• July 25, 2016

    Hartford, Liberty Must Cover Spyware Suit, 9th Circ. Told

    An Aaron's franchisee urged the Ninth Circuit on Monday to reverse a Montana federal court's decision and rule that units of Liberty Mutual and The Hartford must provide coverage for a pair of actions accusing it of spying on customers through rental computers, arguing that the lower court wrongly applied a policy exclusion.

  • July 25, 2016

    Defendant Seeks DQ Of Insurer's Counsel In $180M RICO Suit

    One of several defendants named in insurer Boston Life and Annuity's $180 million conspiracy suit against Greenberg Traurig LLP, KPMG LLP and others asked a Florida federal court Monday to disqualify the insurer's counsel for previously representing him.

  • July 25, 2016

    Insurer's Pollution Exclusion Not Enforceable, Judge Says

    Old Republic Insurance Co. cannot assert a sweeping pollution exclusion in policies issued to the owner of a small Chicago-area airport to bar coverage for a regulatory action over environmental contamination, an Indiana federal judge ruled Monday, saying the exclusion is overly vague and therefore unenforceable.

  • July 25, 2016

    The Biggest Fla. Court Decisions Of 2016: Midyear Report

    The Florida Supreme Court gave workers and smokers a boost in the first half of 2016 as it scuttled parts of the state's workers' compensation law and made it easier for Engle progeny plaintiffs to seek punitive damages against tobacco companies, among other recent decisions that have made waves.

  • July 25, 2016

    Cigna Liable For Home Health Co. In FCA Suit, Relator Says

    A whistleblower accusing Addus Homecare and a Cigna Corp. subsidiary of Medicare and Medicaid fraud on Friday told an Illinois federal court that the insurer should be held responsible for the actions of its relatively new subsidiary, as the companies have been closely tied since before the 2013 purchase.

  • July 25, 2016

    Blue Cross Seeks New Trial In $26M Contract Suit

    Blue Cross Blue Shield of Louisiana has told a federal judge that it was entitled to either judgment in its favor or a new trial after a jury found in favor of Encompass Office Solutions, which claimed the insurer deprived it of $25 million in future revenue, because it brought the claims too late.

  • July 25, 2016

    Ironshore Can't Escape 23andMe Test Accuracy Coverage Spat

    A California federal judge on Friday ruled that Ironshore Specialty Insurance Co. can't lean on a contractual liability exclusion to bar genetic testing company 23andMe Inc.'s request for coverage of proposed class claims that its tests are inaccurate, but found that the insurer doesn't have to cover the company's costs to respond to a probe by Washington state.

  • July 25, 2016

    Lamorak Says Viking Order Warped In $87M Coverage Row

    Lamorak Insurance Co. told the Second Circuit Friday that Olin Corp. relies too heavily on and twists the words of a recent insured-friendly New York state appeals court decision as the chemical producer seeks to keep in place an $87.2 million coverage order for cleanup of a half-dozen contaminated sites.

  • July 25, 2016

    Fed Gives More Time For Insurance Capital Comments

    The Federal Reserve on Monday gave the industry and other interested parties an extra month to weigh in on an agency proposal for how insurance companies under Fed supervision should calculate their capital levels and protect against risk.

  • July 25, 2016

    Office Depot’s Defend Claim Revived In $30M Fight With AIG

    A California federal judge will reconsider a dismissed duty to defend claim in Office Depot’s $30 million lawsuit seeking coverage from AIG Specialty Insurance Co. for a whistleblower suit after looking over the filings again and concluding the insurer never actually moved to toss the defend claim.

  • July 25, 2016

    NJ Lawmaker Proposes State Universal Health Care Plan

    A New Jersey lawmaker wants to institute a health care program in which the state government, not private insurers, acts as a “single payer” that negotiates and covers the cost of care, cutting expenses for patients and freeing them from traditional insurance network restrictions.

  • July 22, 2016

    DirecTV Programming Not 'Data' Under Exclusion, Court Says

    Axis Insurance Co. must cover a television provider's costs to defend a lawsuit alleging it provided unauthorized access to DirecTV programming, a Maryland federal judge ruled Friday, holding that a policy exclusion for unapproved use of data doesn't apply because the programming doesn't fit the policy's definition of data.

  • July 22, 2016

    Squire Patton Boggs Sued By Ex-Atty Over Disability Coverage

    A former Squire Patton Boggs LLP attorney is suing the firm and Prudential for allegedly denying her disability coverage for conflicting and untrue reasons, according to a complaint filed in Ohio federal court on Friday.

  • July 22, 2016

    Church-Linked Hospital Takes ERISA Rules To High Court

    A church-affiliated hospital in New Jersey has urged the U.S. Supreme Court to rule that employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, challenging a circuit ruling that the exemption only applies to plans established by churches.

  • July 22, 2016

    Hanover Is Sued Over Costs From Dershowitz Defamation Case

    Hanover Insurance Group was hit with a suit in Florida federal court Friday by another insurer for indemnity of legal costs for famed lawyer Alan Dershowitz stemming from allegations that he defamed two lawyers who represented a woman who accused him of having sex with her when she was underage.

  • July 22, 2016

    Iowa Justices Should Weigh Faulty-Work Coverage, Court Told

    A window and door manufacturer that's suing Liberty Mutual for coverage of product liability claims urged a federal judge on Friday to seek the Iowa Supreme Court's input about whether damages to other property stemming from a policyholder's faulty workmanship can be covered under a commercial general liability insurance policy.

  • July 22, 2016

    Humana To Largely Drop Out Of ACA Marketplace

    Humana Inc. will be pulling out of “substantially all” state marketplaces created under the Affordable Care Act, likely leaving all but 11 states, the insurer said on Thursday in an earnings report.

  • July 22, 2016

    Lawyer Denied Texas High Court Review Of Ex-Client Row

    The Texas Supreme Court on Friday declined to review a lawyer’s argument that the receiver for one of his former clients, an insolvent insurer, must arbitrate an attempt to recoup fees allegedly paid to the attorney to represent the insurer’s management in claims that had nothing to do with the company.

  • July 22, 2016

    11th Circ. Urged To Get Fla. Court's Input On Insurance Row

    A private equity firm has asked the Eleventh Circuit to seek the Florida Supreme Court's guidance on whether an insurance company accused of its breaching its obligations to a policyholder can be excused from those duties if a third party steps in and pays the insured's losses.

  • July 22, 2016

    Bear Stearns Didn't Need Insurers' OK For Settlement: Judge

    A New York state judge has ruled that Bear Stearns did not necessarily trigger an exclusion to its insurance policy by entering a settlement with the U.S. Securities and Exchange Commission in 2006 without its insurers' permission, as the insurers had already made clear they were denying the claim.

Expert Analysis

  • The Smart Money Is Not Following Traditional Law Firms


    A recent survey by Deloitte shines a light on where legal delivery is headed. Demand for services is robust, but satisfaction with the incumbent delivery model is low. This disconnect underscores the opportunity for disruption, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Big Data: Courts Put Regulators In The Driver’s Seat

     Thomas W. Curvin

    In lawsuits filed in California, plaintiffs have challenged insurers’ alleged use of one early application of big data: consideration of a policyholder’s price sensitivity through price optimization. Those cases were stayed earlier this year, suggesting that courts may defer to regulators on price optimization, say Sutherland Asbill & Brennan LLP.

  • RFP Lessons: 5 Ways Law Firms Can Beat Frustration

    Richard A. Rosenbaum

    Requests for proposal now look more like information technology inquiries and may include a completely separate appendix directed at case management technology, billing and cybersecurity. We have a chance to thrive in this environment, but it takes collaboration and a reward system that reinforces the right behaviors, says Richard Rosenbaum, executive chairman of Greenberg Traurig LLP.

  • RFP Lessons: 7 Tips To Improve Your Responses


    Now that legal departments have gotten the hang of managing requests for proposal, they are honing their legal services procurement processes and refining the RFP questions, says Joi Scardo, marketing and business development senior strategist at Jaffe.

  • Insurance Agents — Help Your Client, But Protect Yourself

    Barry D. Lapides

    Insurance agents are an easy target for litigation when an insurance company refuses to pay for damages to a property, especially when clients are faced with a difficult financial situations, like in the aftermath of a hurricane, say Barry Lapides and Gina Clausen Lozier at Berger Singerman LLP.

  • RFP Lessons: A General Counsel's List Of Law Firm Mistakes

    Dave Sampsell

    All too often, law firm financial proposals are too complicated, making them contingent on a host of different assumptions. This makes determining the value of the proposal extremely difficult, and the odds increase dramatically that the proposal will be disregarded, says Dave Sampsell, general counsel of Digi International Inc.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • The Latest State To Regulate 3rd-Party Funding By Statute


    Indiana recently joined a handful of other states that authorize and regulate the consumer third-party litigation funding industry by statute. Scheduled to take effect on July 1, the statute also establishes a new distinction between the various types of legal funding. But, in doing so, it could potentially reduce the availability of capital, says Victoria Shannon Sahani, associate professor at Washington and Lee University School of Law.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.