• July 16, 2014

    5th Circ. Frees General Star From Architecture Coverage

    The Fifth Circuit said Wednesday that General Star Indemnity Co. doesn’t have to cover architecture firm Wisznia Co. Inc. in litigation alleging the company improperly designed a building, finding the policy excludes the types of claims Wisznia faced.

  • July 16, 2014

    House Can't Sue Obama For ACA Mandate Delay, Experts Say

    A prospective lawsuit challenging President Barack Obama's decision to delay the Affordable Care Act's employer mandate is doomed to fail as the U.S. House of Representatives lacks standing to sue the executive branch, two constitutional law experts told the House Rules Committee on Wednesday.

  • July 16, 2014

    Insurer Must Cover Derivatives Suits, Even In NY: 8th Circ.

    The Eighth Circuit on Wednesday held that Twin City Fire Insurance Co. must cover derivatives litigation brought against investment banking firm George K. Baum & Co., agreeing with Twin City that New York law applied but rejecting the argument that Baum’s claim wasn’t timely reported.

  • July 16, 2014

    BofA, JPMorgan Escape Mortgage Insurance Qui Tam Suit

    A California federal judge on Tuesday tossed a whistleblower suit accusing Bank of America, JPMorgan Chase Bank NA and others of fraudulently obtaining federal mortgage insurance by submitting loans based on inflated home prices, ruling the court lacked subject matter jurisdiction over the claims.

  • July 16, 2014

    Jury Instructions OK In Allstate Trial Win, 8th Circ. Rules

    The Eighth Circuit on Wednesday upheld Allstate Insurance Co.’s trial victory in a coverage dispute over a house fire suffered by a Missouri couple, rejecting the policyholders’ argument that flawed jury instructions tainted the verdict.

  • July 16, 2014

    Senate GOP Blocks Bill To Override Hobby Lobby Ruling

    Republicans in the U.S. Senate on Wednesday blocked Democrats’ legislative attempt to override the U.S. Supreme Court’s Hobby Lobby decision, voting against moving forward on a bill that sought to make employers responsible for providing contraceptive coverage under the Affordable Care Act regardless of religious objections.

  • July 16, 2014

    Fidelity Fights Class Cert. Over Title Insurance Premiums

    Fidelity National Title Insurance Co. on Wednesday asked a Florida appeals court panel to overturn the certification of a class of homeowners alleging the insurer improperly charged excessive title insurance premiums, arguing that too much individualized discovery would be needed.

  • July 16, 2014

    Broad & Cassel Adds International Pro To Corporate Group

    Florida-based Broad & Cassel said Wednesday it has fortified its corporate and securities practice group in its Miami office with the addition of an ex-DLA Piper attorney who has experience in banking, insurance, capital markets, securities, and mergers and acquisitions.

  • July 16, 2014

    Greenwich Can't Offload Costs Of Oil Well Explosion Deal

    An Ohio appeals court has said that Greenwich Insurance Co. can’t force one of its brokers to cover the costs of a settlement stemming from a deadly oil well explosion, finding it could not enforce an implied contract for indemnity where no liability was established.

  • July 16, 2014

    Onex Puts Up $1.3B For York Risk Services Group

    Canadian private equity firm Onex Corp. said Wednesday it would put up $1.33 billion to buy risk management business York Risk Services Group Inc. from its previous backer ABRY Partners in what is likely the last investment for Onex’s 2009 vintage fund.

  • July 16, 2014

    3rd Proxy Adviser Backs Aspen As Rival's $3.2B Bid Looms

    A third independent proxy adviser on Tuesday recommended that shareholders of Aspen Insurance Holdings Ltd. vote against a pair of proposals from fellow insurer Endurance Specialty Holdings Ltd. aimed at advancing its $3.2 billion takeover bid for Aspen.

  • July 16, 2014

    BofA To Pay $650M To AIG In Global RMBS Deal

    American International Group Inc. said Wednesday that it has reached a global settlement worth at least $650 million of all its claims against Bank of America Corp. and its affiliates over the sale of faulty residential mortgage-backed securities.

  • July 15, 2014

    Irell & Manella Beats DQ Bid In Calif. Insurance Fraud Row

    A California federal judge has refused to disqualify Irell & Manella LLP from representing State Compensation Insurance Fund in a lawsuit accusing a former hospital president and his son of fraud, saying the court wasn't persuaded that a former Irell partner's counsel to the son taints the case.

  • July 15, 2014

    6th Circ. Says Excess Insurer Must Foot $8M Defense Costs

    The Sixth Circuit held Tuesday that Westchester Fire Insurance Co. must pay nearly $8 million to cover IMG Worldwide Inc.'s defense in litigation stemming from a failed real estate project, finding the excess insurer should have stepped in when a primary insurer wrongly denied coverage.

  • July 15, 2014

    Burnham Brown Spreads To New SF, LA Digs

    Burnham Brown said on Tuesday it opened two new offices in California, doubling the firm’s footprint, with locations in San Francisco, which will house lawyers focused on toxic tort, insurance and business litigation, and Los Angeles, which will primarily handle employment, insurance, retail and transportation industry clients.

  • July 15, 2014

    Lloyd's Freed From Covering Calif. Hospital In Rape Case

    A California state appeals court ruled Monday that Certain Underwriters at Lloyd's, London did not have to cover a hospital under a claims-made policy for a lawsuit brought by a minor who was allegedly raped by a juvenile detainee while both were patients.

  • July 15, 2014

    5th Circ. Asked To Rehear Construction Defect Exclusion Row

    Two homeowners urged the Fifth Circuit to rehear their construction defect case after the appeals court held that Mid-Continent Casualty Co. correctly applied a contractual liability exclusion, arguing that the order conflicts with a Texas Supreme Court decision which narrowed the exclusion's scope.

  • July 15, 2014

    House GOP Slashes IRS Funds As White House Threatens Veto

    The U.S. House of Representatives on Monday passed an amendment to a federal funding bill that would cut the Internal Revenue Service’s budget by $353 million, the same day that the Obama administration threatened to veto the legislation for impeding implementation of the Affordable Care Act.

  • July 15, 2014

    Bank Fraudster Wants Scottsdale Held Liable For Legal Fees

    A former GDC Acquisitions LLC chief financial officer convicted for his role in a $21 million bank fraud on Tuesday asked a New York judge to order Scottsdale Insurance Co. to pay his outstanding legal fees, while the insurer sought to recoup the funds it spent on his defense.

  • July 15, 2014

    Hobby Lobby Makes NY 'Boss Bill' Vital, Sponsor Says

    Passage of a New York state proposal to block employers from discriminating against workers based on their reproductive health decisions is even more important now that the U.S. Supreme Court has given closely held corporations the right to deny contraceptive coverage, proponents of the so-called Boss Bill said Tuesday.

Expert Analysis

  • Looming Expiration Of The Terrorism Risk Insurance Act

    Daniel J. Evans

    One could make an argument that the momentum in Congress appears, at least at present, to have shifted from a question of whether the expiring Terrorism Risk Insurance Act will be extended to the form such extension may take. Notwithstanding past successes in extending the act, the effect on the markets will almost certainly be substantial if TRIA is allowed to expire, say Daniel Evans and Seth Fersko of Seyfarth Shaw LLP.

  • 2nd Circ. Case Will Have Far-Reaching ERISA Implications

    James E. Scheuermann

    The Second Circuit's decision in Euchner-USA Inc. v. Hartford Casualty Ins. Co. is doubly significant. First, for its rejection of commonly asserted insurer defenses to coverage for Employee Retirement Income Security Act claims. Further, future private litigation — including class actions — under the Affordable Care Act may well implicate employee benefits liability coverage issues that have been decided in the ERISA context, says... (continued)

  • Insurance Matching Regulations Increase Litigation Risks

    Paul E. Dwyer Jr.

    A growing number of states have adopted so-called “matching” regulations, requiring the replacement of undamaged items when the damaged items cannot be replaced in a way that achieves a reasonably uniform appearance, which may give rise to increased litigation in the coming years. In addition, recent cases might strengthen a plaintiff’s argument that “reasonably uniform appearance” must be more strictly interpreted, say Paul Dwyer ... (continued)

  • Fla. Law May Become Standard For Private Flood Insurance

    Anthony J. Tinelli Jr.

    Should private insurance companies wish to participate in providing flood coverage, Florida’s insurance industry could become a role model for other states. However, in order for SB 542 to have an impact, private insurers must find a way to effectively participate in a market that is undermined by the National Flood Insurance Program's presence, say Anthony Tinelli Jr. and Michelle Diverio of Lydecker Diaz LLC.

  • Primer On Underwriting Insurance Risks In Argentina

    Jose M. Umbert

    While Argentina presents excellent opportunities for the global (re)insurance industry, there are important underwriting risks to consider. Global companies in the country should pay close attention to underwriting issues, namely the provisions in contracts addressing business interruption, underinsurance, loss payment, dispute resolution and claims control, say attorneys at Zelle Hofmann Voelbel & Mason LLP.

  • Smartphone Forensics: Tips From The E-Discovery Trenches

    Jeffrey Hartman

    Seeking discovery of electronically stored information on mobile devices does not come naturally to most attorneys, since they are simply not accustomed to asking for it, but this data can make or break your case, says Jeffrey Hartman, co-founder of 4Discovery.

  • UK-Based LLP Partners Now Enjoy More Protections

    Sharon Tan

    The crux of the debate in Bates van Winklehof v. Clyde & Co LLP was whether a partner could be considered a “worker” under U.K. law. The U.K. Supreme Court's holding will have potentially wide-reaching implications for LLPs with U.K.-based partners, say Katie Clark and Sharon Tan of McDermott Will & Emery LLP.

  • ACA, Health Insurance Exchanges And The Future Of COBRA

    Jo Ann Butler

    Although the Affordable Care Act did not repeal or alter the Consolidated Omnibus Budget Reconciliation Act, many speculate that COBRA may become less relevant as individuals can now forgo it in lieu of the new health insurance marketplaces. Two recent government announcements aid employers’ ability to steer COBRA-eligible individuals to such marketplaces, thereby decreasing COBRA liability under their group health plans, say attor... (continued)

  • Court Clarifies Insurers' Replacement-Cost Obligations

    Todd M. Tippett

    With his strongly worded opinion in the Texas hail claim case, Central Mutual Insurance Co. v. White Stone Properties Ltd., U.S. District Judge Sam Sparks clearly intended to send a strong message to contractors performing insurance restoration work — you had better be a real contractor and your pricing had better reflect the real cost to perform the restoration work, says Todd Tippett of Zelle Hofmann Voelbel & Mason LLP.

  • Heller Ruling May Be Knockout Punch Against Jewel Claims

    Robert L. Eisenbach III

    It’s not an overstatement to say that a California district judge’s decision last week in the Heller Ehrman LLP bankruptcy case essentially dismantles the applicability of Jewel v. Boxer to insolvent or bankrupt law firms. If upheld after any appeal and followed by other courts, the decision could mark the end of California “unfinished business” claims against law firms in the noncontingency, hourly fee context, says Robert Eisenba... (continued)