• April 21, 2015

    Hartford Seeks Payback For Pie-Tin Maker’s Pollution Suits

    Penny Plate Inc. isn’t covered against claims in two lawsuits accusing the company of improperly disposing of toxic chemicals and concealing the dumping, Hartford Accident and Indemnity Co. told a New Jersey federal judge, seeking repayment for defense and indemnification costs.

  • April 21, 2015

    PSEG Settles Sandy Row With Insurers In NJ

    Public Service Enterprise Group Inc. has reached a settlement with remaining insurance defendants in its lawsuit over Superstorm Sandy damages, which accused carriers of dodging their payout responsibilities under $1 billion in primary and excess policies, attorneys for the parties confirmed Tuesday.

  • April 20, 2015

    Baker & McKenzie Nabs Ex-Locke Lord Insurance Pro In NY

    A former Locke Lord LLP managing partner has joined Baker & McKenzie LLP as a partner in the firm's New York office, bringing a wealth of experience in complex insurance issues, including matters relating to privacy and cybersecurity, financial institutions and the energy sector,  Baker announced Monday.

  • April 20, 2015

    Court Can't Collect $30M In Life Insurance Dispute: 2nd Circ.

    The Second Circuit on Monday vacated a district court's order directing the trustee of a welfare benefit fund to deposit $30 million to satisfy a judgment against it in a dispute over the payment of life insurance proceeds, finding that the court can't collect damages owed to a party by imposing a sanction.

  • April 20, 2015

    Insurer Fights Costs Of $10.5M Green Jacobson Legal Mal Row

    Now-defunct law firm Green Jacobson PC’s insurer, Federal Insurance Co., is alleging that it has no obligation to cover additional defense costs the firm incurred after SKMDV Holdings Inc. won $10.5 million in a legal malpractice suit over a botched asset sale, according to a suit removed Friday to Missouri federal court.

  • April 20, 2015

    Ga. High Court Sides With XL In 'Consent-To-Settle' Fight

    The Georgia Supreme Court on Monday found that XL Specialty Insurance Co. isn't required to pay for all of Piedmont Office Realty Trust Inc.'s $4.9 million settlement of a shareholder class action, holding that Piedmont's failure to obtain XL's consent for the deal dooms the policyholder's breach of contract suit against the insurer.

  • April 20, 2015

    Health Insurance Startup Oscar Valued At $1.5B In Financing

    Health insurance carrier Oscar Insurance drew $145 million in its latest fundraising round, the company announced Monday, earning it membership in the growing club of startups valued at more than $1 billion.

  • April 20, 2015

    Hartford Suit Over $15M Squire Patton Tab Has Firms On Edge

    The California Supreme Court is set to hear arguments next month in a dispute over whether Hartford Casualty Insurance Co. can seek reimbursement from a policyholder's lawyers from Squire Patton Boggs LLP, and attorneys say a ruling in the insurer's favor could scare off law firms from serving as independent counsel and erase the incentive for insurers to defend upfront.

  • April 20, 2015

    3rd Circ. Won't Rethink Sandy Debris Ruling

    The Third Circuit on Friday denied a petition to rehear a case filed by two homeowners urging the court to reverse its decision that "insured property" on their Standard Flood Insurance Policy doesn't include land because it conflicts with the common meaning of property.

  • April 20, 2015

    Travelers Can't Raise New Asbestos Defense, Court Told

    Travelers Casualty & Surety Co. missed its chance to distinguish between asbestos and products that contain the material in a $120 million dispute over coverage under its policies, General Refractories Co. told a Pennsylvania federal court in a motion for declaratory judgment filed Friday.

  • April 17, 2015

    Estee Lauder Insurer Denied Replay Of Late-Notice Defense

    A New York Supreme Court judge nixed OneBeacon Insurance Group’s attempt to reargue that Estee Lauder Inc. provided late notice of its claims related to dumped hazardous materials, saying that the insurer’s previous withdrawal of its late notice defenses isn’t a waiver of those defenses.

  • April 17, 2015

    State Insurance Regulators Step Up Cybersecurity Pressure

    The National Association of Insurance Commissioners on Friday warned that state regulators are planning to more closely scrutinize insurers' data security practices, and are expecting industry members to take steps to ramp up threat information-sharing and tighten breach notification.

  • April 17, 2015

    3 Questions About EEOC Rules And Wellness Programs

    The proposed U.S. Equal Employment Opportunity Commission rule published Monday on using financial incentives to encourage worker participation in wellness programs was welcomed by management-side attorneys, but they still had questions about some areas. Here, Law360 looks at three open issues on the minds of attorneys and employers.

  • April 17, 2015

    Ecolab Buys 882,000-Sq.-Ft. Travelers Tower In St. Paul

    Ecolab Inc. said Thursday it is buying a 17-story, 882,000-square-foot tower in St. Paul, Minnesota, from The Travelers Cos. Inc. and plans to move its in-town world headquarters to the property.

  • April 17, 2015

    11th Circ. Won't Rehear Stock Certificate Loss Case

    The Eleventh Circuit on Thursday denied an Alabama bank’s request for a rehearing of the court’s decision that a Travelers Cos. Inc. financial institution bond didn’t cover losses the bank suffered when a customer defaulted on loans backed in part by a bogus stock certificate.

  • April 17, 2015

    Atty Can’t Prove Insurer Promised To Hire Him, Judge Says

    A California federal judge on Thursday declined to reconsider an order finding that Lexington Insurance Co. didn’t renege on an oral agreement with Cell-Crete Corp. to hire its personal counsel, ruling that additional depositions wouldn’t advance the plaintiffs’ claims.

  • April 17, 2015

    Seyfarth Shaw, Banks Ran Tax Shelter Scam, Suit Says

    Seyfarth Shaw LLP, Northern Trust Corp. and Christiana Bank & Trust Co. were sued Friday for allegedly hawking an illegal tax shelter scheme that cost Applied Underwriters Inc.'s founder millions of dollars in back taxes on his $64 million stock sale to Berkshire Hathaway Inc.

  • April 17, 2015

    Hogan Atty's Crash Not Covered By Firm Policy: Va. High Court

    The Virginia Supreme Court ruled Thursday that a former Hogan Lovells partner wasn't covered by the firm's insurance policy with Federal Insurance Co. when he was involved in a car accident while commuting to work, concluding that the attorney wasn't using the vehicle for the firm's business or personal affairs.

  • April 17, 2015

    Wells Fargo Exec Wants Gov’t Docs In $189M Fraud Suit

    A Wells Fargo Bank NA executive asked a New York federal judge on Thursday to make the government release 179 withheld documents in a $189 million mortgage insurance suit against the bank, saying the government has failed to show a lawful rationale for withholding them.

  • April 16, 2015

    Carlton Fields Adds Ex-Locke Lord Insurance Pro In LA

    Carlton Fields Jorden Burt LLP has snagged a former Locke Lord LLP insurance and reinsurance pro with experience in litigation, regulatory and transactional matters for its Los Angeles office, the firm announced Thursday.

Expert Analysis

  • Ensuring Prompt Insurance Payments In Germanwings Tragedy

    Robert Alpert Sr.

    If Lufthansa and its insurers follow the Air Florida and Pan Am/Lockerbie process of compensating the families of victims of Germanwings Flight 9525 then it would be devastating to all parties. The issue then becomes one of prompt compensation for the families of the victims, especially since the airline apparently knew of the co-pilot’s mental instability and still cleared him to fly, says Robert Alpert Sr. of Morris Manning & Martin LLP.

  • A Lesson On Indemnification Clauses And Relitigation

    Richard M. Brodsky

    One of the lessons learned from National Union Fire Insurance Company of Pittsburgh PA v. Tokio Marine and Nichido Fire Insurance Company is how a subtle change to a standard indemnification clause can save product manufacturers, product sellers and their insurers from costly relitigation, says Richard Brodsky of Miles & Stockbridge PC.

  • The Perilous 'Superperil' Ruling In NJ Storm Surge Case

    Thomas H. Cook Jr.

    By recognizing a "Named Windstorm" superperil, bound only by the policy’s outer limits, the ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. is at odds with settled case law and erodes contract certainty, says Thomas Cook Jr. of Zelle Hofmann Voelbel & Mason LLP.

  • Accounting For Auto Makeup In Insurance Calculations

    Angela Kassube

    As physical damage insurers consider the extra expense for autos that do not have original equipment manufacturer alternatives, undoubtedly such insurers will be paying full value to replace damaged vehicle components while the market catches up to the various changes in manufacturing, says Angela Kassube of Scottsdale Insurance Co.

  • Inside The New Data Breach Laws In Montana And Wyoming

    Ellen Giblin

    Although Montana and Wyoming may be amending their statutes to provide clarification and guidance to companies that hold the personally identifiable information of their residents, the new requirements compound the difficulties of having differing data breach laws in force in 47 states, says Ellen Giblin of Locke Lord LLP.

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • This Week In Congress: A Few Hearings Outside Of DC

    Richard Hertling

    The statutory deadline by which Congress must pass a budget is April 15, which means the House and Senate must work quickly to iron out the differences between their two proposals when they return to Washington in two weeks. A significant issue of disagreement will be between the defense and deficit hawks over military funding, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.