Insurance

  • August 18, 2017

    Wash. Justices Won't Rethink Pollution Exclusion Ruling

    The Washington Supreme Court on Thursday refused to disturb its holding in April that a pollution exclusion doesn't negate coverage under a commercial general liability policy when negligence is the primary cause of a loss, a ruling that was hailed by policyholders and maligned by insurance companies.

  • August 18, 2017

    Icahn Quits Post As Trump Adviser After Conflict Concerns

    Activist investor and CVR Energy chair Carl Icahn resigned Friday as President Donald Trump’s special regulatory adviser in the wake of conflict of interest questions related to his renewable-fuel market activities and ownership in insurance giant American International Group.

  • August 18, 2017

    Travelers Ordered To Cover Standard's Charney Suit Defense

    Travelers Indemnity Co. must cover hedge fund Standard General LP's costs to defend a defamation lawsuit brought by American Apparel's ousted CEO Dov Charney, a New York federal judge ruled Friday, finding that a policy exclusion for employment-related claims doesn't bar coverage.

  • August 18, 2017

    NJ Court Nixes DQ Bid In Superstorm Sandy Insurance Row

    A New Jersey federal judge on Thursday rejected a bid to disqualify an attorney from representing a condo association in its lawsuit over Superstorm Sandy-related flood insurance coverage, finding that the parties accused of not obtaining the proper policies waited too long to bring the motion.

  • August 18, 2017

    Liquor Chain Wants 5th Circ. To Revive Hack Coverage Suit

    A Texas liquor store chain urged the Fifth Circuit on Friday to reverse the lower court ruling that found Hanover Insurance was not obligated to pay the costs of a lawsuit seeking recovery of $4 million charged by the chain’s credit card processor following two data breaches, arguing the policy exclusions were wrongly interpreted. 

  • August 18, 2017

    DLA Piper Adds Ex-AIG Counsel, M&A Specialist In NYC

    DLA Piper has added an insurance and mergers and acquisitions pro from AIG to its insurance practice in New York, part of the firm’s ongoing effort to focus on the financial sector in general and the insurance industry in particular.

  • August 18, 2017

    Insurer Needn't Cover $4M Of Claims Manager Deal: 7th Circ.

    Novae Corporate Underwriters Ltd. doesn't have to cover $4 million of Cunningham Lindsey Claims Management Inc.'s settlement of allegations that it mismanaged an insurance program for roofing contractors, the Seventh Circuit affirmed on Friday, holding that the deal is unenforceable.

  • August 18, 2017

    Schorsch Sues REIT Biz Successor For Defense Costs

    Real estate investment trust mogul Nicholas S. Schorsch sued his former flagship business for defense fee coverage Thursday in Delaware’s Chancery Court, accusing the firm of refusing to honor agreements to pay and claiming that delays threaten his efforts in multiple proceedings.

  • August 18, 2017

    Pa. Pharmacy Must Face Horizon's Fraud Suit, Judge Says

    A New Jersey federal judge on Wednesday refused to toss Horizon Blue Cross Blue Shield of New Jersey’s lawsuit seeking to recoup $10 million the insurer paid in claim reimbursements to an allegedly unlicensed Pennsylvania mail-order pharmacy, ruling that the claims of insurance fraud and other violations were plausible.  

  • August 18, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the European Investment Bank sue the Syrian government, Bank of India bring a commercial contract claim against a Turkish mining firm, and a claim targeting insurance firm QBE. Here, Law360 looks at those and other new claims in the U.K.

  • August 18, 2017

    Drugmaker Moves To Stop Natal Vitamin Reclassification

    A drugmaker hit a pharmaceutical information provider with a lawsuit in California federal court on Thursday, alleging that its upcoming decision to designate prenatal vitamins as nonprescription is a deceptive change that will devastate its business and deny poor pregnant women the nutrients that prevent birth defects.

  • August 18, 2017

    Insurer, Accountant Settle Suit Over Botched Grant Oversight

    The Hanover Insurance Co. has settled a suit accusing Morison Cogen LLP of coming up short in their oversight of $23 million in government grants they oversaw on behalf of policyholder Big Brothers Big Sisters of America Inc., according to a Thursday filing in Pennsylvania state court.

  • August 17, 2017

    8th Circ. Picks Apart $289M PNC Insurance Scam Judgment

    The Eighth Circuit largely freed PNC Bank NA on Thursday from a $289 million judgment it had been ordered to pay over its role in a life insurance scheme, with the appeals court saying the case proceeded on a faulty legal basis that wrongly allowed for nationwide damages.

  • August 17, 2017

    Chinese Investment Co. Snags MassMutual Unit For $1.7B

    MassMutual International LLC has agreed to sell its Hong Kong-based subsidiary to a Chinese financial services company for $1.01 billion in cash and roughly $664.6 million worth of stock, the insurance holding company announced Thursday.

  • August 17, 2017

    Ground Rules Set For Amtrak Cleanup Coverage Battle In NY

    A New York federal judge on Thursday laid ground rules for how a jury should determine whether Amtrak is entitled to coverage from scores of insurance companies for environmental cleanup costs and held that, if multiple policies are triggered, the insurers must spread coverage proportionally on a pro rata basis.

  • August 17, 2017

    Citing Spokeo, Judge Blocks TCPA Class Against Pet Insurer

    An Illinois federal judge refused Wednesday to certify a class in a Telephone Consumer Protection Act suit over a pet health insurance company's alleged robocalls, saying evidence that some individuals consented to the calls prevents them from claiming injury under the U.S. Supreme Court’s Spokeo decision.

  • August 17, 2017

    Deals Rumor Mill: China Unicom, Hub International, Energen

    Shares of China Unicom have been suspended due to uncertainty related to details of the company's previously announced $11.6 billion fundraise, Hellman & Friedman is looking to sell a stake in insurance brokerage Hub International, and U.S. oil and gas exploration company Energen is being pressured by shareholders to sell.

  • August 17, 2017

    Troutman Sanders Must Exit FCA Suit, Says Health Care Co.

    A pair of Troutman Sanders LLP lawyers working in a lobbying subsidiary create a conflict for the firm in a newly unsealed False Claims Act suit in Nevada targeting their health care lobbying client, leading that client to ask that the firm be removed from the FCA case.

  • August 17, 2017

    Hilton Owners Seek To Force Insurer To Cover Wage Action

    The owners and operator of four Hilton hotels in Montana asked a federal judge on Wednesday to find that Charter Oak Fire Insurance Co. must cover their costs to defend and settle a proposed class action alleging they withheld extra fees from food service workers, arguing that two sections of their policy extend coverage.

  • August 17, 2017

    Western World Beats Coverage Suit Over NJ Condo Project

    Western World Insurance Co. on Wednesday defeated Nautilus Insurance Co.’s bid for reimbursement of its payout to a developer for a faulty roof replacement when a New Jersey judge ruled that condominium repairs are excluded under Western’s policy with the construction company that performed the work.

Expert Analysis

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A New Legal Precedent: Insurance Agents As Employees

    Kristine Ellison

    An Ohio district court's ruling in Jammal v. American Family is notable for is departure from industry practice and prior precedent treating many insurance agents as independent contractors. Insurers and other employers will be watching the U.S. Court of Appeals to see what guidance this case ultimately provides for assessing contractor status, say attorneys with Eversheds Sutherland LLP.

  • Why D&O Policies Should Cover Del. Appraisal Proceedings

    Peter Gillon

    Appraisal proceedings, unique to Delaware law, require acquiring corporations to pay shareholders if the price of a merger or acquisition deal is below fair market value. Fortunately directors and officers insurance might be able to cover affected companies' defense and other costs, say Peter Gillon and Benjamin Tievsky of Pillsbury Winthrop Shaw Pittman LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.