• September 28, 2016

    Egg Producer Says Policy Covers Bird Flu Contamination

    Rembrandt Enterprises Inc. urged a Minnesota federal judge Tuesday to hold that Illinois Union Insurance Co. wrongfully denied coverage for damages stemming from avian influenza contamination at several of the egg producer’s facilities, arguing that a pollution policy’s exclusion for losses related to naturally occurring materials doesn’t apply.

  • September 27, 2016

    DOJ Loss In AmEx Case Could Imperil Hospital Steering Suit

    The U.S. Department of Justice has touted the similarities between its antitrust cases against American Express and a North Carolina hospital system, but that comparison could come back to haunt it now that the Second Circuit has found that AmEx's anti-steering rules are not anti-competitive.

  • September 27, 2016

    Hartford, Cincinnati Beat Doc's TCPA Coverage Bid

    A Missouri federal judge has ruled that a Hartford unit and Cincinnati insurance Co. don't have to defend a Chicago-area medical office against proposed class claims that it violated the Telephone Consumer Protection Act by sending unsolicited faxes, saying the underlying allegations fall squarely within TCPA exclusions in the insurers' policies.

  • September 27, 2016

    Insurers Say Cancer Center On Its Own In Data Breach Suits

    Charter Oak Fire Insurance Co. and Travelers Property Casualty Co. of America asked a Florida federal court Monday to rule that they have no duty to defend 21st Century Oncology cancer centers in suits stemming from a September 2015 data breach that affected nearly 2 million clients.

  • September 27, 2016

    Horizon Owes $76M In Unpaid Claims, NJ Hospitals Say

    Horizon Blue Cross Blue Shield of New Jersey was hit Monday with a federal lawsuit by a network of New Jersey hospitals alleging the insurance company has underpaid or refused to pay just over $76 million for out-of-network medical care reimbursement provided to Horizon insureds, including urgent care patients.

  • September 27, 2016

    Greenberg Downplays AIG Losses At Fraud Trial

    Former American International Group Inc. CEO Maurice “Hank” Greenberg took the witness stand on Monday in the New York Attorney General’s fraud case against him over two purportedly sham transactions, and said losses he’s accused of trying to cover up were immaterial to AIG’s bottom line.

  • September 27, 2016

    Fla. Regulator OKs 14.5% Workers' Comp Rate Increase

    Florida's insurance regulator on Tuesday approved a 14.5 percent increase in workers' compensation insurance rates, lower than the 19.6 percent requested by insurers after a pair of Florida Supreme Court decisions struck down parts of the state's workers' compensation law that limited attorneys' fees and temporary disability benefits.

  • September 27, 2016

    Medical Implant Co. Can't Secure Defamation Coverage

    Nautilus Insurance Co. doesn't have to defend a medical implant company and its manager against claims that they sought to destroy a former associate's business relationships, a Nevada federal judge ruled Tuesday, finding that the underlying complaint doesn't allege a potentially covered claim for defamation.

  • September 27, 2016

    House Votes To Carve Exemption In ACA Individual Mandate

    The House of Representatives voted Tuesday to exempt former customers of failed insurance cooperatives from the Affordable Care Act's individual insurance mandate, despite a veto threat from the White House over the measure's attempt to undercut the administration's signature health care law.

  • September 27, 2016

    Nationwide Asks 6th Circ. To Rethink Hacking Suit Revival

    Nationwide Mutual Insurance Co. asked the Sixth Circuit on Monday to rethink its ruling that revived a putative class action over a 2012 data breach, saying the panel majority's decision conflicts with past circuit and high court rulings.

  • September 27, 2016

    Ohio Library Worker Sues Over Transgender Surgery Denial

    A transgender employee at a Cincinnati public library sued the library and Anthem Blue Cross and Blue Shield in federal court Monday, saying the denial of insurance coverage for her sex reassignment surgery is a violation of gender-discrimination laws.

  • September 27, 2016

    Lexington Wants Out Of Hotel's Hail Coverage Suit

    Lexington Insurance Co. on Monday continued its quest to eliminate a breach of contract lawsuit brought by a Houston-based Crowne Plaza hotel that says it suffered uncompensated hail damage during an April 2013 storm, telling a Texas judge that the hotel didn’t cooperate and has failed to show otherwise.

  • September 27, 2016

    Clyde & Co.'s Senior Partner Moves To US Leadership Role

    Clyde & Co. senior partner James Burns is stepping down after three years to become the international law firm’s first head of the Americas, overseeing its continued growth in the United States, Canada and Latin America, the firm announced Tuesday.

  • September 27, 2016

    AIG Unit Loses Bid To Limit Excess Asbestos Coverage

    The Connecticut federal judge overseeing a sprawling dispute over coverage for asbestos-related claims against plumbing supply company P.E. O'Hair & Co. refused to find Monday that the limits of an American International Group insurer's excess policy are reduced by payments made by other excess carriers.

  • September 27, 2016

    DOJ Won't Argue ACA Harm In Anthem-Cigna Merger Trial

    The U.S. Department of Justice will abandon claims that a proposed merger between Anthem Inc. and Cigna Corp. will hurt competition on the ACA’s individual insurance marketplace to narrow the scope of the trial set to start in late November, the parties told a D.C. federal court Monday.

  • September 27, 2016

    Real Estate Rumors: Prudential, Hirschfeld, Cammeby's

    A Prudential Insurance affiliate has reportedly dropped $56.3 million on a Florida hotel and nearby parking garage, Hirschfeld Properties is said to have paid $22.8 million for a New York rental building and a Cammeby’s International venture has reportedly sold a Brooklyn building leased to Personal Touch Home Health Services.

  • September 26, 2016

    Insurer Can't Recoup $2.8M Oil Spill Payment, 1st Circ. Told

    A General Dynamics unit has asked the First Circuit to affirm a lower court's ruling that Ironshore Specialty Insurance Co. can't win reimbursement for $2.8 million in cleanup costs for an oil spill from a U.S. Navy ship, contending Monday that the insurer's claims are barred under federal law.

  • September 26, 2016

    Genworth Shareholders Win $65M In Fees In Securities Suit

    A Virginia federal judge on Monday awarded Genworth Financial Inc. shareholders $65 million in attorneys’ fees and expenses after they reached a $219 million settlement with the insurance company to resolve a consolidated shareholder class action claiming it made false and misleading statements about its long-term care insurance division.

  • September 26, 2016

    $5M In Financing Keeps Molycorp Minerals Alive In Ch. 11

    The Chapter 11 trustee for Molycorp Minerals LLC, the unit that owns the rare earth miner’s main facility left behind in bankruptcy after plan confirmation, told the Delaware bankruptcy court Monday that up to $5 million in financing will keep its case, and sale process, alive.

  • September 26, 2016

    Lehman Fights $23M Interest Demand Over Reinsurance Claim

    Lehman Brothers on Monday urged a New York bankruptcy judge to reject a demand for approximately $23 million in interest from a group of investors including Centerbridge Partners and a JPMorgan Chase subsidiary that hold claims arising from the failed banking firm’s Bermuda-based reinsurance unit, Lehman Re.

Expert Analysis

  • Bolstering New Jersey's Historically Weak 'Duty To Defend'

    Steven J. Pudell

    Thanks to Burd v. Sussex Mutual Insurance Company in 1970, New Jersey's "duty to defend" has been the weakest in the nation, providing policyholders with limited protection from lawsuits. The recent Cooper Industries v. Employees Insurance of Wausau may be the first step toward weakening or overturning Burd, say Robert Chesler and Steven Pudell of Anderson Kill PC.

  • How Automated Driving Will Impact Insurance Regulators

    Michael R. Nelson

    While the National Highway Transit Safety Administration is expected to release guidelines on automated driving technology shortly, it will not address how insurance regulators should approach its inevitable impact. Attorneys with Sutherland Asbill & Brennan LLP review some of the personal and commercial automobile insurance regulations that will be affected by the technology and examine why regulation is needed immediately.

  • Venue Selection Is Key To Determining Coverage

    R. Steven DeGeorge

    State courts across the country continue to diverge on key coverage issues, meaning that researching and selecting the right court is a critical first step in insurance litigation. R. Steven DeGeorge of Robinson Bradshaw & Hinson PA explains the jurisdiction rules behind choosing a venue, and how they apply to both insurers and policyholders.

  • 3 Reflections From Summer Associates

    Jacob Jaffe

    Three summer associates of Carroll McNulty & Kull LLC share takeaways and advice from their summer 2016 experiences.

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.

  • Florida Law's Chapter 558 Statute And Defining 'Lawsuits'

    Joshua M. Atlas

    Florida's construction industry has been awaiting a ruling on whether or not a Chapter 558 process qualifies as a "suit," as the decision could have significant impact on the price of construction. The Eleventh Circuit has deferred the issue to the Florida Supreme Court due to the severity of the issue, says Joshua Atlas of Arnstein & Lehr LLP.

  • Current Trends In Representation And Warranty Insurance

    Nathan J. Neuberger

    While transaction risk was usually limited to buyers and sellers in the past, in recent years a segment of the insurance industry has started shouldering some of the risk behind mergers and acquisitions. Eric Ziff of Aon Transaction Solutions and Nathan Neuberger of Reinhart Boerner Van Deuren explain the similarities and differences between two types of reps and warranties insurance policies.

  • What Mutual Fund Advisers Can Learn From AXA Trial Win

    Eben P. Colby

    While the recent New Jersey federal court ruling in Sivolella v. AXA Equitable Life Insurance Co. — brought under Section 36(b) of the Investment Company Act — was a decisive victory for the defendant adviser, it serves as a reminder to mutual fund boards and advisers alike of what really matters in excessive-fee litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • From The Partner’s Desk: Paving Your Path To Partnership

    Gary M. Gansle

    One of the most oft-cited complaints from associates is the lack of clarity around what it takes to make partner. While this can certainly be laid at the feet of law firms large and small alike, an ever-changing business environment is at least partly to blame. Today, law firms are not making partnership decisions based on the same criteria they used 20, 15 or even 10 years ago, says Gary Gansle of Squire Patton Boggs LLP.

  • In Congress: Zika, Water Resources, Funding Our Government


    While the strategy to keep the government running and allow members to return home to campaign is hammered out behind the scenes, other legislative priorities will dominate floor activity in both chambers, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.