• November 20, 2015

    Builder's Pact Doesn't Nix Insurer Liability, Ore. Justices Say

    An Oregon condominium association's agreement to not execute part of a judgment against a builder in construction defect litigation doesn't automatically erase the builder's liability or that of its insurer, the Oregon Supreme Court ruled Thursday, upending a 42-year-old precedent.

  • November 20, 2015

    Texas Justices Avoid Excess Coverage Fight In Oil Cleanup

    The Texas Supreme Court on Friday refused to take up Highlands Insurance Co.'s bid to reverse a ruling holding that Plantation Pipe Line Co. didn’t forfeit excess coverage purchased from Highlands Insurance Co. by settling coverage claims stemming from a 1975 oil leak.

  • November 20, 2015

    Army Contractor Sued Over Insurer Deal In $351M Loan

    An insurance company hit a military housing contractor with a breach of contract suit in Texas federal court Thursday, saying the company failed to take specific steps outlined in a 2005 contract to assure a lender that its $351 million loan would be repaid.

  • November 20, 2015

    Insurance Row In NJ Shooting Hinged On Policy Language

    A New Jersey judge cited the differing language of two insurance policies in determining Thursday that a landlord sued over a Newark nightclub shooting that killed one person and injured another was due coverage under one policy but not the other, despite both having assault and battery exclusions.

  • November 20, 2015

    5 Important Insurance Rulings You May Have Missed

    Highly anticipated insurance rulings in recent months have overshadowed several other notable court decisions, including a Third Circuit opinion axing coverage for suits over Urban Outfitters' collection of customer ZIP codes and a Maryland appeals court's ruling that contractors can seek coverage for more than vicarious liability under subcontractors' policies. Here, Law360 recaps the recent insurance rulings you may have overlooked.

  • November 19, 2015

    NJ Hospitals Sue Over Approval Of Horizon's Tiered Coverage

    A dozen hospitals excluded from the top level of Horizon Blue Cross Blue Shield of New Jersey’s upcoming tiered coverage plan have appealed its approval, alleging the state’s Division of Banking and Insurance passed it despite its failure to meet health network adequacy requirements.

  • November 19, 2015

    Two Insurers Off Hook In Deadly Wastewater Explosion Suit

    A Michigan federal judge on Thursday denied defense and indemnification to a project engineering firm accused of negligence in an underlying wrongful death and personal injury suit, saying a professional service exclusion in one insurer’s policy denied coverage and another never named the firm as an additional insured.

  • November 19, 2015

    5 Key Issues As UnitedHealth Mulls ACA Exit

    UnitedHealth on Thursday sent a chill down the spines of Affordable Care Act fans by announcing it may abandon the law’s insurance marketplaces after suffering hundreds of millions of dollars in losses. Here's a look at the insurance giant's concerns and what they say about the ACA's future.

  • November 19, 2015

    Lloyd's Freed From Covering LifeLock For False Ad Suits

    A New York judge on Thursday threw out a lawsuit brought by identity theft protection company LifeLock Inc. against certain underwriters at Lloyd’s of London seeking defense costs from several class action lawsuits and related litigation over purportedly misleading claims, saying the insurance policy unambiguously bars coverage.

  • November 19, 2015

    Coverage Suit Flop Not On Anderson Kill, NY Court Affirms

    A New York appellate court cemented Anderson Kill PC's win in a malpractice suit stemming from a $30 million insurance battle, saying the firm's delay in filing an appeal didn't change the fact that a fired employee's suit over stock options wasn't covered.

  • November 19, 2015

    Oregon Agency Immune To Oracle Copyright Suit, Judge Says

    An Oregon federal judge dismissed Oracle America Inc.’s copyright claim against a state agency that took over responsibilities from Oregon’s health insurance exchange Wednesday, saying the agency has sovereign immunity under the 11th Amendment.

  • November 19, 2015

    Yahoo Wins Refund In Fight With Insurer Over NCAA Contest

    Yahoo won a victory in its fight with SCA Promotions over its failed plan to run a $1 billion NCAA March Madness contest when a federal judge in Texas on Wednesday ruled the Internet giant was entitled to recover half of the fees it paid to the prize promotions company.

  • November 19, 2015

    Ex-FIFA Official Seeks Defense Costs In Corruption Probe

    Costa Rican soccer official Eduardo Li, who was arrested in connection with the U.S. Department of Justice’s sweeping probe into soccer corruption, asked a New York federal court on Wednesday for an injunction requiring an insurance policy to pay for his criminal defense.

  • November 19, 2015

    Deals Rumor Mill: Pfizer, Cosco Group, Towers Watson

    Pfizer Inc. is closing in on a $150 billion deal to buy Allergan PLC, Chinese state-owned shipping companies Cosco Group and China Shipping Group are nearing a $20 billion merger, and Towers Watson & Co. will nearly double the shareholder consideration in its proposed $18 billion merger with Willis Group.

  • November 19, 2015

    6th Circ. Flips Maxum Win Over Insurance Fraud Coverage

    In a split decision, the Sixth Circuit upended a win for Maxum Indemnity Co. on Wednesday, telling the insurer its policy covering an insurance agency was ambiguous and it therefore had to defend the agency against allegations it sold insurance that didn't exist.

  • November 19, 2015

    Insurer Slams Railway Company's Coverage Claims

    An insurance company told a Georgia federal judge Wednesday that a railroad line has not proven its case in a coverage dispute between the two companies, saying the insurer is not liable for claims from a 2011 car-train collision because it happened on tracks owned by a subsidiary of the railroad.

  • November 18, 2015

    German Insurer Scores Win In Ford Coverage Fight

    A New York federal judge on Tuesday backed German insurer HDI-Gerling Industrie Versicherung AG's request to confirm two versions of an arbitration award against Ford, rejecting the automaker's request to transfer the battle over coverage used for defect-related claims to Michigan.

  • November 18, 2015

    Bikram, Insurers Spar Over Coverage For Rape Cover-Up Suit

    Yoga guru Bikram Choudhury on Tuesday urged a California federal judge to find that Nationwide Mutual Insurance Co. and Philadelphia Indemnity Insurance Co. must defend him in a suit alleging he fired a former legal adviser for refusing to cover up a rape allegation against him.

  • November 18, 2015

    San Diego Settles Decades-Old, $136M Business Park Dispute

    San Diego’s general fund won’t pay a dime of the $136 million it had earlier been on the hook for thanks to settlements that will see insurers pay $33.2 million to resolve a decades-old dispute over a stalled development project, the city attorney announced Tuesday.

  • November 18, 2015

    Skelos Son Had 'Blowout' With Boss Questioning His Hours

    A man once tasked with supervising former New York Senate Majority Leader Dean Skelos' son Adam told jurors Wednesday that Adam Skelos launched into a profanity-laced tirade when the supervisor questioned his failure to appear for what prosecutors seeking to convict the pair on graft charges call a no-show medical malpractice insurance sales job.

Expert Analysis

  • 3 Pressing Challenges For Personalized Medicine

    Antoinette F. Konski

    Advances in diagnostic and molecular medicine have made it possible to more precisely identify treatment options for patients based on their unique genetic or clinical profiles. However, inadequate support by insurance policies, inconsistent standards for evaluating diagnostic tests and lack of incentives can impede development and patient access to these personalized therapies, says Antoinette Konski at Foley & Lardner LLP.

  • What Industry Thinks Of The Cybersecurity Bill Of Rights

    John S. Pruitt

    The National Association of Insurance Commissioners recently approved a Cybersecurity Bill of Rights for insurance consumers, over objections from industry groups that claim the document is misleading because the purported “rights” extend — and in some cases conflict with — the actual obligations of insurers under federal and state law, say John Pruitt and Mary Jane Wilson-Bilik at Sutherland Asbill & Brennan LLP.

  • Full Medical Bills Allowed Before A Calif. Jury, Again

    Robert F. Tyson

    For the second time in just four months, a California appellate court has dealt insurance companies a significant setback in the fight against juries considering inflated medical bills by interpreting and applying Howell v. Hamilton Meats to an uninsured plaintiff’s claim for past medical damages, say Bob Tyson and Cayce Greiner at Tyson & Mendes LLP.

  • Natural Disasters In Latin America: Reinsurance Issues


    While natural catastrophes like Hurricane Patricia always pose challenges for international reinsurers based in Europe and the United States, those issues can be exacerbated when the losses take place in unfamiliar jurisdictions such as Mexico or other Latin American countries that have a different approach to claim handling and dispute resolution, says Alejandro Almaguer and Jose Umbert at Zelle International LLP.

  • Special Insurance Coverage Issues For Gov't Contractors

    Peter Eyre

    Peter Eyre and Rachel Raphael of Crowell & Moring LLP outline five considerations that government contractors should keep in mind when evaluating whether their business is adequately protected from an insurance standpoint.

  • When A Cyberattack Has A Physical Impact

    Alex J. Lathrop

    The most well-publicized cyberattacks are those that compromise personal information, but there is a potentially damaging cyberthreat that has been getting much less attention — the risk of large-scale physical property damage and business interruption losses stemming from a cyberbreach, say Alex Lathrop and Andrew Ardinger at Orrick Herrington & Sutcliffe LLP.

  • 3 Ways To Attack Pleadings In Texas State Court

    Curtis Waldo

    While there are several avenues by which a defendant might challenge a plaintiff’s pleadings in Texas state court, none fits neatly into the category of a federal 12(b)(6) or 12(c) motion, and each presents its own procedural hurdles and strategic considerations, says Curtis Waldo of Reed Smith LLP.

  • OPINION: Via Duke, Companies Are Shaping Discovery

    Suja A. Thomas

    Led by Duke Law Center’s Advisory Council, which is comprised of several major corporations, an "invitation only" conference was held under rules of secrecy protecting the identity and affiliation of the speakers. Many companies on the council, such as GE, Pfizer and ExxonMobil, sponsor the center and testified in favor of the new federal rule, says Suja Thomas, a professor at the University of Illinois College of Law.

  • Stipulated Judgments To Set Up Insurers — Not In Calif.

    Max H. Stern

    A recent California appeals court decision in 21st Century Insurance v. Superior Court left no doubt that, under California law, defended policyholders cannot stipulate to judgments to create bad faith cases, says Max Stern at Duane Morris LLP.

  • Strategies For Law Firms Leaping Into Latin America

    Bruce Lubin

    Law firms that are optimistic about pockets of growth and emerging energy markets appear less resistant to entering Mexico than other Latin American countries, but Colombia is probably a safer environment. Holland & Knight, DLA Piper, Baker & McKenzie and Norton Rose all currently have offices in Bogota, says Bruce Lubin, senior managing director of Lippman Jungers LLC.