• October 20, 2016

    Alstom Seeks Sanctions For Insurer Ignoring ICC Order

    Energy giant Alstom on Wednesday urged a New York federal court to force a Brazilian insurer to follow a confirmed arbitration award by the International Chamber of Commerce keeping it from pursuing $24 million in claims, adding the insurer should be held in contempt and sanctioned for flouting court orders.

  • October 19, 2016

    Insurer Blasts Publisher's Sanctions Request In Suit

    Illinois National Insurance Co. fired back at McGraw-Hill’s demand for sanctions Wednesday in Illinois federal court, refuting claims that it has acted in bad faith and rejecting the publisher’s claim that the insurer lied for years about the location of its principal place of business.

  • October 19, 2016

    BNSF Coverage Claims Tossed In $10M Wrongful-Death Suit

    Old Republic Insurance Co. beat back counterclaims Wednesday in Illinois federal court by Burlington Northern & Santa Fe Railway Co., which contended that the insurer had to defend the railroad company in a $10 million wrongful-death suit involving the death of a railyard worker.

  • October 19, 2016

    Defective Toilet Product Cost Insurers $2M, NJ Suit Says

    A group of plumbing supply companies have been sued in New Jersey state court by nearly 30 insurers alleging they collectively paid out nearly $2 million to policyholders who endured water loss or damage as a result of a toilet product defect.

  • October 19, 2016

    Watchdog Appeals For Redacted Docs In MetLife SIFI Dispute

    A financial industry watchdog seeking access to redacted court documents from the battle between the federal government and MetLife Inc. over a systemically important financial institution tag has urged the D.C. Circuit to overturn a lower court’s decision to deny its records request.

  • October 19, 2016

    Endurance Wants Rights Clarified In Fiserv Coverage Suit

    Endurance American Specialty Insurance Co., one of two remaining excess insurers going to trial over obligations to Fiserv Solutions Inc. in litigation tied to a $530 million Bank of America NA lawsuit over title insurance claims, asked a Wisconsin federal judge Wednesday to clarify that it can continue to dispute that Fiserv filed its claim in time.

  • October 19, 2016

    Theranos' Woes May Reshape Private D&O Coverage

    An investor's suit accusing Theranos Inc. of misrepresenting its blood-testing technologies and a U.S. Securities and Exchange Commission probe of the startup may lead insurers to broaden exclusions in directors and officers policies to reflect privately held firms' growing exposure to securities law claims, experts say.

  • October 19, 2016

    Relator Pulls State Insurance Fraud Claim Against Medtronic

    An ex-Medtronic Inc. sales rep who alleges his former employer paid doctors kickbacks won't pursue California and Illinois based private insurance fraud claims in Massachusetts federal court, dismissing them without prejudice there but leaving the option to file again somewhere else.

  • October 19, 2016

    5th Circ. Vacates Apache Win In $1.5M Fraud Coverage Fight

    Great American Insurance Co. actually doesn’t owe $1.5 million to Apache Corp. after fraudsters tricked it into rerouting vendor payments to a bogus bank account because the loss isn’t covered under the insurance policy’s computer-fraud provision, the Fifth Circuit said on Tuesday.

  • October 19, 2016

    Facts Lacking In Bird Flu Coverage Row, Insurer Says

    Illinois Union Insurance Co. on Tuesday pressed a Minnesota federal judge to conclude that it correctly denied coverage to an egg producer whose facilities were contaminated by a 2015 avian influenza outbreak, arguing the policyholder cannot prove its losses resulted from environmental contamination.

  • October 19, 2016

    Starwood Sells US Hotel Portfolio Stake To China Life

    Starwood Capital Group said Tuesday that it will sell a stake in a $2 billion U.S. select-service hotel portfolio to a consortium of sovereign wealth funds and other investors led by China Life Insurance Co. Ltd., marking Chinese investors’ latest foray into the U.S. hospitality market.

  • October 18, 2016

    Mich. Tribe Wants Info On Blue Cross Profits In ERISA Suit

    The Little River Band of Ottawa Indians on Tuesday looked to force Blue Cross Blue Shield of Michigan to disclose information about the rates of return it earns on specific investments in the tribe's suit alleging the insurer flouted the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • October 18, 2016

    FEMA To Revise High-Risk Flood Maps After NYC Appeal

    The Federal Emergency Management Agency said Monday it will revise its flood maps for New York City, following an appeal lodged by Mayor Bill de Blasio last year that challenged the addition of 35,000 buildings to the highest flood-risk areas.

  • October 18, 2016

    Latham Dodges DQ Bid In Zurich Lead Coverage Suit

    A Missouri federal judge on Tuesday denied Zurich American Insurance’s attempt to disqualify Latham & Watkins LLP from representing Fluor Corp. in a coverage dispute arising from lead smelting operations, saying there is no evidence the firm violated a protective order in a related state case.

  • October 18, 2016

    2 Ex-WR Grace Worker Asbestos Claims Clear Ch. 11 Hurdle

    Two former W.R. Grace & Co. employees won a bankruptcy court’s qualified clearance Monday to move ahead with Montana workers’ compensation asbestos injury suits against the company’s insurer, despite an injunction directing most asbestos claims to a court-created trust.

  • October 18, 2016

    Office Depot Says It Was Reasonable To Expect AIG Coverage

    Office Depot on Monday attacked AIG Specialty Insurance Co.'s bid to block $30 million of coverage for a whistleblower's accusations that the supply giant overbilled public entities, saying it had a reasonable expectation that coverage was in place.

  • October 18, 2016

    11th Circ. Upholds Fla. Health Care Fraudster's Sentence

    A Florida federal court committed no clear error when sentencing a massage therapist to 51 months in prison for his role in a scheme to submit $126 million in false health care claims to private insurers, the Eleventh Circuit affirmed Tuesday, pointing to a record of the man’s own admissions.

  • October 18, 2016

    St. Joseph To Pay $2.1M Over Leaked Patient Records

    St. Joseph Health agreed to pay more than $2.1 million to settle with federal regulators after it reported it had inadvertently made customers’ health records available online for more than a year ending in 2012, according to a statement Tuesday.

  • October 18, 2016

    Starboard Wins Activist Bid To Add Stewart Board Members

    Real estate services company Stewart Information Services Corp. said Tuesday that after pressure from activist investor Starboard Value LP, which owns nearly 10 percent of Stewart's outstanding common stock, it has agreed to add four new board directors while forcing the resignations of two longtime board directors.

  • October 18, 2016

    Ex-Medical Lab CEO Can't Escape Aetna Kickback Suit

    The former CEO of bankrupt Health Diagnostic Laboratory Inc. must face Aetna Inc.’s suit accusing her of using kickbacks to get doctors to send labwork out of Aetna’s network and waiving co-pays for patients, without telling the overbilled insurer, a Pennsylvania federal judge ruled Monday.

Expert Analysis

  • New Cybersecurity Regulations For NY Insurers And Banks

    Alice T. Kane

    The financial services industry has been identified as a significant target of cyberthreats, because insurers store valuable information such as where insureds live and their medical conditions. Adoption of the new required cybersecurity program should be a priority for any covered entity in New York state, say Alice Kane and Philip Goldstein of Duane Morris LLP.

  • How To Maximize Insurance Recovery After Hurricane Matthew

    Micah E. Skidmore

    In the terrible aftermath of Hurricane Matthew's rampage, residents and businesses are turning toward recovery and rebuilding, but for many businesses, lost revenues may outweigh the cost of repairing damaged property. Micah Skidmore of Haynes and Boone LLP offers three tips for successful business interruption insurance recovery.

  • Making The Most Of Product Recall, Contamination Insurance

    Alexander Hardiman

    To lessen their possible economic exposure to product recall and contamination issues, businesses are increasingly relying on varying forms of product recall/contamination insurance, says Alexander Hardiman of Pillsbury Winthrop Shaw Pittman LLP.

  • The Art Of Silence At Trial

     Martha Luring

    When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.

  • Recurring Issues In Accounting For Litigation Contingencies

    Michael Y. Scudder

    Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory and enforcement matters, say Michael Scudder and Andrew Fuchs of Skadden Arps Slate Meagher & Flom LLP.

  • Health Republic's Curious Liquidation: Part 5

    James Veach

    The Health Republic Insurance of New York Inc. has been shrouded behind layers of confusion and bureaucracy since it first filed for bankruptcy. James Veach of Mound Cotton Wollan & Greengrass LLP continues his discussion of Health Republic's convoluted liquidation process, raising questions as to what direction the situation is headed in, and where the money is going.

  • Coming Soon: The 3-D (And 4-D) Brief

    Martin Bienstock

    From e-discovery to attorney profitability, the technologies of the 21st century have had a major impact on legal practice. Yet the tech revolution has had surprisingly little impact on the form and content of legal briefs — the very bread-and-butter of many legal practices. This is about to change, according to Martin Bienstock of Weisbrod Matteis & Copley PLLC.

  • Rewriting History: Boston Gas And Keyspan

    Jacob M. Mihm

    In the realm of insurance coverage disputes, the decades-old battle between "all sums" and "pro rata" allocation has shifted in favor of insurers in recent years, due to Boston Gas Co. V Century Indemn. Co. and other cases. However, courts should remember that the "dual purpose" argument frequently used by insurers was definitively rejected in the past, says Jacob Mihm of Hoke LLC.

  • The 'Tough Noogies' Doctrine: Rights But No Remedies

    Andrew Melzer

    In recent years the courts have demonstrated an increased use of the “tough noogies” doctrine. These types of cases involve individuals wronged by powerful institutional interests who are shown the door, often based on poor or weak reasoning or in defiance of common sense. Andrew Melzer of Sanford Heisler LLP highlights a few recent examples of this doctrine and discusses whether the pendulum is beginning to swing back the other way.

  • Delaware Deals A Blow To Insurers' Delay Tactics

    Robin Cohen

    Recently, the Supreme Court of Delaware rejected two delay and denial tactics in the matter of Viking Pump Inc. and Warren Pumps LLC Insurance Appeals. These holdings are a major blow against insurers that have historically fought to stall for as long as possible before paying claims, say attorneys from McKool Smith PC.