• August 24, 2015

    9th Circ. Offers Hope For Proposed Title Kickback Class

    The Ninth Circuit on Monday partially upended a California federal judge’s refusal to certify a nationwide class of mortgage borrowers alleging First American Title Insurance Co. paid kickbacks to title agencies in exchange for exclusive referrals, finding that the plaintiffs had alleged a common scheme.

  • August 24, 2015

    Rabbis, States Back Little Sisters' ACA Mandate Challenge

    A group of Orthodox Jewish rabbis and 20 states led by Texas filed amicus briefs Monday urging the U.S. Supreme Court to take up the Little Sisters of the Poor's religious-freedom challenge of the Affordable Care Act's contraception mandate.

  • August 24, 2015

    Geico Pays $6M To Settle Rate-Quote Discrimination Row

    Geico General Insurance Co., a subsidiary of Warren Buffett’s Berkshire Hathaway Inc., will pay $6 million to settle claims that its online premium quoting system discriminated based on gender, education level and occupation, the California Department of Insurance said Monday.

  • August 24, 2015

    Allied Can't Recoup Part Of $31M Malpractice Settlement

    A Pennsylvania federal judge ruled Monday that Allied World Assurance Co. Ltd. can't recover some of its share of a $31.5 million medical malpractice settlement from Steadfast Insurance Co., holding that Steadfast was permitted to count attorneys' fees toward its policy limit.

  • August 24, 2015

    3rd Circ. Punts On Santander Disability Benefits Appeal

    The Third Circuit ruled Monday that it can't weigh in on a dispute over disability benefits between Santander Holding USA Inc. and a former employee because a federal judge's order remanding the employee's claims to benefits plan administrator Liberty Mutual isn't a final decision.

  • August 24, 2015

    Sanctions Threatened Over Delays In Sandy Insurance Suits

    A New York federal judge has had enough of the foot-dragging in 25 Federal Emergency Management Agency "write your own" insurance policy suits stemming from flood damage caused by Hurricane Sandy, threatening sanctions for settlement delays in an order Friday.

  • August 24, 2015

    Humana Must Fight Hospital's Payment Suit In State Court

    A Florida federal judge has remanded a suit alleging Humana Health Insurance Co. of Florida Inc. underpaid services and excluded a Miami-area hospital group from the state health care exchange's provider network, finding Humana had not been acting as a federal officer.

  • August 24, 2015

    Calif. AG Seeks Death Knell For Scan Health FCA Suit

    California’s top prosecutor on Friday sought to kill a fraud suit over Medicare and Medi-Cal overpayments at Scan Health Plan, denying the would-be whistleblower a cut of a $322 million settlement, saying that he shouldn’t be allowed to amend his claims because they mirrored a state audit report.

  • August 24, 2015

    Insurer Rips Beach Club's 'Collapse' Claim In Sandy Suit

    Evanston Insurance Co. on Friday urged a New Jersey federal court to reject a beach club's bid for coverage for the alleged collapse of some of its cabanas during Hurricane Sandy, asserting that the club crafted its collapse argument in order to dodge its policy's flood exclusion.

  • August 24, 2015

    Atty Feud Escalates To Ethics Claims Against Mazie Slater

    The feud between two name partners at Mazie Slater Katz & Freeman and a partner at their former firm has led to ethics complaints alleging insults in court, a stalled health insurance coverage suit and an improper suit against a class action plaintiff.

  • August 24, 2015

    Travelers Says Anchorage Port Claims Aren't Covered

    A group of Travelers Indemnity Co. units claimed in Alaska federal court on Saturday their policies don’t cover subcontractors that the city of Anchorage has accused of bungling work on a $340 million port project, arguing that design and construction defects can’t be considered “property damage.”

  • August 24, 2015

    Multicause Loss Standard Takes Spotlight In Fla. High Court

    The Florida Supreme Court is set to consider the standard for how to evaluate insurance coverage in instances where a policyholder's loss is caused by a combination of covered and excluded factors in a case that may resolve a conflict on the issue among the state's appellate courts. Here, Law360 examines the case in anticipation of oral arguments set for Sept. 2.

  • August 24, 2015

    Ill. Court Clears Cigna In Wellness Plan Trade Secrets Row

    An Illinois appeals court on Monday affirmed that Cigna Corp. didn't misappropriate health insurance product company Destiny Health Inc.'s trade secrets when developing a points-based wellness program for employers, finding that Destiny failed to show any evidence that Cigna had incorporated its secrets into the program.

  • August 24, 2015

    Fed. Circ. Upholds PTAB's Invalidation Of Progressive's IP

    The Federal Circuit on Monday upheld the U.S. Patent and Trial Appeal Board’s decision to invalidate Progressive Casualty Insurance Co.’s patents for its “Snapshot” driver monitoring system and online rate adjustments, rejecting the insurer’s claim that the PTAB made procedural errors by considering a Japanese patent application.

  • August 24, 2015

    Solera Tried To Undermine Car Data Contract, Suit Says

    A Canadian company that provides vehicle history reports sued automotive insurance data giant Solera Holdings Inc. for millions of dollars in Illinois federal court Friday, accusing it of interfering with a contract to share collision data because of displeasure with the contract’s cost.

  • August 24, 2015

    Reps And Warranties Insurance Boom Reshaping PE Deals

    More buyers of private equity assets are embracing representations and warranties insurance to stand out in crowded auctions where sellers demand enhanced bids, marking the growth of a product that experts say is increasingly deemed a prerequisite toward sealing middle-market deals.

  • August 24, 2015

    UnitedHealth Asks 8th Circ. To Revive $350M Insurance Feud

    UnitedHealth Group Inc. on Friday fired the latest salvo before the Eighth Circuit in its 10-year bid for coverage of a $350 million settlement from its excess insurers, claiming that a Minnesota federal judge who granted the insurers’ motion for summary judgment erred by applying an allocation standard he created.

  • August 21, 2015

    Media Co. Seeks $280K In Sanctions From Navigators

    Navigators Specialty Insurance Co. engaged in “evasion and word play” while litigating a duty-to-defend suit related to an underlying escrow transaction claim, Doublevision Entertainment LLC said Thursday, asking a California federal judge to grant it $280,000 in sanctions.

  • August 21, 2015

    7th Circ. Revives Claims Against RBS In Securities Row

    The Seventh Circuit on Friday revived claims in CUNA Mutual Group’s suit accusing RBS Securities Inc. of misrepresenting loan-to-value ratios within mortgage pools backing mortgage-backed securities, although it refused to let the insurance company add more claims.

  • August 21, 2015

    Veolia Says Lloyd's Can't Duck $132M Crash Payout Coverage

    A Veolia Transportation Inc. subsidiary on Friday told a California judge that Lloyd's of London and other insurers can't deny coverage for a $132.5 million train crash settlement, saying an exclusion in its policy for intentional acts of employees doesn’t apply to a train conductor who was distracted by his cell phone.

Expert Analysis

  • Graber V. State Farm Is A Texas Prompt Payment Outlier

    Brad E. Brewer

    A Texas federal judge's recent unprecedented ruling in Graber v. State Farm Lloyds is simply an anomalous bump in the road for a single insurer defendant, not an alteration of well-established Texas law regarding prompt payment of insurance claims, say Brad Brewer and James Holbrook at Zelle Hofmann Voelbel & Mason LLP.

  • Babcock And Beyond: Pa.'s Consent To Settlement Standard

    Traci Rea

    On July 21, the Pennsylvania Supreme Court issued its much-anticipated decision in Babcock & Wilcox Company, correctly resolving an issue of first impression that is critical for insurance policyholders, says Traci Rea of Reed Smith LLP.

  • A Common Exclusion That Puts Your D&O Coverage At Risk

    Darren S. Teshima

    A Florida district court ruling in Goldberg v. National Union suggests that a professional services exclusion found in most directors and officers policies may erase most of the coverage banks and other services companies believe they’re purchasing, say Darren Teshima and Bryan Coffey of Orrick Herrington & Sutcliffe LLP.

  • The Insured Value Of A Bankruptcy Claim: A New Variation

    John E. Heintz

    The bankruptcy of an insured does not relieve an insurer of its obligations to pay the claims held by creditors of the bankruptcy estate. Disputes sometimes arise over whether an insurer is obligated to pay the allowed value of an insured claim or only the fractional amount the creditor would get if there were no insurance coverage — however recent cases suggest there is a novel alternative, say John Heintz and Kyle Brinkman of Dic... (continued)

  • Understanding Mediation's 'Apex Conversation'

    Jeff Kichaven

    In any particular mediation, the sequence of events may not be followed exactly and there may be backing and filling along the way. Nonetheless, understanding the template of the "apex conversation" can help advocates tell where they are in the process, test whether the groundwork for the next stage is adequate and lead them to what should happen next, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Insurance Showdown In Texas: Seger V. Yorkshire Insurance

    Greg R. Wehrer

    The Texas Supreme Court in Seger v. Yorkshire Insurance Co. is grappling with possibly conflicting principles from its prior decisions in an appeal that may affect how insureds and insurers approach the duty to defend in Texas, says Greg Wehrer at Squire Patton Boggs LLP.

  • NJ Finally Joins Trend: Consequential Damage Is Covered

    Frederic Giordano

    Over the past decade, courts have wrestled with the issue of whether consequential damage caused by a subcontractor’s faulty workmanship constitutes “property damage” caused by an “occurrence” under commercial general liability policies. In Cypress Point Condominium Association Inc. v. Adria Towers LLC, New Jersey has sided with the majority, say Frederic Giordano and Robert Pawlowski at K&L Gates LLP.

  • Complying With ACA's 90-Day Waiting Period Limit

    Casey K. Fleming

    There is some conflict between the Affordable Care Act's waiting period rules and its employer shared responsibility rules, as the latter are less flexible than the former regarding rehires, says Casey Fleming of Foley & Lardner LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • The Interplay Between Indemnity And Insurance Clauses

    Jeffrey A. Kiburtz

    Setting aside whether indemnity is truly “deadly dull” and insurance is only generically boring, as one California court described them, the lack of a clear relationship between contractual indemnity provisions and insurance requirements can give rise to considerable uncertainty in construction contract litigation, say Jeff Kiburtz and Clark Thiel at Pillsbury Winthrop Shaw Pittman LLP.