Insurance

  • June 29, 2015

    ACA Ruling Highlights Roberts' Split With Conservatives

    The U.S. Supreme Court decision upholding nationwide Affordable Care Act subsidies showed once again that Chief Justice John G. Roberts Jr. relies heavily on congressional intent to interpret federal laws and rejects a narrower approach favored by other conservative justices, experts say.

  • June 29, 2015

    High Court Won't Hear Geico Appeal In Fla. Car Title Row

    The U.S. Supreme Court on Monday denied a request from Geico General Insurance Co. to review a "devastating" Eleventh Circuit decision ruling that a certificate of title is not a requirement to proving motor vehicle ownership under Florida law.

  • June 29, 2015

    Express Consent Not Needed For Arbitration: Ala. High Court

    The Alabama Supreme Court on Friday held that American Bankers Insurance Co. of Florida can compel five homeowners to arbitrate their claims that the insurer charged excessive premiums for unnecessarily high levels of coverage, despite the fact that the policyholders didn't sign individual arbitration agreements.

  • June 29, 2015

    Anthem Hit With Suit Over Massive Health Data Breach

    Anthem Inc. was hit with a putative class action on Friday in California federal court over one of the largest corporate breaches of health care data in U.S. history, in which it is accused of failing to encrypt its data or heed warnings that it was at risk to hackers.

  • June 29, 2015

    Feds Call Ex-Wells Fargo VP’s Discovery Claims Reckless

    Federal prosecutors on Monday said that they had gone “above and beyond” their legal requirements to provide documents to a former Wells Fargo & Co. vice president in an increasingly heated discovery battle related to a government mortgage fraud suit against the bank.

  • June 29, 2015

    Supreme Court To Mull Vermont's ERISA Preemption Row

    The U.S. Supreme Court agreed Monday to review a circuit ruling for Liberty Mutual Insurance Co. that the Employee Retirement Income Security Act preempted a Vermont law requiring self-insured employee health plans to report claims data to the state.

  • June 26, 2015

    High Court Removes Another Barrier For Gay Immigrants

    The U.S. Supreme Court's ruling in favor of same-sex marriage will make it easier and less costly for many foreign nationals to obtain immigration benefits through marriage, and it is likely to erase worries that attorneys say kept some gay executives from coming to the United States.

  • June 26, 2015

    In Gay Marriage Dissents, Justices Don't Hold Back

    The justices dissenting from Friday's gay marriage decision did not mince words when it came to their colleagues, with Justice Antonin Scalia calling the majority opinion “as pretentious as its content is egotistic.” Here, Law360 looks at the most noteworthy lines from the four dissents.

  • June 26, 2015

    June 26 A Landmark Day For Gay Rights — Again

    Three of the most important U.S. Supreme Court rulings for the gay rights movement have been released on June 26, but while some want to believe history is at work, it may just be a coincidence.

  • June 26, 2015

    Tax, Estate Worries Far From Over Despite Marriage Ruling

    The U.S. Supreme Court's historic ruling Friday that same-sex couples are entitled to the full benefits of marriage in all 50 states may have ended a tax and estate planning nightmare, but experts say questions about the reaction of corporate America, the future of civil unions and retroactive tax refunds remain.

  • June 26, 2015

    High Court Ruling Won't End Texas Fight For Same-Sex Rights

    Texas will continue to be a battleground for same-sex rights after the U.S. Supreme Court’s landmark Obergefell ruling, since the governor has declared religious freedom entitles state agencies to refuse to enforce the law even as judges across the state performed courthouse weddings.

  • June 26, 2015

    Historic Marriage Ruling Leaves Bias Issue For Another Day

    The U.S. Supreme Court’s ruling in favor of same-sex marriage offered stirring words on equality but also was largely silent about how judges should approach claims of discrimination against gay Americans, teeing up battles that are likely to be waged in lower courts for years to come, experts say.

  • June 26, 2015

    Gay Marriage Ruling To Boost LGBT Worker Protection Efforts

    The U.S. Supreme Court's landmark declaration that the U.S. Constitution requires all 50 states to allow same-sex marriages will not only provide welcome uniformity for nationwide employers but also add momentum to efforts to expand anti-discrimination protections for LGBT workers, lawyers say.

  • June 26, 2015

    JPMorgan Wards Off $100M Bear Stearns CDO Suit

    J.P. Morgan Securities LLC won the dismissal of an insurer's $100 million suit over losses on Bear Stearns Cos. Inc. collateralized debt obligations, with a New York court finding Friday that arranging a CDO deal does not make one an insurance applicant under state law.

  • June 26, 2015

    Public Storage's Defenses Trimmed In Fee Class Action

    A Florida federal judge on Friday partially granted a motion for summary judgment of a putative class action claiming Public Storage overcharged customers for its self-storage insurance, agreeing to strike some but not all of Public Storage's affirmative defenses to prevent plaintiffs from recovering their premium payments.

  • June 26, 2015

    Deals Rumor Mill: GE, SRA International, Guardian Life

    General Electric has received a round of initial bids for its health care finance unit from companies that include Capital One Financial Corp., Apollo Global Management and others; information technology company SRA International is exploring a possible sale or initial public offering; and Guardian Life Insurance Co. of America considers selling its asset management business.

  • June 26, 2015

    Perkins Coie, Stoel Rives Guide $110M Hotel Refinance

    Kemper Development Co. has scored $110 million in refinancing from MetLife Inc. for a 337-room hotel in Bellevue, Washington, a deal Perkins Coie LLP and Stoel Rives LLP worked on as counsel to Kemper Development and MetLife, respectively.

  • June 26, 2015

    Tyco Faces Leaner Suit Over Eli Lilly Warehouse Heist

    Tyco Integrated Security LLC got a partial victory Thursday against an insurer suing over a $60 million theft at an Eli Lilly & Co. warehouse that the security company allegedly failed to prevent, when a Florida federal judge denied the insurer's summary judgment bid and nixed a state claim.

  • June 26, 2015

    EPA Pollution Order Covered As Suit, Texas Justices Rule

    The Texas Supreme Court ruled Friday that a U.S. Environmental Protection Agency proceeding against an alleged polluter is a “suit” and should be defended by insurers, in a 5-4 decision the dissenting judges called a “disturbing” deviation from state insurance law.

  • June 26, 2015

    Florida Gov. Drops Low-Income Health Funding Suit

    Florida Gov. Rick Scott on Thursday formally dropped his lawsuit against the federal government over health care funding for the state's low-income residents, after receiving an agreement in principle that the U.S. Department of Health and Human Services will continue providing funds for the next two years.

Expert Analysis

  • REBUTTAL: Henkel Was Right In Fluor Case

    Patrick F. Hofer

    Contrary to the view presented in a recent Law360 guest article, the California Supreme Court should not overturn its ruling in Henkel Corp. v. Hartford Accident and Indemnity Co., as there is no basis to reconsider Henkel in light of Section 520 of the California Insurance Code, says Patrick Hofer at Troutman Sanders LLP.

  • This Week In Congress: Trade And Transportation

    Richard A. Hertling

    The House and Senate will end this month on a high note, as they are expected to send Trade Promotion Authority legislation to the president this week for signature, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The Trials And Tribulations Of Disparate Impact Theory

    Michael A. Mancusi

    Although the precise theory of discrimination was not revealed in the government's action against Provident Funding Associates LP's lending practices, it is likely that regulators, despite recent court challenges — including Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc., which is pending before the U.S. Supreme Court — relied on disparate impact theory, say attorneys at Arnold & Porter LLP.

  • A Tale Of Two Cases For Calif. Additional Insured Carriers

    Elizabeth Terrill

    Travelers Casualty & Surety Co. of America and Centex Homes have been battling it out on the issue of the rights and obligations of an additional insured carrier in construction defect litigation, filing a multitude of actions against each other throughout California. Two trial courts have reached very different conclusions regarding whether Travelers, or any AI carrier, has the obligation to defend pursuant to an accepted AI throu... (continued)

  • Catching Them Red-Handed: Preventing Employee Theft

    Douglas Karpp

    No matter the industry, be it retail, health care or legal services, the employee-employer relationship is built on trust, but with the typical organization losing 5 percent of its revenue to fraud each year — that’s $3.7 trillion annually worldwide — employers should take several preventative measures, says Douglas Karpp of Hiscox Ltd.

  • Why Lateral Candidacies Fail

    Adam S. Weiss

    According to The American Lawyer, over 2,700 AmLaw 200 law firm partners switched firms last year, representing between 4 and 5 percent of all partners on the AmLaw list. But what about the thousands of other partners who tried — but failed — to switch firms? While no statistics are available on this number, I have a secret to share: Many, if not most, lateral partner candidacies fail, says Adam Weiss of the Lateral Lawyer Group.

  • Delaying Demand May Waive Claimaint's Right To Arbitrate

    Jacob Felderman

    Under certain circumstances, a claimant’s unreasonable delay can, in itself, lead to waiver of the right to arbitrate. While California courts have yet to provide a concrete deadline, an unreasonable delay of three years provides a sound basis to pursue waiver, says Jacob Felderman of Tyson & Mendes.

  • Despite 1st Administrative Appeal, CFPB Seeks Out Courts

    Nicholas F.B. Smyth

    Despite the attention the Consumer Financial Protection Bureau's first administrative appeal has received, the CFPB has recently been filing more of its cases in federal court than ever before. This trend has important implications for institutions under the CFPB’s jurisdiction and it may limit the impact of CFPB Director Richard Cordray’s decision on the statute of limitations in the recent appeal, says Nicholas Smyth of Reed Smit... (continued)

  • Tips For Tendering Defense Letters To Foreign Entities

    Claire W. Parsons

    In today’s global marketplace, sellers and distributors are often required to tender defense to foreign business partners in product liability cases, whether they are the product’s manufacturer or component part manufacturer. Attorneys must individually tailor each tender letter to comply with the statutes and case law governing defense and indemnity obligations wherever the case is pending, says Claire Parsons of Wilson Elser Mosk... (continued)

  • 2 Minority Views From The Top Of BigLaw

    Cesar Alvarez

    While the percentage of minority attorneys at U.S. law firms remains disproportionately low, the senior management side of BigLaw paints an even bleaker picture of diversity — only a handful of the 100 largest U.S. law firms are currently helmed by minority attorneys. Offering that rare perspective in this regard are Cesar Alvarez, co-chairman of Greenberg Traurig LLP, and Eduardo Leite, chairman of the executive committee at Baker & McKenzie.