• May 18, 2016

    Papers Want Sandusky Claim Info Unsealed In Insurance Row

    A group of media outlets urged a Pennsylvania state judge on Friday to unseal records in the dispute between Penn State University and its insurer that led to the bombshell revelation that allegations of sex abuse by former football coach Jerry Sandusky may have started decades earlier than previously thought.

  • May 18, 2016

    NFL Retirement Plans Say 'Neutral' Docs Don't Defraud Players

    Two NFL retirement plans said Tuesday that they do not breach their fiduciary obligations to players by using “neutral” doctors to help determine whether benefits should be awarded, urging a California federal court to toss part of a lawsuit from a player who says he was denied benefits for neck injuries despite the opinions of his own doctors.

  • May 18, 2016

    Mexican President Proposes Legalizing Same-Sex Marriage

    While speaking at an International Day Against Homophobia event in Mexico City on Tuesday, Mexican President Enrique Pena Nieto proposed constitutional reform that would legalize same-sex marriage.

  • May 17, 2016

    Travelers Sued Over Discriminatory Voucher-Tied Practices

    The National Fair Housing Alliance hit Travelers with a discrimination lawsuit Tuesday in D.C. federal court, accusing the insurer and its affiliates of denying coverage to D.C. landlords who lease residential units to tenants who pay with public vouchers.

  • May 17, 2016

    EEOC Says Co. Cannot Duck Challenge To 'Wellness' Program

    The Equal Employment Opportunity Commission told a Wisconsin federal judge Tuesday that recently finalized agency regulations prohibit an energy management company’s defense to Americans with Disabilities Act claims over its firing of an employee who objected to its wellness program.

  • May 17, 2016

    Gilstrap Pauses Intellectual Ventures Suit For AIA Review

    U.S. District Judge J. Rodney Gilstrap has agreed to stay Intellectual Ventures’ infringement suit against a pair of insurance companies while the Patent Trial and Appeal Board considers an America Invents Act review of an e-commerce patent, a somewhat rare move for the Texas judge.

  • May 17, 2016

    Highmark Hits US With $223M Suit Over Unpaid ACA Money

    Insurance company Highmark Inc. lodged a suit against the federal government on Tuesday seeking $223 million in unpaid obligations it is allegedly owed for participating in the health care exchanges created by the Affordable Care Act.

  • May 17, 2016

    Insurer Says Deflategate Order Aids Its Own Arbitration Row

    Insurance Co. of the Americas told a New York federal judge Tuesday that the Second Circuit’s recent decision in the NFL’s so-called Deflategate scandal supported confirming a reinsurance arbitration award it won in a dispute with certain underwriters at Lloyd’s of London over workers’ compensation claims.

  • May 17, 2016

    Builders Support $2.5M Hurricane Coverage Bid At 11th Circ.

    A pair of building trade groups urged the Eleventh Circuit on Tuesday to overturn a Florida federal court's decision that Crum & Forster doesn't have to defend Core Construction Services Southeast Inc. in a $2.5 million lawsuit over damage to a condominium complex, saying the lower court's ruling is contrary to Florida law.

  • May 17, 2016

    NICO's $168M Spat With Brazilian Insurance Co. Paused

    A New York federal judge agreed Tuesday to hold off on enforcing a judgment against a Brazilian reinsurer while the company appeals the court’s order confirming three arbitration awards in favor of Berkshire Hathaway’s National Indemnity Co. in a $168 million insurance settlement dispute.

  • May 17, 2016

    Ex-Condo Directors Not Insured For $12M Verdict, Suit Says

    Great American Insurance Co. brought a lawsuit Tuesday arguing that it isn’t responsible for covering nearly $12 million in damages awarded to a community association managing two beachfront condominium towers in Panama City, Florida, after a jury held that former directors misused their positions.

  • May 17, 2016

    Vemma Says Hanover Must Defend FTC's Pyramid Scheme Suit

    Vemma urged an Arizona federal court Tuesday to order Hanover Insurance to cover its defense costs in an Federal Trade Commission lawsuit claiming its energy-drink distribution system is a pyramid scheme, saying that the company may be unable to effectively defend the agency's claims otherwise.

  • May 17, 2016

    USF&G Needn't Cover $35M Fendi TM Win, 2nd Circ. Says

    U.S. Fidelity & Guaranty Co. doesn't have to cover $35 million in awards to luxury goods company Fendi Adele SRL in trademark infringement litigation against a seller of counterfeit handbags, because the damages didn't stem from the counterfeiter's advertising, the Second Circuit affirmed Tuesday.

  • May 16, 2016

    Insurers Must Produce Some Docs In Amtrak Coverage Fight

    A New York federal court on Monday ordered AIG companies to produce for Amtrak dozens of documents from 2006 to 2012 in a dispute involving dozens of London insurers attempting to skirt coverage of environmental cleanup and asbestos exposure liability, saying AIG failed to show the documents were privileged.

  • May 16, 2016

    EEOC Regs Clear Path For Widespread Wellness Plan Use

    The U.S. Equal Employment Opportunity Commission on Monday finalized rules outlining how employers can offer limited incentives for wellness plans without running afoul of the Americans with Disabilities Act, providing a road map that attorneys say will allow the use of wellness programs to continue gaining steam.

  • May 16, 2016

    Obama Has Edge As Justices Urge Contraception Compromise

    Religious nonprofits earned a victory on Monday when the U.S. Supreme Court urged compromise over the Affordable Care Act's contraception mandate, but the Obama administration has the upper hand in negotiations, experts say.

  • May 16, 2016

    Nonprofit Execs Not Covered Under D&O Policy, Insurer Says

    Philadelphia Indemnity Insurance Co. urged a Rhode Island federal court Monday to find that a $1 million directors and officers policy it issued to a now-defunct nonprofit doesn't cover a receiver's suit against former executives accused of mishandling funds, saying claims filed on the organization's behalf are excluded from coverage.

  • May 16, 2016

    Sedgwick Picks Up Dallas Litigator As Partner

    Sedgwick LLP on Monday announced that it has added a former Hawkins Parnell Thackston & Young LLP litigator as a partner in its Dallas office.

  • May 16, 2016

    Deals Rumor Mill: Didi, AIG, BOC Aviation

    Fresh off a $1 billion investment from Apple last week, Uber rival Didi Chuxing is exploring an initial public offering for next year, activist investor Carl Icahn upped his stake in AIG as his push for a shakeup of the insurer continues, and aircraft leasing outfit BOC Aviation has found cornerstone backers for its planned $1.1 billion IPO.

  • May 16, 2016

    7th Circ. Affirms Insurer Win In Karlin Fleisher Wage Row

    Hartford Casualty Insurance Co. doesn't have to defend Chicago law firm Karlin Fleisher & Falkenberg LLC in an underlying $1 million employment compensation suit, the Seventh Circuit affirmed Monday, holding that the underlying claims for breach of contract aren't covered under Hartford's policy.

Expert Analysis

  • Tribes Need More Than Just The Sovereign Immunity Defense

    Erica J. Dominitz

    For tribes with gaming or other vibrant business operations, lawsuits happen all too often, and although many tribes and their commercial operations enjoy sovereign immunity, they should take full advantage of the benefits of liability insurance to cover both defense costs and any resulting settlement, say Erica Dominitz and Venus Prince at Kilpatrick Townsend & Stockton LLP.

  • A Look At The ALI's Restatement Of Liability Insurance

    Victor E. Schwartz

    Victor Schwartz and Christopher Appel at Shook Hardy & Bacon LLP examine Yale Law School professor George Priest's criticisms of the American Law Institute's "Restatement of the Law of Liability Insurance" project, which the professor says would adversely impact insurance operations, causing harm to insurers, policyholders and society as a whole.

  • Enforceability Of NY Product Liability Settlements

    Theodore W. Ucinski III

    When counsel agree to a settlement figure in a product liability matter, a confirming letter or email is typically sent by one of the parties, though a formal settlement agreement may be drafted later. But is that initial email enough to enforce a settlement in New York? ask Theodore Ucinski and Matthew Libroia at Goldberg Segalla LLP.

  • When Pre-IPO Companies Fail To Launch

    Kevin M. LaCroix

    When a company is planning an initial public offering, there is a natural tendency to focus on the public company liability exposures it will face after its offering is completed. While this effort is appropriate, the company may overlook the liability exposures it may face if it fails to complete its offering, says Kevin LaCroix of RT ProExec.

  • Developments At The NAIC Spring Meeting: Part 3

    Thomas M. Kelly

    In the last part of a three-part series highlighting some of the developments from the National Association of Insurance Commissioners' spring meeting, attorneys at Debevoise and Plimpton LLP discuss long-term care and health insurers, receivership and insolvency, the financial stability task force and valuations of the securities task force.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Developments At The NAIC Spring Meeting: Part 2

    Thomas M. Kelly

    In the second part of a three-part series highlighting some of the developments from the National Association of Insurance Commissioners' spring meeting, attorneys at Debevoise and Plimpton LLP take a look at international insurance issues, corporate governance, groupwide supervision and risk-based capital developments.

  • Parsing 'True Relief' In Florida's 4th District

    Cambo, Cristina.jpg

    In light of MYD Marine Distributor Inc. v. International Paint Ltd., a party with a case pending in a trial court in Florida's Fourth District Court of Appeal can no longer shield itself from exposure to attorneys’ fees by including a cause of action for nonmonetary damages when the “true relief” sought in litigation is monetary, says Cristina Cambo of Rumberger Kirk & Caldwell PA.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Aetna V. BASM: A Health Care War Over Costs And Contracts

    Carol K. Lucas

    The jury's verdict in Aetna Life Insurance v. Bay Area Surgical Management should not be read as a death knell for the health care industry’s out-of-network model. However, it represents a significant battle in an ongoing war between insurers trying to control costs and out-of-network providers who argue they cannot contract on reasonable terms, says Carol Lucas at Buchalter Nemer.