• April 27, 2017

    $9.6M Birth Injury Award Tossed Due To Lack Of ACA Info

    A California appeals court on Thursday tossed a jury's $9.57 million award to a boy who suffered a brain injury at birth for his future medical expenses, ruling the jury should have heard evidence about the benefits he could obtain under the Affordable Care Act and Medicaid.

  • April 27, 2017

    GAO Urges Overhaul Of Federal Flood Insurance Program

    Significant reforms will be necessary to reduce the federal government's exposure to losses under the National Flood Insurance Program, the U.S. Government Accountability Office said in a report released Thursday, recommending premium hikes and corresponding assistance programs, as well as measures to increase the number of private flood insurers.

  • April 27, 2017

    Christie Targets Horizon's Salaries In Health Reform Bill

    New Jersey Gov. Chris Christie took aim at Horizon Healthcare’s Medicaid arm Thursday in proposing legislation that would authorize the state to probe insurers’ potential breaches of obligation to subscribers, citing the “millions” the taxpayer-supported charity’s executives collect in compensation while others struggle to afford health care.

  • April 27, 2017

    NY Law Sinks RICO Claims In Appeal In Hedge Fund Suit

    A New Jersey appeals court on Thursday affirmed the dismissal of Racketeer Influenced and Corrupt Organizations claims in a lawsuit alleging a network of investment professionals forced an insurer’s financial ruin, finding that New York law, which doesn’t allow private civil RICO claims, applied because the alleged wrongdoing was concentrated in the Empire State.

  • April 27, 2017

    Insurer Denied Builder Defense In Bad Faith: Wash. Justices

    Washington state's high court ruled Thursday that ProBuilders Specialty Insurance Co. refused in bad faith to defend a builder against claims a homeowner was sickened by carbon monoxide released from an improperly installed water heater, holding that a pollution exclusion in ProBuilders' policy does not erase coverage.

  • April 27, 2017

    ACA Watch: Health Groups Balk At Revamped Repeal Bill

    Major health care groups are bringing out the knives as the Trump administration and House Republicans rejigger legislation to largely repeal and replace the Affordable Care Act, saying newly announced changes do not strengthen the bill and may actually weaken it.

  • April 27, 2017

    Insurer Sues 2nd Insurer Over Spoiled Pizza Hut Brownies

    A casualty insurer has sued another insurer in New York federal court to recover a portion of $1 million it paid to cover a brownie baker’s product contamination losses after two incidents where Pizza Hut customers reported foreign objects in their food, saying the other insurer has paid nothing to date.

  • April 27, 2017

    Pakistani Restaurant Owner Admits To Immigration, Tax Fraud

    A Pakistani national who runs a chain of Boston-area restaurants pled guilty in Massachusetts federal court Wednesday to tax and insurance fraud at his 11 eateries, also admitting that he had committed visa and immigration fraud in an unlawful bid to remain in the United States.

  • April 27, 2017

    Lexington Wins Right To Arbitrate Exxon Coverage Fight

    A Texas appellate court Thursday sided with Lexington Insurance Co. in its coverage dispute with ExxonMobil Corp. over whether an umbrella policy provided Exxon coverage stemming from a deadly April 2013 fire at its Beaumont refinery, holding that an agreement between the parties calls for the claims to be arbitrated.

  • April 27, 2017

    Calif. Senate Committee OKs Single-Payer Health Care Plan

    A committee of California senators on Wednesday took the state one step closer toward enacting universal health coverage with an affirmative vote for the Healthy California Act, a sweeping proposal to provide health care to all California residents with a publicly run plan.

  • April 27, 2017

    Insurance Suit Faces Hurdle: Plaintiffs Are In Prison

    Two former insurance and investment executives who are suing Zurich North America Co. for allegedly yanking insurance coverage are facing a hurdle before they can go to trial in Massachusetts: getting to the federal courthouse from federal prison.

  • April 27, 2017

    Investors Say Ambac Can't Shed Puerto Rican Bonds Suit

    Investors accusing Ambac Financial Group Inc. of misleading them about its $2.5 billion Puerto Rican bond portfolio have asked a New York federal court to keep their proposed class action alive, saying Tuesday that the bond insurer’s cautionary statements were too boilerplate to protect it from liability.

  • April 27, 2017

    Half Of $3.3M Superstorm Sandy Coverage Fight Put On Ice

    A New Jersey federal judge in a $3.3 million Superstorm Sandy insurance suit has punted a decision on whether Lexington Insurance Co. had a fiduciary duty to homeowners affected by the storm, saying the decision will hinge on the outcome of the contractual issues.

  • April 26, 2017

    Excess Insurer Needn't Pay $5M Of Settlement, 1st Circ. Says

    The First Circuit on Wednesday upheld a lower court's ruling that excess insurer American Insurance Co. doesn't have to cover a $5 million share of a settlement resolving litigation over a maintenance worker's on-the-job death, holding that the language of the settlement agreement did not trigger AIC's obligation to pay.

  • April 26, 2017

    Pharmacies' Price-Fixing Actions Too Similar, Judge Says

    A Pennsylvania federal judge won’t reconsider denying certification to some independent and chain pharmacies accusing Medco and other benefit managers of paying them less than other chains for drug sales, ruling Wednesday they failed to demonstrate their proposed class didn't overlap with another would-be class alleging a similar price-fixing scheme.

  • April 26, 2017

    Insurer Can Trim Vacant Building's Coverage: W.Va. Justices

    West Virginia's highest court on Wednesday ruled that State Auto Property and Casualty Co. can enforce a policy provision reducing the coverage limit for a building destroyed by fire if the structure has been vacant for over 60 days, finding that the provision doesn't conflict with state law.

  • April 26, 2017

    Wilson Elser Adds 2 Litigators To Miami Office

    Wilson Elser has expanded its Miami office with the addition of two litigators from Shapiro Blasi Wasserman & Gora PA and Shendell & Pollock PL that should bolster the firm's health care and insurance practices, the firm announced Tuesday.

  • April 26, 2017

    Government Funding Deal 'Down To Final Details'

    One more potential flashpoint between Congress and the White House over government spending was removed Wednesday, as President Donald Trump’s administration told congressional leaders it would continue subsidy payments under the Affordable Care Act.

  • April 26, 2017

    House Conservatives Back Revamped ACA Repeal

    House Republicans appear to have resuscitated their efforts to repeal the Affordable Care Act, as key conservative lawmakers on Wednesday signed on to a compromise measure that would alter protections for pre-existing conditions.

  • April 26, 2017

    Mass. Court Revives Coverage Battle Over Spoiled Scallops

    A Massachusetts appeals court on Wednesday revived seafood processing company Raw Seafoods Inc.'s bid for insurance coverage of litigation over a spoiled scallop shipment, saying a lower court had erroneously held that RSI couldn't prove the loss resulted from a covered accident.

Expert Analysis

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Defining An Occurrence For Sexual Abuse Cases

    Katharine Thompson

    In Diocese v. Duluth, the Bankruptcy Court for the District Court of Minnesota ruled last month that each instance of sexual abuse counted as a separate trigger of insurance coverage. This decision clashes with a recent decision made by a Pennsylvania court, indicating that courts across the country will continue to grapple with trigger and number of occurrence issues related to sexual abuse, says Katharine Thompson of Gordon Rees ... (continued)

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Calif. Insurance Regulation Defies Trump’s America

    Nathaniel Braun

    As California finds itself at odds with the Trump administration, the state is actively working to cement its regulatory framework over hot-button issues that will have knock-on impacts on the insurance industry. Gov. Jerry Brown will likely seek to strengthen the state's regulatory power, and the California courts have recently decided two major cases in favor of the Department of Insurance, says Nathaniel Braun of Selman Breitman LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline


    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • When Indemnitors And Indemnitees Jointly Cause A Loss

    Jeremy Lawrence

    The California Court of Appeal's recent decision in Oltmans v. Bayside shows how a simple modifying phrase can avoid the uncertainty created by less precise language when both the indemnitor and indemnitee are responsible for a loss, says Jeremy Lawrence of Munger Tolles & Olson LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.