Insurance

  • January 20, 2017

    Among Trump's First Orders Is One To Ease ACA Regulations

    President Donald Trump got to work on his first day in office, signing executive orders including one that aims to “ease the economic burdens” of the Affordable Care Act in advance of its promised repeal, according to reports on Friday.

  • January 20, 2017

    FCRA Violation Props Up Horizon Breach Row, 3rd Circ. Says

    The Third Circuit on Friday revived a putative class action over a data breach at Horizon Healthcare, ruling in a published opinion that plaintiffs did not have to allege that their information had been misused but instead could rely on purported violations of the Fair Credit Reporting Act to establish standing. 

  • January 20, 2017

    Insurance Broker Execs Face Sanctions In Fight With Rival

    A Florida state judge has ordered several executives and employees of insurance broker AssuredPartners Inc. to explain why they should not be sanctioned for violating a temporary injunction entered against them in a case alleging they breached restrictions in their contracts with their former employer.

  • January 20, 2017

    State Farm Intrusive Discovery Case Heads To Texas Justices

    The Texas Supreme Court on Friday agreed to review two State Farm Lloyds discovery disputes in which the insurer argues intrusive and unjustified electronic discovery in multidistrict litigation alleging State Farm defrauded policyholders by underpaying wind and hailstorm claims.

  • January 20, 2017

    Petroterminal Notches Win In Pier Collapse Coverage Battle

    A New York federal judge found Thursday that Petroterminal de Panama has shown that its all-risk insurance policy should cover its $5 million-plus claim for costs tied to the collapse of a support at one of its piers, shifting the burden to the company's insurers to try to prove at trial that an exclusion applies to ax coverage.

  • January 20, 2017

    General Fed Contractors Can Recoup Atty Fees: 11th Circ.

    An Eleventh Circuit panel’s unpublished opinion Friday revived a bid by a U.S. Department of Veterans Affairs general contractor and its insurer sureties to recoup attorneys' fees on a dropped subcontractor suit alleging shorted payment, concluding the law doesn’t limit attorneys' fees from such suits only to subcontractors.

  • January 20, 2017

    Deals Rumor Mill: ING Life, Fairfax, Cushman & Wakefield

    Private equity-backed ING Life Korea hopes to raise more than $1 billion in a 2017 IPO, Fairfax Financial is in preliminary talks to sell part of its stake in India's top private general insurer and commercial real estate services brokerage Cushman & Wakefield is mulling a public listing.

  • January 20, 2017

    No Coverage For Wastewater Explosion Suit, 6th Circ. Affirms

    The Sixth Circuit on Friday affirmed a Michigan federal court's ruling that two insurers don't have to defend a project engineering firm in litigation over a fatal explosion at a wastewater treatment plant where it supervised upgrades, finding that coverage is barred by exclusions in both policies for claims stemming from the firm's professional services.

  • January 20, 2017

    Fla. Court Nixes Med Mal Jury Verdict Over Patient Death

    A Florida state appeals court on Friday reversed a jury verdict that found a doctor and her medical malpractice insurer liable for failing to properly diagnose and recommend treatment for a patient who died of meningitis after complaining of an earache, saying undisclosed expert testimony was wrongly admitted at trial.

  • January 20, 2017

    Insurer's Baseless Denial Is Bad Faith, Pa. Justices Told

    The estate of a woman who sued Conseco Health Insurance Co. over its handling of her cancer insurance claim told Pennsylvania's high court Thursday that its unreasonable denial of policy benefits sufficiently supports a bad faith claim, saying a separate finding of ill will or self-interest on the carrier's part is not required.

  • January 20, 2017

    Anthem Agrees To Lift Extra Step In Opioid Rehab Coverage

    Insurer Anthem Inc. has agreed to stop requiring that doctors answer questions about specific patients to obtain coverage for medication-assisted treatment for opioid abuse, removing an impediment to the therapy, New York Attorney General Eric T. Schneiderman said Thursday.

  • January 20, 2017

    AIG Earns Rebuke From HK Judges Over Bid To Nix Award

    American International Group Inc. on Thursday failed to convince a Hong Kong appeals court to take up its challenge to an arbitration award canceling its rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, instead drawing a scolding that its application was "totally without merit."

  • January 20, 2017

    NY Judge Won’t Leave Insurance Row Over Proskauer Past

    A New York magistrate judge on Friday refused to remove herself from an employment case accusing First Unum Life Insurance of improperly terminating disability coverage and denied that she represented the insurer during her time as an attorney at Proskauer Rose.

  • January 20, 2017

    Insurers Say GE Can't Arbitrate $45M Steel Co. Row

    A group of insurers for a steel company urged an Alabama federal judge on Thursday to reject a bid by a unit of General Electric Co. to send their claims to arbitration in Germany, saying the company has litigated for too long to invoke its rights.

  • January 20, 2017

    Insurer Says It Has No Duty To Cover Deceased Jockey

    Philadelphia Indemnity Insurance asked a Mississippi federal judge on Thursday for a quick win in its suit against a county fair and the family of a horse jockey who died during a fairground race, saying the company’s insurance policy with Neshoba County Fair clearly excludes athletes.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    Fla. Insurance Regulator Says State Farm Data Isn't Protected

    Florida's insurance regulator asked a state appeals court Thursday to reverse a decision declaring data from State Farm's residential insurance policies trade secrets exempt from public disclosure, arguing that the numbers had never been considered secret before 2014.

Expert Analysis

  • Life Settlements Industry: 2016 In Review

    Brian T. Casey

    Last year saw several large portfolio trades in the tertiary life settlements market, and the industry faced cost of insurance increases by several major companies. Brian Casey and Thomas Sherman of Locke Lord LLP discuss 2016's most important life settlements court cases from all around the country.

  • When 1 Progressive Loss Ends And Another Begins

    William C. Kolb

    In Temperature Service v. Acuity, the Northern District of Illinois recently addressed property insurance claims for damage progressing over the course of multiple policy periods. This decision reiterates that in certain jurisdictions it is possible for progressive loss from a common cause to "commence" more than once for coverage purposes, say William Kolb and Michael Silvestro of Skarzynski Black LLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Managing FCA Risks With Directors And Officers Insurance

    Marialuisa S. Gallozzi

    Last month, the U.S. Department of Justice announced that it had obtained over $4.7 billion in settlements and judgments from False Claims Act cases in fiscal year 2016. Policyholders looking to maximize their prospects of insurance recovery for FCA claims should make sure to understand the main coverage requirements and limitations of directors and officers liability insurance, say Marialuisa Gallozzi and Scott Levitt of Covington & Burling LLP.

  • Update On Statutes Of Limitations In Texas Bad Faith Claims

    Summer L. Frederick

    Under Texas insurance law, provisions regarding accrual have been surprisingly ambiguous despite the Texas Supreme Court's instruction. For this reason, the Fifth Circuit's decision in De Jongh v. State Farm is important because it has provided critical clarity in determining how much time insureds have to file bad faith lawsuits, says Summer Frederick of Zelle LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.