• March 20, 2018

    EU Gov'ts Sign Off On Landmark Insurance Pact With US

    European Union governments finally signed off a landmark transatlantic insurance deal between the U.S. and the EU on Tuesday, leaving it up to U.S state insurance regulators to start tackling key questions on how to implement a pact.

  • March 19, 2018

    Roche Bros. Not Covered For Snow Removal, Court Says

    Continental Casualty Co. doesn't have to cover Roche Brothers Supermarkets Inc.'s costs to remove snow from the roofs of several Massachusetts stores following record-breaking winter storms in 2015, a state judge ruled Friday, holding that the grocery chain's policy doesn't apply to preventative measures taken to avoid property damage.

  • March 19, 2018

    Canada Asks 1st Circ. To Affirm Sovereign Consulate Benefits

    Canada pressed the First Circuit on Monday to affirm that its foreign consulate in Boston should be free to operate its own benefit programs outside of Massachusetts state law.

  • March 19, 2018

    Weil, Davis Polk Steer $1.2B Fidelity-Stewart Deal

    Weil Gotshal & Manges LLP represented Fidelity National Financial Inc. in connection with its $1.2 billion acquisition of Davis Polk & Wardwell LLP-counseled global real estate services company Stewart Information Services Corp., a matter the firms announced on Monday.

  • March 19, 2018

    Chiropractors, Attys Say Geico Fraud Claims Lack Specifics

    Florida-based chiropractic network Path Medical LLC, a pair of law firms and several other parties on Friday filed a flurry of motions to dismiss Geico’s $15 million suit over allegedly fraudulent insurance claims, contending the company had not backed up its claims with specifics.

  • March 19, 2018

    Reinsurance Firm's Restructuring Implementation Deal OK'd

    A restructuring implementation agreement needed to integrate insolvency proceedings in multiple jurisdictions for bankrupt reinsurance firm Scottish Holdings Inc. received approval Monday in Delaware after the objections of creditors and the U.S. trustee were resolved.

  • March 19, 2018

    Offshore Manufacturer Wants Out Of Petrobras' $400M Suit

    Spanish offshore equipment manufacturer Vicinay Cadenas SA urged a Texas federal court on Monday to dismiss Petrobras America Inc.'s lawsuit seeking $400 million over an allegedly defective chain used to support a floating oil and gas facility, because, despite Petrobras assuring the court its claims didn't rely on a purchase order, it is now arguing otherwise.

  • March 19, 2018

    Insurers Keep Win In Suit Over Man Killed By Air Intake Pipe

    A New York state appeals court found Friday that a health and safety inspection company must cover the cost of a settlement in a suit over a hazard it allegedly missed that led to the death of a factory worker, despite not being the company that delivered the final report.

  • March 19, 2018

    Rite Aid Defends Rx Discount Program In Co-Pay Cost Row

    A customer can’t sue Rite Aid Corp. for charging patients with private insurance higher co-pays than cash-paying customers who enroll in its generic-drug discount program because there’s nothing legally requiring it to match the prices, the pharmacy told a California federal court Friday, hoping to ditch a potential class action.

  • March 19, 2018

    Insurer Fights Coverage Of Row Over Texas Sports Complex

    Insurer Mt. Hawley Insurance Co. lobbed a lawsuit in Texas federal court on Friday at a trio of companies responsible for building a municipal sports complex in a San Antonio suburb, saying it should not have to cover a lawsuit alleging the firms provided a subpar finished product.

  • March 19, 2018

    NC Asset Manager Blasts BCBS Claim On 'Blue' Trademark

    A North Carolina asset manager that offers insurance services told a federal judge Monday that Blue Cross and Blue Shield Association can’t pursue trademark infringement claims against it because its brand marks are entirely unlike BCBS' and they aren’t based in the same markets, among other issues.

  • March 19, 2018

    Juror Shortfall Kills $16M Verdict Against Med Mal Insurer

    An Illinois appellate court on Friday threw out a nearly $16 million verdict against a major medical malpractice insurance company over its alleged failure to settle a wrongful death case within its policy limits, ruling the trial had too few jurors to be fair.

  • March 19, 2018

    Justices Ask Gov't For Views On ERISA Causation Burden

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a case asking when the burden of showing whether an Employee Retirement Income Security Act fiduciary caused an alleged loss shifts from the workers to the fiduciary.

  • March 16, 2018

    Acuity Off Hook For Damage Due To 'Earth Move' Clause

    An Illinois federal judge on Thursday held that an “earth movement” exclusion in a commercial building's insurance policy barred Acuity Mutual Insurance Co. from covering its client’s repair costs for damage done to the building.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Hartford Needn't Indemnify Trucking Co. For Workplace Death

    A Virginia federal judge on Friday ruled Hartford Underwriters Insurance Co. doesn’t have to pay any benefits on a workers' compensation claim made by the widow of a trucking company employee who died as the result of a workplace accident, handing the insurer a quick win in the case.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    Patriarch Not Covered For SEC Probe, Axis Tells 2nd Circ.

    Axis Insurance Co. on Friday urged the Second Circuit to uphold a New York federal court's ruling that it doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of an SEC investigation and enforcement action, saying the lower court properly concluded that coverage is barred because the probe predated the insurer's policy.

  • March 16, 2018

    Asbestos Firm Must Face Insurers' Coverage Payback Suit

    A Texas federal court on Friday refused to toss a suit from three health insurers that claims a law firm failed to pay the companies money out of its clients’ asbestos settlement funds, asking the parties for additional information but saying the suit could remain for now.

Expert Analysis

  • Opioid Solutions: Insurance, Legislation Or Litigation?

    Adam Fleischer

    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive and raise questions as to whether the cost of the opioid battle is more justifiably absorbed by public health legislation, the private pharmaceutical industry or insurers, says Adam Fleischer of BatesCarey LLP.

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • Unreported Claims Do Not Always Jeopardize Coverage

    Shaun Crosner

    In many cases, insureds are entitled to coverage under claims-made policies notwithstanding failure to report a prior communication, demand or proceeding. When insurers argue otherwise, their positions must be evaluated carefully in light of the law, facts and pertinent policy provisions, says Shaun Crosner of Pasich LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 2

    P. Frye 300dpi - July 2015.jpg

    The Illinois Supreme Court should resolve the contradiction between two recent Illinois appellate decisions by ruling that whenever allegedly deficient policy language is delivered to an insured more than two years before a suit is filed, the suit should be dismissed, says Patrick Frye of Freeborn & Peters LLP in the final part of this article.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 1

    Patrick Frye

    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • Insurtech Is The Next Frontier For Texas Insurance

    Jennifer Gibbs

    Texas has shown strong interest in investing in insurtech startup companies, and insurers would be wise to implement insurtech innovations before being left in the dust. Though some view insurtech as a threat, it appears to be here to stay and will supply insurers with a wealth of information, say Jennifer Gibbs and Bennett Moss of Zelle LLP.