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  • December 13, 2018

    State Farm Needn't Cover Trade Secrets Suit, 10th Circ. Says

    The Tenth Circuit on Thursday affirmed that State Farm doesn’t have to cover a businessman in a lawsuit alleging he misappropriated a former partner’s idea for a gas detection system to form a competing company, agreeing with a lower court that coverage is unavailable because the businessman wasn’t sued over his actions as an officer of the new company.

  • December 13, 2018

    Vereit Insurers Must Cover SEC Probe, Class Action Costs

    A Delaware state court judge has ruled real estate trust Vereit Inc.'s insurers must cover the costs the company's investment manager incurred defending against an investor class action and a U.S. Securities and Exchange Commission probe aimed at both companies.

  • December 13, 2018

    $250M State Farm Deal OK'd Amid Objector's Threat To Appeal

    An Illinois federal judge gave the final go-ahead Thursday to a $250 million settlement in a class action accusing State Farm of using campaign donations to buy an Illinois Supreme Court justice’s vote, but an objector to the deal has said she will likely appeal.

  • December 13, 2018

    Allstate Underpaid Auto Crash Injury Benefits, Suit Says

    A putative class of auto insurance customers and a putative class of health care providers are jointly suing Allstate over allegedly failing to properly reimburse health costs over car accidents that happened in Pennsylvania but occasioned treatment outside Pennsylvania, according to a suit removed to New Jersey federal court Wednesday.

  • December 13, 2018

    'Contradictory' Collection Letter Class Certified In NJ

    A New Jersey federal judge on Thursday certified a proposed class action alleging a letter sent by a debt collector contained contradictory health insurance instructions, ruling among other things that the common claims in the suit would predominate over individual issues.

  • December 13, 2018

    Deals Rumor Mill: Premier Oil, Japan Post, Oak Hill

    Premier Oil PLC is mulling making an offer for North Sea oil and gas assets being sold by Chevron Corp., Japan Post Holdings plans to invest in U.S. insurer Aflac Inc., and an Oak Hill Capital Partners buyout fund is getting ready to hit its first close.

  • December 13, 2018

    Top Insurance Legislation & Regulation Stories Of 2018

    This year brought many major policy developments that affected insurers, with the European Union's stringent data security rules spurring demand for cyber insurance and U.S. regulators ending an era by rescinding Prudential's designation as a systemically important financial institution, leaving no nonbank firms with the controversial tag. Here, Law360 looks back at the biggest regulatory and legislative developments that impacted insurers in 2018.

  • December 13, 2018

    Mass. Appeals Court Cuts Oil Spill Payment In Half

    A Massachusetts appeals court on Thursday said an oil and heating company was entitled to save more than $131,000 in a jury verdict over an oil spill, ruling half the payment for a negligence judgment is offset by money the oil company’s insurer already paid to fix the damaged property.

  • December 13, 2018

    Insys Slams BCBS Privilege Claim In $19M Fentanyl Suit

    Fentanyl maker Insys Therapeutics Inc. has filed a blistering request in Arizona federal court to wrest documents from Blue Cross Blue Shield over the insurer's allegations that Insys conjured up $19 million worth of bogus prescriptions for the powerful opiate, calling the insurer's attorney-client privilege claims a fiction.

  • December 12, 2018

    BCBS Must Face Per Se Antitrust Test, 11th Circ. Rules

    Blue Cross Blue Shield insurers must face the per se legal standard that if proven says their behavior in allegedly divvying up geographic markets broke the law regardless of the impact on competition, the Eleventh Circuit said Wednesday.

  • December 12, 2018

    It's Too Early To Say Doc Is Dodging Fees, Fla. Court Tells Atty

    A Florida appeals court on Wednesday dismissed the appeal of a trial court order ending an attorney’s claims against his former client, a Miami-area chiropractor, whom the attorney claims settled on his own with an insurer to circumvent the lawyer’s right to fees.

  • December 12, 2018

    Pa. Businesses Sue Drone Maker Over $1.4M Fire

    The tenants of a Pittsburgh-area office building have filed a Pennsylvania state court suit against DJI Technology Inc., blaming the company for allegedly defective drone batteries that sparked a December 2016 fire resulting in more than $1.4 million worth of damage to businesses and a restaurant in the building.

  • December 12, 2018

    NY AG Gets Emblem To Cover Gender Reassignment Surgery

    Nonprofit insurer EmblemHealth has agreed to cover gender reassignment surgery and reimburse policyholders who paid for surgery out of pocket after being denied coverage, the New York attorney general’s office announced Wednesday.

  • December 12, 2018

    Fatal Crash Of Thrice-Lent Car Not Insured, 10th Circ. Says

    The Tenth Circuit on Wednesday affirmed a trial court’s ruling that a man’s State Farm liability coverage doesn’t apply to wrongful death claims arising from a fatal one-car crash that occurred when the man’s estranged wife’s boyfriend allowed an intoxicated woman to drive the man’s Porsche.

  • December 12, 2018

    'Runaway' Litigation Costing Fla. Insureds Billions: Report

    Florida insurance carriers have passed along billions in legal costs to policyholders as lawsuits involving “assignments of benefits” — which permit medical service providers and repair contractors to pursue direct payment from insurers — continue to proliferate statewide, according to a Wednesday report by the Insurance Information Institute.

  • December 12, 2018

    Calif. Wildfires' Insured Losses Top $9B, Official Says

    Insurers are expected to shell out more than $9 billion to cover policyholders’ losses in a spate of deadly wildfires that ravaged California last month, according to an estimate Wednesday from the state’s insurance regulator.

  • December 12, 2018

    US To Sign Deal With UK On Post-Brexit Insurance Trade

    The U.S. government said Wednesday that it intends to sign a sweeping agreement with the U.K. that will help American firms keep pushing into the world’s fourth-largest insurance market after Britain exits the European Union.

  • December 12, 2018

    Fla. Justices Won't Rehear Judge's Facebook Friend Recusal

    The Florida Supreme Court said Wednesday it would not reconsider its ruling that a Facebook friendship between a judge and an attorney appearing in the judge’s court does not by itself demand the judge’s recusal.

  • December 11, 2018

    Judge Passionately Defends Juries In Denying Instant Wins

    A Massachusetts federal judge unleashed a Seventh Amendment polemic Tuesday against five separate motions for summary judgment in a complicated suit over a grave injury to a farmworker, saying that to bar a jury from deciding whether to put a private equity firm on the hook for damages would evince "an unabashed retreat from the magnificent vision of the founders."

  • December 11, 2018

    Insurers Can't Use ERISA To Block NJ Orthopedists' Suit

    Two insurance companies have fallen short in their bid to toss an orthopedic practice’s suit alleging they failed to fully cover a patient’s surgery after approving the procedure, with a New Jersey federal judge rejecting the insurers’ argument that the claims are preempted by the Employee Retirement Income Security Act.

Expert Analysis

  • Guest Feature

    The Subtle Art Of Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff visits him to learn more.

  • A Look At New IRS Guidance For Discounting Unpaid Losses

    Kristan Rizzolo

    The IRS recently proposed regulations for discounting unpaid losses under Internal Revenue Code Section 846. This necessary guidance, affecting both long- and short-tail insurers, removes obsolete regulations following the Tax Cuts and Jobs Act, say Kristan Rizzolo and Graham Greene of Eversheds Sutherland LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Modernizing The Variable Contract Disclosure Regime

    Steve.Roth_print (1).jpg

    A new proposal by the U.S. Securities and Exchange Commission represents a major step forward in updating the disclosure and delivery requirements imposed on the variable insurance products industry. Embracing the new regime, however, will take some work and is not without certain challenges, say attorneys with Eversheds Sutherland.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Property Damage Is Not Necessarily Physical In Calif.

    Catherine Doyle

    In Thee Sombrero v. Scottsdale, a California appellate court recently articulated that for insurance purposes, economic losses can constitute property damage even without physical damage if an insured loses the use of tangible property, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Ohio High Court Enters Debate On Faulty-Work Insurance

    Jonathan MacBride

    In Ohio Northern v. Charles Construction, Ohio's Supreme Court recently went against the prevailing trend of courts being more inclined to find that a subcontractor's faulty workmanship can be an occurrence under a commercial general liability policy, says Jonathan MacBride of Zelle LLP.