Insurance

  • August 24, 2016

    2nd Circ. Won't Rethink Ax Of $9M Cleanup Coverage Award

    The Second Circuit is not budging on a decision to ax Narragansett Electric Co.'s $9.1 million defense coverage award for landfill cleanup litigation, according to an order that came down Tuesday.

  • August 24, 2016

    Lilly Fights Brazilian Agency Wading Into Arch Squabble

    A proposed request by Arch Specialty Insurance for a Brazilian insurance regulator to weigh in on the legality of coverage of Eli Lilly’s Brazilian entity for lawsuits over contamination at a former plant near Sao Paulo is not only unprecedented, but completely unauthorized, Lilly told an Indiana federal judge Tuesday.

  • August 24, 2016

    6th Circ. Asked To Rethink Flood-Zone Coverage Ruling

    A bank and a property information provider urged the Sixth Circuit on Tuesday to rethink its conclusion that the owners of a Tennessee home can proceed on claims alleging the companies provided bad advice about the necessity of flood insurance, saying the ruling inexplicably conflicts with a prior decision.

  • August 23, 2016

    Fla. High Court Turns Down Couple's Chinese Drywall Suit

    A Florida couple driven from their home by noxious fumes coming off the building's Chinese drywall has come up short again in their pursuit of an insurance payout, as the Florida Supreme Court declined Monday to consider an appeals court's affirmation that their policy excluded coverage.

  • August 23, 2016

    MetLife Gets Support In DC Circ. Appeal Over SIFI Label

    State insurance regulators, the Chamber of Commerce and other organizations threw their support behind MetLife on Monday, urging the D.C. Circuit to uphold a lower court’s ruling axing the insurance giant’s designation as a systemically important financial institution whose collapse could threaten the U.S. economy.

  • August 23, 2016

    Fidelity Can't Dodge Investor's $9M Win, 8th Circ. Told

    Fidelity cannot escape nearly $9 million in damages and attorneys' fees stemming from a jury's finding that the insurer failed to defend a real estate investor against mechanics' liens, the investor told the Eighth Circuit on Tuesday, insisting a lower court properly disallowed Fidelity's policy exclusion evidence.

  • August 23, 2016

    Deals Rumor Mill: Dalian Wanda, AIG, Clearspring Capital

    Dalian Wanda intends to continue buying Hollywood companies to boost China’s moviemaking capabilities, AIG is in talks to sell some of its business operations to Canada Pension Plan Investment Board and private equity firm Clearspring Capital plans to sell a Canadian company that provides drug services to nursing homes.

  • August 23, 2016

    Ex-Dickstein Atty Malpractice Award Not Arbitrable, Co. Says

    A bid to collect on a $64 million malpractice judgment against a former Dickstein Shapiro LLP partner can’t be arbitrated by a group of London insurers, the company tapped to pursue the award told a California federal court on Monday, arguing that the suit should go back to state court.

  • August 23, 2016

    Transgender Surgery Denial Violates Title VII, EEOC Says

    The Equal Employment Opportunity Commission on Monday asked a California federal court to allow it to enter a brief supporting the American Civil Liberties Union in a suit alleging hospital giant Dignity Health violated the Civil Rights Act by refusing to cover an employee’s sex reassignment surgery.

  • August 23, 2016

    NM Justices Needn't Weigh Insurance Query, 10th Circ. Told

    Nova Casualty Co. urged the Tenth Circuit on Monday to deny Taos Ski Valley Inc.'s bid to seek the New Mexico Supreme Court's input on a question of insurance law implicated in its appeal of a lower court's ruling that the ski resort isn't entitled to coverage for environmental cleanup costs, asserting that the state's law isn't unsettled on the issue.

  • August 23, 2016

    AIG Unit Slams Developer's Bid For Defect Defense Coverage

    An American International Group Inc. unit told the Ninth Circuit that a home developer was rightly blocked from tapping into more than $1 million in excess coverage for lawsuits alleging defective plumbing systems, asserting Tuesday that the developer has not proven all available primary insurance has been depleted.

  • August 23, 2016

    Transport Cos. Shake Claims In $9M Drug Theft Dispute

    A New Jersey federal judge on Monday backtracked on a previous refusal to dismiss AXA’s federal violation claim against a pair of transport companies being sued over the $9 million theft of a shipment of pharmaceuticals from Sanofi-Aventis to McKesson, this time finding the statute waived by the shipping contract.

  • August 23, 2016

    DLA Piper Attys Say Insurer's Sanctions Bid Distorts Record

    Counsel for a DLA Piper partner and a former attorney with the firm urged a New York federal judge to reject arguments by Smart Insurance Co. aiming to uphold sanctions over the attorney's’ improper witness directives, arguing the insurer’s letter was misleading and filed out of turn.

  • August 22, 2016

    National Union Owes $3.7M For Utah Mine Collapse Coverage

    A Utah federal judge ruled Friday that National Union Fire Insurance Co. of Pittsburgh, Pa., must pay another insurer more than $3.7 million after underlying settlements related to a deadly collapse at a Utah coal mine.

  • August 22, 2016

    Ex-UniPixel Brass Want Their Legal Bills Paid In SEC Suit

    Two former top executives for technology company UniPixel Inc. launched a lawsuit in the Delaware Chancery Court on Monday, demanding the company cover their legal bills connected to fraud claims by investors and the U.S. Securities and Exchange Commission after its $5 million directors and officers insurance policy ran out.

  • August 22, 2016

    Blue Cross Pushes For Partial Redo In Tribe's ERISA Suit

    Blue Cross Blue Shield of Michigan continued to press a federal judge Friday to reconsider part of a previous ruling in the Little River Band of Ottawa Indians’ lawsuit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act.

  • August 22, 2016

    2nd Circ. Insurance Case May Be Bound For Conn. Justices

    The Second Circuit considered Monday sending a dispute over whether First Mercury Insurance must pick up the tab for four negligence suits stemming from a deadly 2010 construction accident at Yale University to Connecticut's top court after hearing the state has not addressed how it applies “additional insured” endorsements.

  • August 22, 2016

    11th Circ. Won't Consult Fla. Justices, Rehear Insurance Row

    The Eleventh Circuit on Monday shot down a private equity firm’s requests for the Florida Supreme Court’s guidance on issues raised in a fight over coverage for lawsuits tied to the firm's role as adviser to a Mexican food chain and for rehearing of the panel’s decision favoring Indian Harbor Insurance Co.

  • August 22, 2016

    9th Circ. Asks Calif. Justices To Weigh Insurance Issue

    A Ninth Circuit panel overseeing a dispute over insurance coverage for allegations that a construction company's employee sexually assaulted a student at a San Bernardino, California, middle school asked the California Supreme Court on Monday to decide whether insurance coverage applies.

  • August 22, 2016

    Humana Lashes DOJ's Bid To Block Aetna Merger

    Humana defended its $37 billion proposed merger with Aetna, telling a D.C. federal court Friday that a U.S. Department of Justice antitrust complaint relies on “fundamental misconceptions” about how Medicare Advantage and Affordable Care Act exchanges would be affected.

Expert Analysis

  • Cybercrime Insurance Cases In The 2nd Quarter Of 2016

    David Bergenfeld

    In the three cybercrime cases from the second quarter, insurers were successful in defeating coverage in two of the cases and the insured was successful in obtaining coverage in the third. More importantly, the courts explicitly stated that they require specificity in the language of the insurance policy, regardless of the specific circumstances, says David Bergenfeld at D'Amato & Lynch LLP.

  • Why The Government's Wall Of Secrecy Must Fall

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    In recent years, investors in Fannie Mae and Freddie Mac have challenged the federal government in court, following the government's decision to hide thousands of documents in the name of executive privilege. This case has critical implications for the transparency and accountability of the government's actions, says Saikrishna Prakash, the James Monroe Distinguished Professor of Law at the University of Virginia Law School.

  • Writing Arbitration Clauses To Get The Arbitration You Want

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    Agreeing to arbitration clauses can be complicated because you may risk locking in a factually incorrect judgment. Merril Hirsh and Nicholas Schuchert of Troutman Sanders LLP explain the mechanics of the Federal Arbitration Act and how to ensure you find the right arbitration laws for your case.

  • 9 Tips For Becoming A Legal Pundit In The Media

    Annie Scranton

    Have you ever been reading your morning paper or watching the nightly news, and found yourself wondering, “How did that lawyer get on TV? I could do that.” If you’ve decided you want to start putting yourself or your law firm in the public light but feel at a loss about how to start, there are several steps you can take to get noticed, says Annie Scranton at Pace Public Relations.

  • Auto Insurers, Buckle Up — Automated Tech Is Already Here

    Michael R. Nelson

    Overuse of the term “autonomous” has led to a misunderstanding of how many vehicles available for public use today are equipped with automated features. After developing a higher appreciation of the difference between vehicles with automated features and fully autonomous vehicles, insurers need to become more familiar with the dynamics in the automotive marketplace, says Michael Nelson at Sutherland Asbill & Brennan LLP.

  • Augmented Reality Insurance Risks: Gotta Catch ‘Em All

    Kevin R. Doherty

    "Pokemon Go" has dramatically increased the popularity of augmented reality games, but raises the question as to whether and to what extent insurance coverage may be available to respond to the unfortunate and escalating losses we may see from this, and any future, augmented reality products, say attorneys at Blank Rome LLP.

  • Law Firm Employees Can Better Defend Against Cyberthreats

    Tom DeSot

    In a recent survey of 150 legal firms, it was revealed that “careless employees” was the No. 1 cybersecurity concern for firms by a wide margin. Law firms are smart to be worried about the risks their employees — from the interns to the partners — can pose, usually unintentionally, says Tom DeSot, chief information officer of Digital Defense Inc.

  • A Worrying Insurance Trend: Litigation, No Cooperation

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    In a recent trend, more and more property owners have been skipping traditional insurance claims processes in order to proceed directly to filing a lawsuit. Fortunately, courts are taking steps to combat this unfair strategy, according to Brett Wallingford of Zelle LLP.

  • Top 10 Things Litigators Should Know About Insurance

    William T. Um

    Although the subject can be daunting, all litigators should take the time to learn about proper procedures and protocols regarding insurance coverage, according to William Um and Erica Dominitz at Kilpatrick Townsend & Stockton LLP. In this article, they explain how to provide valuable service to clients while also minimizing risk of malpractice claims.

  • Preparing Corporate Witnesses: A Primer

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    Proper selection, preparation and presentation of corporate witnesses can be critically important to achieving a favorable outcome in court. Brian Bagley and Scott Marrs of Akerman LLP offer a checklist of best practices for selecting and preparing corporate witnesses.