Insurance

  • October 23, 2020

    DaVita Inks $50M Deal To End Private Insurance Push Suit

    DaVita Inc. shareholders asked a Delaware federal judge Friday to approve a $50 million deal with the kidney dialysis company's executives that would end a derivative action accusing DaVita of facilitating an illicit scheme to push dialysis patients out of government-backed health insurance.

  • October 23, 2020

    Contech, Former Exec Charged With Bid-Rigging In NC

    The U.S. Department of Justice announced Friday that a federal grand jury in North Carolina indicted Contech Engineered Solutions LLC and a former executive on charges related to bid-rigging.

  • October 23, 2020

    Calif. Judge Won't Let Insurer Revoke Atty's Policy For Now

    A California federal judge has refused to give an insurance company a quick win over an attorney who sought coverage of an underlying legal malpractice suit filed by a displeased former client.

  • October 23, 2020

    Del. Justices Sink Solera's Bid For Appraisal Action Coverage

    The Delaware Supreme Court on Friday ruled that Solera Holdings Inc. cannot pursue coverage from several excess insurers for tens of millions in costs it incurred in a stockholder appraisal action challenging its buyout by Vista Equity Partners, reversing a lower court and finding that the action does not qualify as a covered "securities claim."

  • October 23, 2020

    AIG Drops $400M Refund Claim In Tax Shelter Dispute, US Says

    Insurance giant American International Group has agreed to settle a long-running tax shelter dispute with the IRS by dropping its claim to over $400 million in tax refunds from 1997 and paying a 10% penalty, the U.S. announced Friday.

  • October 23, 2020

    Neb. Justices Say Allstate Isn't Liable For Meth Lab Cleanup

    The Nebraska Supreme Court Friday freed Allstate Indemnity Co. from having to pay cleanup costs for a property after tenants used it for methamphetamine production, finding that the policy bars coverage for toxic chemicals or contaminants.

  • October 23, 2020

    Judge Won't DQ Furman Kornfeld Over Atty 'Switching Sides'

    A New York federal judge allowed Furman Kornfeld & Brennan LLP to stay on as counsel in an insurance coverage dispute, saying the firm did its job of putting up a firewall around a new hire who formerly provided legal counsel to the opposing party.

  • October 23, 2020

    Insurer Denies Liability For $2.6M Award Over Mud-Run Injury

    A New Jersey-based insurer has sued a policyholder in Colorado federal court seeking a judgment that it is not liable for a $2.6 million arbitration award for a participant's injuries in a "mud run" event, saying an exclusion precludes coverage.

  • October 23, 2020

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

    The past week in London has seen electronics giant Philips take on another Chinese rival over patents, automaker Daimler AG face another group action, and a Canadian pension fund and dozens of others sue troubled security firm G4S. Here, Law360 looks at those and other new claims in the U.K.

  • October 23, 2020

    Calif. Co. Can't 'Wriggle Out' Of Exclusion In COVID-19 Suit

    A California federal judge threw out a bid from a Palo Alto "startup incubator" to secure business loss coverage stemming from the COVID-19 pandemic, criticizing the company's attempt to "wriggle out" of a virus exclusion that bars coverage.

  • October 23, 2020

    State Farm Dodges COVID-19 'Overpaid' Premium Suit

    A Missouri federal judge tossed a florist's suit alleging State Farm Fire and Casualty Co. failed to cut its insurance premiums after it suspended business during COVID-19, finding the store is challenging the carrier's insurance rates and should bring its complaint to the state's insurance regulator first.

  • October 22, 2020

    'Ambiguous' Exclusion Bars Burst-Pipe Coverage, Judge Says

    A New Mexico federal judge freed Travelers Insurance Co. from having to cover a policyholder's building damage from a broken water pipe, ruling Thursday that an ambiguous policy exclusion applied because the policyholder never questioned it.

  • October 22, 2020

    Blue Shield Can't Revive $12M Patient Shifting Payment Suit

    A California appeals court has upheld Blue Shield of California's loss in its suit accusing a managed care organization of avoiding to pay for its most expensive patients by shifting them over to Blue Shield's private coverage, costing the private insurer nearly $12 million.

  • October 22, 2020

    FedEx Wins Coverage Of Self-Service Credit Card Leak Suits

    A California federal judge has ruled that a CNA Financial Corp. unit must cover FedEx's costs to defend against a trio of proposed class actions alleging the company's self-service kiosks printed too many digits from customers' credit cards on sales receipts, saying the claims fall within the scope of FedEx's professional services coverage.

  • October 22, 2020

    Coronavirus Litigation: The Week In Review

    The nation's top court has upheld Pennsylvania's three-day mail-in ballot extension, a group of North Carolina restaurants are the first to win "physical loss" insurance coverage in court in light of state-mandated COVID-19 shutdowns, and CVS wants out of a suit challenging its claims to the effectiveness of its hand sanitizer.

  • October 22, 2020

    Insurer Says Judge Erred In Sending Virus Suit To State Court

    Allstate Insurance Co. fired back at a Texas federal judge's order to send a dentist's COVID-19 coverage suit back to state court, saying it was wrong for the policyholder to add the claim adjuster to the suit to defeat federal jurisdiction.

  • October 22, 2020

    Trans Librarian's Attys Get $167K After $70K Benefits Deal

    The lawyers for an Alaska legislative librarian who sued over the state's refusal to cover her gender transition-related surgery are walking away with an attorney fees award of more than double the total settlement, according to paperwork filed in Alaska federal court.

  • October 22, 2020

    Ala. Optometrist Loses Bid For COVID-19 Coverage

    Continental Casualty Co. does not have to pay an optometrist office's losses due to the COVID-19 shutdown, an Alabama federal judge has ruled, finding that the policyholder did not allege any covered tangible alteration to its property.

  • October 22, 2020

    Doc's Guilty Plea Bars Insurance Coverage, 9th Circ. Says

    The Ninth Circuit has found that a doctor cannot get coverage for a wrongful death suit after admitting to a willful violation of the law, saying his guilty plea in a related criminal case triggers an exclusion in his policy.

  • October 22, 2020

    Judiciary Panel Sends Barrett Nomination To Full Senate

    Republicans on the Senate Judiciary Committee voted Thursday to advance U.S. Supreme Court nominee Amy Coney Barrett to the Senate floor despite a Democratic boycott, setting the stage for a final confirmation vote as soon as Monday.

  • October 21, 2020

    Insurer Says Regulator Schemed Partner Into Conservatorship

    Applied Underwriters Inc. and its affiliate have sued California Insurance Commissioner Ricardo Lara, alleging that the commissioner and his colleagues abused their authority and engaged in a "years-long scheme" to put its business partner California Insurance Co. into conservatorship and out of business.

  • October 21, 2020

    Oil Co. Can Pursue Atty Fees From Insurer, Wyo. Justices Told

    A Sinclair Oil Corp. unit on Wednesday urged the Wyoming Supreme Court to hold that the state's law applies to its property policy with Infrassure Ltd. and other insurers, which would permit the company to pursue attorney fees from Infrassure in a dispute over coverage for a 2014 petroleum refinery fire.

  • October 21, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Staffers in New Jersey Gov. Phil Murphy's office became the latest high-profile government workers to test positive for COVID-19 over the past week, just as the Garden State, New York and Connecticut added states to their joint pandemic travel advisory list.

  • October 21, 2020

    NC Restaurants 1st To Get COVID-19 'Physical Loss' Coverage

    A North Carolina judge has ruled that The Cincinnati Insurance Co. owes a group of restaurants coverage for their losses stemming from state-mandated COVID-19 shutdowns, a move that the group's attorneys say is the first decision to hold that shutdown orders to contain the virus caused a "physical loss."

  • October 21, 2020

    Law Firm Freed From $100M Suit Alleging It Swindled Mogul

    A Texas state judge has freed Greer Herz & Adams LLP from a $100 million lawsuit claiming the firm tricked an ailing Texas business mogul into giving up power over his empire.

Expert Analysis

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • The Fate Of The ACA And What's Next For Health Care

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    The U.S. Supreme Court's decision in Texas v. U.S. could render the Affordable Care Act unconstitutional in whole or in part, which, combined with the upcoming election, could drive a wide range of impacts on health care policy, businesses and patients, say Michael King and Emily Felder at Brownstein Hyatt.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Mitigating Pandemic-Prompted Construction Defect Risk

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    The residential construction surge resulting from the pandemic may lead to an increase in construction defect claims, but developers can make use of certain contract clauses, risk-transfer mechanisms and state statutes of limitations to minimize liability, say James Prichard and Megan Picataggio at Ball Janik.

  • Opinion

    Disability Claim Ruling Correctly Discredits ERISA Remand

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    A California federal court’s recent decision awarding the plaintiff’s disability claim in Tam v. Unum highlights why the extrastatutory and likely unconstitutional practice of remanding Employee Retirement Income Security Act benefit cases to insurance companies must end, says Mark DeBofsky at DeBofsky Sherman.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • IRS Real Estate Push Should Wake Up Foreign Investors

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    Two recently announced Internal Revenue Service audit campaigns targeting nonresident alien investment in U.S. real estate should prompt foreign investors to prepare for greater scrutiny as the agency works to improve tax compliance around such transactions, say attorneys at Holland & Knight.

  • High Court Faces Preemption Dilemma In Drug Benefits Case

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    The recent U.S. Supreme Court oral argument in Rutledge v. Pharmaceutical Care Management Association highlighted important questions raised by the case concerning federal preemption of state laws on health plans and pharmaceutial benefits — but the court's past application of such preemption has been hard to reconcile, says Andrew Struve at Hooper Lundy.

  • Takeaways From Calif.'s New Health Insurance Rules

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    A recently signed law fundamentally alters California's regulation of mental health and substance use disorder treatment and will likely lead to increased litigation and regulatory action based on new insurance coverage requirements, say attorneys at Manatt.

  • Insurer-Friendly COVID-19 Case Law Is No Silver Bullet

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    Three recent decisions confirm that individual or consolidated lawsuits regarding insurance coverage for business interruption caused by the pandemic will turn on their own unique circumstances, meaning that insurer-friendly decisions will not preclude coverage broadly, say Jason Rubinstein and Mark Packman at Gilbert.

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