not a violation of employers' freedom to worship. 

  • April 14, 2015

    House Passes Two Bills To Tweak Dodd-Frank Loan Rules

    The U.S. House of Representatives on Tuesday passed a pair of bills to tweak the Dodd-Frank Act, designed to loosen rules that had purportedly discouraged lending for manufactured homes and exempt certain insurance and other fees from the limits imposed by the “qualified mortgage” rule.

  • April 14, 2015

    Travelers, Web Design Co. Settle Bank Data Breach Battle

    Travelers Casualty and Surety Co. has settled with a web design company it accused of negligently maintaining a community bank’s website and allowing hackers to steal bank customer information in 2012, according to a stipulation filed Monday in Illinois federal court.

  • April 14, 2015

    Travelers Must Pay $9M In Fees In Asbestos Coverage Row

    A New York federal judge on Monday accepted a magistrate's recommendation that Travelers Indemnity Co. shell out more than $9 million in legal fees, costs and interest to two companies facing liability from asbestos claims against a subsidiary, overruling Travelers' objections.

  • April 14, 2015

    5 Tips For Policyholders To Prevail At Trial

    Insurance companies' justifications for denying coverage may vary wildly depending on the circumstances, but for policyholders taking on insurers at trial, the basic story largely remains the same: There was a promise made, and it was broken. Here, policyholder attorneys share tips for navigating the complexities of policies and coming out on top in the courtroom.

  • April 14, 2015

    Fla. High Court Denies Judge's Contempt Claims Against Bar

    The Florida Supreme Court on Tuesday rejected an embattled state judge's claims that attorneys trying a disciplinary case against her should be found in criminal contempt and for a rejection of a referee's report recommending she be removed from her position.

  • April 14, 2015

    2nd Circ. Wary Of Odyssey, Lloyd's Arbitration Panel Squabble

    Odyssey Reinsurance Co. told the Second Circuit on Tuesday it should round out an arbitration panel that would decide its dispute with Lloyd’s of London and ReliaStar Life Insurance Co. over millions of dollars in workers’ compensation reinsurance liability, but the court didn't appear keen to take on the task.

  • April 14, 2015

    7th Circ. Squashes Senator's ACA Subsidies Suit

    The Seventh Circuit on Tuesday wiped out a challenge brought by U.S. Sen. Ron Johnson, R-Wis., over Affordable Care Act subsidies for members of Congress, finding no injury that would allow the lawmaker to litigate the matter.

  • April 14, 2015

    Paul Weiss Guides Exor’s $6.4B Bid For Reinsurer PartnerRe

    Exor SpA, the European investment firm controlled by Italy’s Agnelli family, on Tuesday offered to pay $6.4 billion to acquire reinsurer PartnerRe Ltd., with a proposal crafted by Paul Weiss Rifkind Wharton & Garrison LLP, looking to shake PartnerRe’s proposed $11 billion tie-up with Axis Capital Holdings Ltd.

  • April 14, 2015

    Foran Glennon's Bad Advice Cost Insurer $10M, Suit Says

    Foran Glennon Palandech Ponzi & Rudloff PC botched a dispute over a damaged apartment complex and compelled RSUI Indemnity Co. to settle for at least $10 million more than it should have, according to the insurer’s complaint filed in California federal court Monday.

  • April 14, 2015

    AIG Sues Superfund Site Owner Over $78M Cleanup Bill

    An American International Group Inc. unit sued the owner of a defunct metals mine and Superfund site in California federal court on Monday, alleging that it is owed almost $78 million and counting in reimbursements for environmental cleanup costs.

  • April 13, 2015

    New School, Insurer Seek $7M From Con Ed For Water Damage

    The New School, its insurer and others have filed suit against New York City and Consolidated Edison Inc. in New York state court, seeking more than $7 million for damages from a water main break in Manhattan last year that flooded nearby streets and buildings.

  • April 13, 2015

    Ex-Mutual Benefits Atty Seeks Retrial Over 'Jury Crasher'

    Mutual Benefits Corp.'s former outside counsel, sentenced to 10 years imprisonment and ordered to pay $827 million in joint restitution for MBC's insurance investment scam, asked a Florida federal judge on Friday for a new trial because one of the jurors purportedly hadn't actually been summoned for service.

  • April 13, 2015

    Arrowood Must Cover More Fees In Moldy Bed Row, Jury Says

    A Minnesota federal jury on Friday found that Arrowood Indemnity Co. must pay Select Comfort Corp. more than $400,000 to reimburse Select's costs to defend against a putative class action over defective beds that developed mold.

  • April 13, 2015

    7th Circ. Revives Suit Over Abbott Off-Label Scheme

    The Seventh Circuit on Monday revived a proposed class action from employer health insurance plans targeting Abbott Laboratories’ promotion of seizure drug Depakote for off-label uses, finding that a district judge jumped the gun when determining the case was filed too late.

  • April 13, 2015

    Zurich, Others Say Inept Crew Nixes Oil Spill Coverage

    Zurich American Insurance Co. and other insurers on Friday sued the owner-operators of the ship that crashed and spilled 58,000 gallons of oil into the San Francisco Bay, saying they don't have to cover the lost cargo because the ship's crew was inept.

Expert Analysis

  • Insurance Implications Of EPA's New Coal Ash Rules

    Mark J. Plumer

    In light of the U.S. Environmental Protection Agency's new rules regarding coal combustion residuals, companies with coal ash surface impoundments that were in operation prior to the mid-1980s should review historic general liability policies with an eye toward determining whether prior settlements of, say, manufactured gas plant claims may have released coverage, say Mark Plumer and Matthew Jeweler of Orrick Herrington & Sutcliffe LLP.

  • Insurers Should Learn From CoOportunity Health Collapse

    David E. Kopans

    CoOportunity Health’s path toward liquidation does not appear to be the result of any particular problem with the Affordable Care Act's Consumer Operated and Oriented Plan program. Rather, its downfall is a reminder of the uphill battle insurers face when entering a market with little to no claims data to predict accurate rates alongside experienced and established competition, says David Kopans of Jones Day.

  • Recent Trends In Pension Buyouts And Lump Sum Offers

    Brian Barrett

    While a defined benefit plan may face a lower funded ratio in 2015, pension experts nonetheless anticipate a greater amount of companies to execute pension buyouts — not only jumbo buyouts, but also midsized and smaller buyouts, say Brian Barrett and Bert Adams of Sutherland Asbill & Brennan LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.

  • Anthem Aftermath: Conn. Tackles Data Security Legislation

    Sam S.F. Caligiuri

    The recent introduction of a Connecticut data encryption bill modeled in part after the New Jersey law adopted in January is likely an early indication of a legislative trend in which other states will enact legislation to improve protection of personal information and the prevention and mitigation of unauthorized data breaches exposing their residents’ personal information, say attorneys with Day Pitney LLP.

  • Making The Most Of Insurance When CFPB Comes Calling

    Shelby S. Guilbert Jr.

    The only good news when facing a Consumer Financial Protection Bureau investigation or lawsuit is that most financial institutions have valuable insurance policies that may reimburse — or at least defray — some of the losses. While insurers may argue that such coverage should be unavailable because the damages being requested are “uninsurable,” recent trends show otherwise, say attorneys at King & Spalding LLP.

  • Paging Employers: Have You Considered Telemedicine?

    Rene Y. Quashie

    With the looming threat of the Affordable Care Act's so-called Cadillac tax on high-cost employer-sponsored health coverage, many employers are looking to telemedicine to control the costs of providing health benefits to their employees, say Rene Quashie and Amy Lerman of Epstein Becker & Green PC.

  • Policyholders Lose Last Leg In Chinese Drywall Case

    Dick C. Bennett

    Though insurance claims over Chinese drywall persist, the takeaway from Nationwide Mutual Insurance Co. v. CG Stony Point Townhomes LLC is that it is now crystal clear first-party contracts of insurance simply do not afford coverage for equipment breakdown, whether under the main body of the policy or under the policy’s extensions, says Dick Bennett of Cozen O'Connor PC.

  • A Primer On TCPA Insurance Coverage Issues

    Steven P. Wright

    Although recent decisions suggest that commercial general liability policies provide coverage for Telephone Consumer Protection Act claims, insurers have successfully pushed for language excluding coverage and have also shown a willingness to dispute coverage under errors and omissions and directors and officers policies, especially by relying on “invasions of privacy” exclusions in D&O policies, say attorneys at K&L Gates LLP.

  • Execs Name Top Industry Risks In 2015

    Patrick Scott

    To profile the risks many organizations face as they advance into 2015, we conducted a global survey of more than 275 board members and C-suite executives across a broad cross-section of industries in the fourth quarter of 2014. The results paint an interesting picture of the global business environment, specifically highlighting 10 areas of concern, say Jim DeLoach and Patrick Scott of Protiviti Inc.