Insurance

  • February 22, 2018

    Chuck-E-Cheese, Insurer Trade Blows In $5M Coverage Battle

    Chuck E. Cheese's owner CEC Entertainment Inc. on Wednesday urged a Texas federal judge to rule that Travelers must shell out more than $4.9 million to cover the pizza chain's costs to defend a shareholder suit stemming from its 2014 merger, while the insurer looked to stop the coverage bid in its tracks.

  • February 22, 2018

    Insurers Fire Back At Bank's Bid For 6th Circ. Revival

    Eight insurers have told the Sixth Circuit that not only did they rightfully refuse to pay $75 million toward a $212 million settlement First Horizon National Corp. reached with regulators, but that the appeals court should revive their bad faith and breach of settlement claims against the bank.

  • February 22, 2018

    Deals Rumor Mill: Phoenix, Telecom Italia, United Tech

    Phoenix Group is reportedly nearing a deal for Standard Life's insurance unit, F2i and Rai Way increased their bid for Telecom Italia's broadcasting business, and United Technologies' CEO said the company will decide by the end of the year whether to split up.

  • February 22, 2018

    Insurer Balks At Covering Warehouse Damaged By Pot Op

    Westfield Insurance Co. on Wednesday told the Sixth Circuit it shouldn’t have to pay for warehouses that were damaged when they were surreptitiously converted into marijuana growing operations, calling the property owner’s argument that the damages resulted from “vandalism” and therefore are covered “a legal and factual red herring.”

  • February 22, 2018

    Calif. Justices Take Up Actavis' Opioid Suit Coverage Bid

    California's highest court has agreed to review Actavis' challenge of a lower court's ruling that it isn't covered under a Travelers policy for lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and caused a spike in heroin use, according to a Wednesday docket entry.

  • February 22, 2018

    Help Insurers Access Cyberattack Data, OECD Urges Gov'ts

    Governments must help insurers gain access to information on cyberattacks to help them price risk for customers and determine their own exposure to a potential rush of claims, the deputy secretary-general of the Organisation for Economic Co-operation and Development indicated on Thursday.

  • February 21, 2018

    GoPro Harness Maker Loses Injunction Bid In Coverage Spat

    A New York federal judge has rejected a GoPro harness maker's bid for a preliminary injunction in a coverage suit over underlying intellectual property claims, saying Wednesday that its insurer has been generally cooperative and there's little danger of irreparable harm to the company.

  • February 21, 2018

    Dish Can't Revive TCPA Suit Coverage Bid At 10th Circ.

    The penalties being sought against Dish Network LLC for alleged violations of the Telephone Consumer Protection Act are punitive and not covered by its policy with a Chubb Ltd. unit, the Tenth Circuit affirmed Wednesday.

  • February 21, 2018

    Colo. High Court Poised To Shape Appraiser Bias Battles

    Colorado’s high court is set to decide the standard for whether an insurance appraiser is impartial, a ruling that will lay the guidance for future litigation over whether an appraiser’s conduct showed bias.

  • February 21, 2018

    AIG Denied Quick Win In Becton Antitrust Coverage Fight

    An AIG unit can’t dodge coverage just yet for the $67 million bill medical technology company Becton Dickinson & Co. racked up settling two antitrust suits, a New Jersey federal court said Tuesday, ruling it’s unclear whether the policies at issue cover “unfair competition.”

  • February 21, 2018

    HHS Scrubs $12B ACA Request Spotlighted By Insurers

    The U.S. Department of Health and Human Services has deleted a $12 billion request for Affordable Care Act funding after health insurers spotlighted the request and said it strengthened their legal fight for ACA funds, according to court filings late Tuesday.

  • February 21, 2018

    Payment Method Puts Contractor On Hook For Covering Injury

    A New York state appeals court Tuesday ruled that the way construction company Cavan Corp. of NY was paid to oversee a Manhattan construction site cleared insurer Houston Casualty Co. of having to cover a lawsuit by a worker injured on Cavan's watch.

  • February 20, 2018

    Stanford Ponzi Deal Wrongly Bars Claims, 5th Circ. Hears

    Hundreds of investors in the Stanford Ponzi scheme urged the Fifth Circuit on Monday to overturn a $120 million deal settling claims that broker Willis Ltd. fraudulently induced their investments, arguing that the settlement funds inexplicably go to the Stanford receiver and the terms of the deal indefensibly bar further claims against Willis.

  • February 20, 2018

    High Court Won't Review CareFirst Data Breach Standing Row

    The U.S. Supreme Court on Tuesday refused to entertain CareFirst Inc.'s challenge to the revival of a putative class action over a 2014 data breach, preserving what the insurer and its supporters have characterized as a troubling circuit split over whether the mere exposure of consumer data is enough to give plaintiffs standing to move forward with such claims. 

  • February 20, 2018

    High Court Won't Hear Atty's Appeal Of Essay Sanction

    The U.S. Supreme Court on Tuesday declined to hear an attorney's appeal of a sanctions order to write a 5,000-word essay on the consequences of ignoring court orders, and to pay attorneys' fees.

  • February 20, 2018

    4 Takeaways As Trump Admin. Backs Skimpy Health Policies

    The Trump administration's action on Tuesday to allow lengthier sales of skimpy health insurance policies will deal another blow to Affordable Care Act marketplaces, but the impact will depend greatly on whether states play ball. Here are four takeaways on what to watch.

  • February 20, 2018

    Colo. Justices Take Up $3M Insurance Appraisal Battle

    The Colorado Supreme Court on Tuesday agreed to hear Owners Insurance Co.'s challenge of a $3 million appraisal award to a condominium association for hail damage in a case that will address whether insurance appraisers are permitted to favor one party over another.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

  • February 20, 2018

    Justices Refuse Insurer's Costs Case In Junk-Fax Dispute

    The U.S. Supreme Court refused Tuesday to consider a Seventh Circuit decision that federal court was not the place to try to collect a Canadian legal costs award in a long-running dispute between Saskatchewan Mutual Insurance Co. and CE Design Ltd. over junk faxes.

  • February 20, 2018

    7th Circ. Urged To Revive Class Suit Over Background Checks

    A class of people accusing an Indiana-based insurance company of rescinding job offers to applicants after receiving their consumer reports urged the Seventh Circuit to revive their lawsuit Tuesday, saying they should have been able to pursue its adverse action claim even if U.S. Supreme Court precedent killed their claim over procedural error.

Expert Analysis

  • Coverage For Cryptocurrencies Under Traditional Policies

    Leland Jones

    While newer forms of commercial crime policies specifically address cryptocurrency losses, there may be debate whether cryptocurrencies are "money," "securities" or "other property" under traditional crime forms. The argument will possibly focus on the "security" definition, say attorneys with Wiley Rein LLP.

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.