Insurance

  • June 24, 2016

    Brexit Will Lead Insurers To Restructure EU Operations

    The United Kingdom's vote Thursday to exit the European Union could force insurance companies that conduct business across the bloc from offices in Britain to expand their operations in EU member states, but British policymakers are unlikely to deviate from the bloc's insurance regulatory regime, experts say.

  • June 24, 2016

    REIT Chesapeake Lodging Scores $150M Loan From MetLife

    Chesapeake Lodging Trust has scored $150 million in financing backed by a Hyatt hotel in Boston from MetLife Inc., the Annapolis, Maryland-based real estate investment trust announced on Thursday.

  • June 24, 2016

    49ers Insurer Slams Bid For Cost Sharing In Assault Row

    San Francisco 49ers insurer Great Divide urged a California federal judge Thursday to toss a suit by First Mercury that claims the insurers should have to at least share the costs stemming from a suit filed by two men who were assaulted at a 49ers game.

  • June 24, 2016

    Insurers Say Judge Erred In Ordering Coverage Of Leak Suits

    A group of insurers urged a California federal judge Thursday to reconsider his ruling that they owe coverage for lawsuits stemming from a leak of hazardous dry-cleaning materials, saying the court erred by overlooking policy terms, wrongfully finding a provision unenforceable and ruling prematurely.

  • June 24, 2016

    Ex-Allstate Workers Win $27M Verdict In Defamation Row

    An Illinois federal jury has awarded four former Allstate Insurance Co. employees about $27.1 million in litigation claiming the company defamed them and violated the Fair Credit Reporting Act during an investigation into their division's trading practices that led to their termination, according to Thursday court filings. 

  • June 24, 2016

    Milestone Apartments REIT Scores $46M Loan From Lincoln

    Milestone Apartments Real Estate Investment Trust has secured $46.2 million in financing from insurance firm Lincoln Financial Group for a pair of multifamily properties in Plano, Texas, according to a Friday announcement from Milestone's broker Holliday Fenoglio Fowler LP.

  • June 23, 2016

    Dodd, Frank, Bernanke, Volcker Blast MetLife Oversight Ruling

    The former members of Congress who wrote the Dodd-Frank Act, along with former Federal Reserve Chairs Ben Bernanke and Paul Volcker, urged the D.C. Circuit on Thursday to undo a federal judge’s recent decision that blocked stronger regulation of MetLife Inc.

  • June 23, 2016

    Suit Over Missed Arbitration Clause Tossed As Time-Barred

    A Louisiana judge on Thursday dismissed as time-barred a malpractice suit against a Louisiana law firm filed by a Danish ship owner and an English maritime underwriter after the firm's attorneys allegedly failed to recognize an international arbitration clause in an employee contract.

  • June 23, 2016

    Insurer Gets Win In Coverage Row, Lecture On Typography

    Mid-Continent Casualty Co. beat a suit brought by a construction-design client seeking insurance coverage for copyright litigation, but a Florida judge admonished the insurer Thursday for shrinking the spaces between letters in a response brief, saying he wasn’t just being "persnickety."

  • June 23, 2016

    Horizon Can Redact Insurance Plan Docs, NJ Panel Rules

    The New Jersey Appellate Division dealt a blow to hospitals suing Horizon Healthcare Services Inc. over its Omnia Alliance plan Thursday, ruling in a published decision that the insurer can shield portions of the financial information the hospitals sought to prove Omnia leaves them competitively disadvantaged.

  • June 23, 2016

    2nd Circ. Reverses $9M Judgment In Cleanup Coverage Row

    The Second Circuit on Thursday reversed a lower court’s decision awarding roughly $9.1 million to Narragansett Electric Co. after concluding that Century Indemnity Co. was responsible for covering the company’s defense costs for litigation over the cleanup of a Massachusetts landfill, holding that Narragansett's policy doesn’t provide coverage.

  • June 23, 2016

    Calif. Official Urges DOJ To Block Aetna's $37B Humana Buy

    California’s top insurance official on Thursday asked the U.S. Department of Justice to block Aetna Inc.’s controversial proposed $37 billion purchase of Humana Inc., saying it will increase costs for customers and decrease quality of care.

  • June 23, 2016

    $8M Patent Malpractice Award Just Partly Covered, Judge Says

    A Virginia law firm's malpractice insurance policy for $5 million, not $10 million, applies to a verdict for botching a client’s online game patent, a federal judge ruled Wednesday, leaving the firm responsible for a larger share of the $8 million award.

  • June 23, 2016

    Tressler Adds Insurance Partner From Lewis Brisbois

    Tressler LLP has lured an insurance lawyer with more than 25 years of experience from Lewis Brisbois Bisgaard & Smith LLP to join its Chicago office, the firm announced Wednesday.

  • June 23, 2016

    NY Judge Nixes Employee's Dodd-Frank Whistleblower Claims

    A New York federal judge on Wednesday dismissed claims by a Transatlantic Reinsurance Co. employee that the company violated the whistleblower provision of the Dodd-Frank Act by retaliating against her after she complained that a company executive had conflicts of interest, saying the alleged conduct does not constitute securities fraud.

  • June 23, 2016

    Insurance Cases To Watch In The Second Half Of 2016

    Policyholders and insurers expect guidance on key coverage issues over the next six months, from the Florida Supreme Court's long-awaited decision on the standard to apply in insurance disputes involving both covered and excluded causes of loss to the New Jersey high court's ruling on whether a liability policy covers damages from a subcontractor's faulty work. Here, Law360 examines five of the biggest insurance decisions expected in the second half of 2016.

  • June 23, 2016

    Firm Partner Safe From Malpractice Suit, NJ Justices Say

    The New Jersey Supreme Court ruled Thursday that limited liability partnerships continue to shield partners from personal liability after the enterprise dissolves and an insurance policy expires, handing a victory to an attorney who had faced a patent malpractice lawsuit.

  • June 23, 2016

    Dems Warn Treasury Of Anti-Inversion Regs' Ill Effects

    The U.S. Department of the Treasury’s proposed regulations targeting inversions and earnings-stripping could adversely affect the financial services, insurance and utilities industries, according to a letter that Democrats sent Wednesday to the agency's chief.

  • June 22, 2016

    AIG Mishandled Imperial Sugar Blast Deals, 11th Circ. Hears

    An excess insurer urged the Eleventh Circuit on Wednesday to find that American International Group must reimburse payments it made on behalf of Imperial Sugar Co. in worker lawsuits over a deadly refinery explosion, saying AIG prematurely triggered Imperial's excess coverage by making inordinate settlement payments under primary liability policies.

  • June 22, 2016

    Banks Face Stress Over Fed's Risk Management Review

    Financial institutions are widely expected to meet mandated capital levels as the Federal Reserve on Thursday releases the first of its two-step review of banks' ability to withstand a financial shock, but questions remain over whether the Fed will approve their risk management procedures.

Expert Analysis

  • 6 Factors Every Law Firm's Gender Diversity Initiative Needs

    Robyn Forman Pollack

    It's no secret that law firms are generally thought of as having one of the lowest commitments to diversity among industry groups. But that perception is juxtaposed against the fact that many have gender diversity initiatives. So why is there so little progress? The answer is complex, but bridging the disconnect lies in ensuring that certain elements of a gender diversity and inclusion initiative are firmly in place, says Robyn Pol... (continued)

  • NY's Evolving Acceptance Of Policyholder Bad Faith Claims

    Peter A. Halprin

    New York courts and the Legislature have recently taken up the issue of whether policyholders should be able to seek extracontractual damages when denied full and prompt payment of their claims — which is a crucial means of leveling the playing field between policyholders and the insurance industry, say Peter Halprin and Bruce Strong at Anderson Kill PC.

  • Employer Steps For ACA Nondiscrimination Compliance

     Amy M. Gordon

    A new rule issued by the U.S. Department of Health and Human Services prohibits federally funded health programs from discriminating on the basis of race, color, national origin, sex, age or disability. To ensure compliance, covered entities need to take several specific steps such as implementing more flexibility for certain types of care, like gender transitioning services, and providing meaningful access to individuals with lim... (continued)

  • Insurance Challenges For Dietary Supplement Manufacturers

    Marialuisa S. Gallozzi

    Several recent decisions in food and dietary supplement insurance coverage cases should serve as warnings to policyholders that they may have losses or liabilities that are excluded from traditional policies but that don’t trigger coverage under newer policies ostensibly designed to capture excluded risks, say Marialuisa Gallozzi and Suzan Charlton at Covington & Burling LLP.

  • In-House Teams Are Voting With Their Feet — And Then Some

    MarkACohen.jpg

    The real threat to law firms comes from in-house legal departments, which have increased in size, prestige, management responsibility, and attractiveness to top legal talent. But it’s not just labor arbitrage that accounts for the shift from outsourcing work to doing it in-house, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • ACA Risk Corridor Funding Falls Short, Litigation Ensues

    Ursula A. Taylor

    The decision by health insurers to litigate Affordable Care Act risk corridor funding shortfalls and the import of the recent Burwell decision in D.C. federal court are best understood in the context of the broader political struggle concerning ACA implementation, which continues to create uncertainty and risk for participating health plans, say attorneys at Butler Rubin Saltarelli & Boyd LLP.

  • 7 Tips For Writing An Effective Amicus Brief

    David S. Forman

    In a survey of former U.S. Supreme Court law clerks who screened amicus briefs, nearly all reported that they looked at every single amicus brief filed. However, some briefs were only briefly skimmed. For an amicus brief to get serious consideration, it should be clear on its face that it presents the court with relevant arguments or information that have not already been brought to its attention by the parties, says David Forman o... (continued)

  • Are You Covered? Insured V. Insured Exclusion In Ch. 11

    Candace Arthur

    Courts across the country have rendered different decisions on whether an insured v. insured exception is triggered if a debtor in possession, creditors committee or trustee asserts claims belonging to a company. A recent district court decision in Indian Harbor v. Clifford Zucker contributes to the fray, says Candace Arthur of Weil Gotshal & Manges LLP.

  • Machine-Learning Algorithms Can Help Health Care Litigation

    Lisa B. Pinheiro

    Machine-learning algorithms, which are used to detect complex, often unforeseen patterns within rich data sets, can be useful tools for health care litigation — from insurance fraud to patent litigation to transfer pricing disputes, say consultants with Analysis Group Inc.

  • Pros And Cons Of Wage-And-Hour Insurance Policies

    Jared Zola

    New federal and state fair pay and overtime regulations have put wage-and-hour class actions back into the spotlight, and while employers are armed with a wide array of defenses, the potential risks warrant a close look at the insurance assets a company has available, say attorneys at Blank Rome LLP.