• December 2, 2016

    Insurance Co. Says Policy Doesn't Cover Exploding E-Cig

    Insurer Atlantic Casualty sued a Spokane, Washington, smoke shop Thursday in an effort to avoid covering the smoke shop after a customer’s e-cigarette blew up in her face.

  • December 2, 2016

    EPA Floats Hardrock Mining Financial Responsibility Rule

    The U.S. Environmental Protection Agency on Friday proposed a rule that would require owners and operators of hardrock mining facilities to prove they’re financially capable of paying for cleanup or reclamation efforts associated with their businesses.

  • December 2, 2016

    Texas High Court Won't Rehear $72M Wrongful Death Suit

    The Texas Supreme Court on Friday refused to reconsider a decision in which it axed a $72 million judgment against a drilling company's insurers linked to the death of an oil rig worker.

  • December 2, 2016

    Insurer Looks For Quick Win In Zip Line Injury Coverage Suit

    Great American Insurance told a Missouri federal judge Thursday that a 2014 zip line accident at a Missouri Baptist conference center occurred on a part of the property not covered by its policy, therefore no coverage exists toward an underlying personal injury suit and quick judgment is in order.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    21 At Texas Med. Center Charged In Massive Bribery Scheme

    Nearly two dozen founders of and investors in a physician-owned health care facility in Dallas have been charged in connection with roughly $40 million in bribes and kickbacks paid for patient referrals, according to a federal indictment unsealed Thursday in Texas federal court.

  • December 1, 2016

    Insurer Wins Bid To Exhaust Policy Limit Over Atty Shooting

    A New Jersey state judge has ruled that an insurer may exhaust a policy to settle claims against a security company over the fatal shooting of an attorney at a mall, even if that settlement does not end claims against the mall's owners.

  • December 1, 2016

    Insurance MVP: Covington & Burling’s Marty Myers

    Covington & Burling LLP partner Marty Myers recently helped World Fuel Services, one of the largest suppliers of fuel and oil products on the planet, score a $24.5 million award for insurance coverage related to a $17 million marine cargo loss off the coast of West Africa, landing him a spot on Law360’s 2016 list of Insurance MVPs.

  • December 1, 2016

    Insurer Settles With Atty, Marketer In $180M RICO Suit

    Boston Life told a Florida federal court Thursday that it has reached a agreement to drop a marketer and several parties from its $180 million lawsuit claiming a conspiracy to knock off one of the insurer's products, but said claims will continue against Greenberg Traurig LLP, KPMG and others.

  • December 1, 2016

    Economist Rallies To Defense Of $54B Anthem-Cigna Deal

    An economist hired by Anthem Inc. assured a D.C. federal judge Thursday that the health insurer’s $54 billion merger with Cigna Corp. would generate $2.4 billion in cost savings that will benefit customers, providing a key defense to a U.S. Department of Justice suit claiming the deal is anticompetitive.

  • December 1, 2016

    Geico Let Road Rage Deal Crumble In Bad Faith, Jury Says

    Geico acted in bad faith by not completing a settlement with the family of a woman killed amid a road rage incident involving a policyholder who was ordered to pay the family $4 million in an underlying case, a Florida federal jury determined Thursday in Tampa.

  • December 1, 2016

    A Dock Isn't A Building, Judge Rules In Insurance Case

    A federal magistrate judge in Washington state found Wednesday that a homeowner policy doesn't cover the full replacement cost of a dock damaged in a windstorm because it's not a "building" according to the dictionary definition.

  • December 1, 2016

    Fla. Policyholders Gain Slight Edge In Property Damage Cases

    Florida's high court gave policyholders relief with its ruling Thursday that an entire property insurance claim may be covered where there are multiple concurrent causes of loss and at least one is covered under a policy, but insurers may still be able to defeat claims if they can show that an excluded risk prompted a chain of events causing damage, attorneys say.

  • December 1, 2016

    CEO Hurting Patriot National To Keep Control, Investor Says

    A shareholder of Patriot National Inc., which provides administrative services to insurance companies, has sued the company in Delaware based on allegations that its CEO made a series of detrimental decisions to retain control.

  • December 1, 2016

    Aetna-Humana Merger Trial Will Hinge On Market Contours

    Starting Monday, Aetna and Humana will face off in court with the U.S. Department of Justice over their proposed $37 billion merger, and the crucial question of how to define the markets that could be affected by the transaction will be front and center in the fight.

  • December 1, 2016

    Texas Jury Slaps Mortgage Lenders, CEO With $93M Verdict

    Two mortgage brokers once among the largest in the nation and their CEO must pay a $93 million verdict that is subject to trebling after a Houston federal jury ruled they tricked the federal government into covering thousands of risky loans.

  • December 1, 2016

    SD High Court Revives Coverage Bid For Wrecked Grain Bins

    The Supreme Court of South Dakota on Wednesday reignited a dispute over whether Western National Mutual Insurance Co. owes coverage toward underlying claims that a construction company was to blame for a set of poorly built grain bins, finding that a lower court erred by applying certain policy exclusions.

  • December 1, 2016

    AHA Warns Trump Against ACA Repeal Without Replacement

    The American Hospital Association is urging President-elect Donald J. Trump not to repeal the Affordable Care Act until a replacement plan is ready for approval, warning that “significant instability” could otherwise ensue.

  • December 1, 2016

    Insurer Must Pay When 1 Cause Is Covered, Fla. Justices Say

    The Florida Supreme Court ruled Thursday that policyholders may obtain coverage for an entire property insurance claim where there are multiple concurrent causes of loss and at least one is covered under a policy, agreeing with a decades-old precedential appellate decision.

  • November 30, 2016

    Allstate Pays $600K To End SoCal DAs' False Ad Suit

    Allstate Insurance Co. on Tuesday agreed to pay $600,000 to end a suit brought by the district attorneys of Los Angeles, San Diego and Riverside alleging the insurer falsely advertised an “accident forgiveness” program in California that is forbidden by state law.

Expert Analysis

  • How Late Is Too Late To Amend Insurance Appraisals?

    Summer L. Frederick

    One of the newest issues to arise in the appraisal process is whether policyholders can amend pleadings to include additional claims at the dispositive motion stage. Summer Frederick of Zelle LLP discusses the factors used to determine whether amendments are allowed, and the question of whether amendments can be used as an end run around existing laws.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Will The 'Pollution Exclusion' Ever Die? Part 2

    Rory Eric Jurman

    Florida case law is quick to find pollution exclusions unambiguous, allowing arguments for almost any substances to be excluded as pollutants. Thus, Florida is an ideal venue for insurers to litigate issues, but they should still exercise caution before proceeding with more far-fetched cases, says Rory Jurman of Fowler White Burnett PA.

  • Health Republic’s Curious Liquidation: Part 6

    James Veach

    James Veach of Mound Cotton Wollan & Greengrass LLP continues his discussion of Health Republic's complicated liquidation process. This part focuses on the conference held last month to obtain approval for a claims settlement process.

  • Will The 'Pollution Exclusion' Ever Die? Part 1

    Rory Eric Jurman

    For nearly 50 years, various forms of the "pollution exclusion" have limited coverage for pollution damage, to varying degrees of success. In this first part of a two-part article, Rory Jurman of Fowler White Burnett PA discusses the background of the pollution exclusion, as well as interpretation considerations.

  • Beyond Bean Counting: How Legal Can Add True Value


    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • Post-Election Thoughts On Antitrust

    Pete Levitas

    President-elect Donald Trump has not outlined a formal antitrust policy agenda. However, the announcement that former Federal Trade Commissioner Joshua Wright will be leading the transition team effort for the FTC suggests that the administration may be at least considering a more traditional Republican approach to antitrust, says Pete Levitas of Arnold & Porter LLP.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • Post-Election Analysis: The Future Of Insurance

    L. Charles Landgraf

    President-elect Trump will need to address a covered agreement with the European Union and finalization of the Federal Reserve's capital standards for insurers once he takes office. Meanwhile, Congress will focus on reauthorization of the National Flood Insurance Program, say L. Charles Landgraf and Paul Howard of Arnold & Porter LLP.