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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.