Insurance

  • April 23, 2018

    US Fights Swiss Co.'s $38.2M Tax Appeal, Drops Its Own

    The U.S. government agreed not to pursue an appeal of issues it lost in a Swiss insurer’s lawsuit over tax treaty benefits, while telling the D.C. Circuit on Monday that the insurer’s arguments for a $38.2 million tax refund were unpersuasive.

  • April 23, 2018

    Bowles Rice, Title Insurer Spar Over $41M Settlement Payment

    Bowles Rice LLP told a federal court on Friday that First American Title Insurance Co. can't prove the timeline at the heart of its argument that the law firm, which helped it during underwriting, owes money for the $41 million settlement of a title policy claim linked to a coal plant project. 

  • April 23, 2018

    Borrowers Defend Claims In Wells Fargo Auto Insurance MDL

    Borrowers accusing Wells Fargo and National General Insurance of adding unneeded auto insurance to car loan bills have told a California federal court that dismissal bids from the pair in the multidistrict litigation “border on frivolous” in the wake of last week’s $1 billion fine for the bank.

  • April 23, 2018

    United Healthcare Fights Fees Over Coverage Row Venue

    United Healthcare Insurance Co. on Friday said it shouldn’t have to pay fees over confusion about the proper venue for a coverage dispute brought by a pair of California public school teachers, defending its initial belief that the teachers were suing under an employee benefit plan governed by ERISA.

  • April 23, 2018

    Trump Admin. Bombarded For Backing Skimpy Health Plans

    The Trump administration is getting blitzed with warnings that its proposal to allow lengthier sales of bare-bones health insurance policies could harm patients and drive up premiums in Affordable Care Act marketplaces, newly released letters show.

  • April 23, 2018

    Cushman Beats Insurers' Bid To Bar Appraisal Suit Coverage

    Cushman & Wakefield Inc.'s insurers cannot lean on a pair of policy exclusions to deny coverage for multiple lawsuits against the company over pre-2008 real estate appraisals, a New York federal judge held Friday, while also finding that all the underlying actions are related and fall under the same policy period.

  • April 23, 2018

    Pediatrix Accuses Aetna Of Pressure To Lower Claims

    National pediatric services provider Pediatrix Medical Services Inc. on Friday sued Aetna Inc. in Texas state court and Florida federal court, alleging that the insurer has engaged in a systematic scheme to pressure and manipulate medical providers to reduce claims payments.

  • April 23, 2018

    Allergan To Pay $500K To End Calif. Faulty Lap-Band Claims

    Allergan has agreed to pay $500,000 to end allegations that the drugmaker sold defective surgically implanted stomach bands and that it incentivized doctors to continue to use and subsequently bill private California insurers for the faulty product, the state’s insurance commissioner said Monday.

  • April 20, 2018

    Cephalon's $125M Antitrust Deal Is Valid, Atty Power Unknown

    A contract outlining terms of Cephalon Inc.’s $125 million settlement, which resolved allegations it paid competitors to delay generic versions of its Provigil drug, is binding and enforceable, a Pennsylvania federal judge said Friday, but left undetermined if an insurer-claimant’s attorneys were authorized to approve the deal.

  • April 20, 2018

    Fla. Can Shield Insurance Program From Public Records Law

    A Florida appeals court sided with the state's financial services agency Friday in a dispute with two law firms, ruling that a public records exemption protecting certain personal information held by the agency for participants in two real estate insurance programs is constitutional.

  • April 20, 2018

    11th Circ. Affirms Sewage Not Pollution In Insurance Row

    The Eleventh Circuit upheld an Alabama federal court's ruling that a pollution exclusion in an insurance policy doesn’t apply to property damage and injuries from a sewage leak, saying Friday the lower court rightly drew comparisons to a past case that reached the same conclusion.

  • April 20, 2018

    Ex-Worker's Age Claim Not Nixed By ERISA, Fla. Judge Says

    A Florida federal judge on Friday kept alive a former Nexagen Networks Inc. employee’s suit accusing the company of firing him to dodge health care costs and replacing him with a younger worker, saying his state-law age discrimination claim isn’t preempted by the Employee Retirement Income Security Act.

  • April 20, 2018

    6 Firms To Guide Tech-Heavy IPO Lineup Set To Exceed $1.3B

    Six firms are set to guide companies on initial public offerings estimated to surpass $1.3 billion during the week of April 23, steering a technology-dominated lineup led by a projected $542 million offering from electronic signature company DocuSign Inc.

  • April 20, 2018

    4 Tips For Companies To Shield Against Phishing Scams

    A recent report by specialty insurer Beazley detailing the prevalence of email-based "phishing" theft schemes illustrates the need for companies to build up robust defenses including employee education, preventative policies and insurance tailored to such risks, experts say. Here, Law360 offers four tips for companies to shield against phishing attacks.

  • April 20, 2018

    NHL Teams, Insurers Renew Bid To Nix Head Injury Suit

    The New Jersey Devils and St. Louis Blues hockey teams and their insurance companies renewed their calls for a Minnesota federal court to dismiss concussion claims from former NHL “enforcer” Michael Peluso on Thursday, two months after both sides asked to put the case on hold.

  • April 20, 2018

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

    The last week has seen a contract dispute erupt between Russia's Sberbank and a fellow state-controlled bank in Azerbaijan, Greece's Alpha Bank sue more than a dozen Lloyd's syndicates, and underwriters and Lit Securities take on Morgan Stanley.

  • April 20, 2018

    Insurers' $132.5M Clawback Denial Upheld In Calif. Rail Crash

    Lloyd's of London and other insurers can’t claw back $132.5 million they spent settling claims after the deadly Chatsworth train accident, a California state appeals court has ruled, affirming a lower court’s decision that found an exclusion didn’t apply because the crash wasn’t a strictly “intentional act.”

  • April 20, 2018

    FDIC Fights Citibank, Others' Exit From $695M RMBS Suit

    The Federal Deposit Insurance Corp. has urged a New York federal judge not to drop its suit alleging Citibank, U.S. Bank and Bank of New York Mellon mishandled residential mortgage-backed securities and cost a Texas bank $695 million, saying Citibank’s refusal to sign off on the claims out of its own self-interest shouldn’t prevent them from moving forward.

  • April 20, 2018

    Insurer Sues To Deny Surgical Tools Co. Coverage In IP Suit

    Sentinel Insurance Co. sued surgical tools company Novo Surgical Inc. in Illinois federal court Thursday, claiming it has no duty to defend Novo in an underlying suit in which a competitor accused it of infringing sales information.

  • April 20, 2018

    Morris Manning & Martin Launches Gov't Contracts Practice

    Morris Manning & Martin LLP has launched a Washington, D.C.-based government contracts practice group led by a former partner at Cohen Mohr LLP and bolstered its D.C. office with another 10 attorneys working in five different practice areas, the firm announced this week.

Expert Analysis

  • New TCJA Reporting Rules For Life Settlement Transactions

    Brian Casey

    Investors who acquire in-force life insurance policies in the secondary trading market and life insurers paying death benefits for secondary life insurance market policies must understand the Tax Cuts and Jobs Act's new Internal Revenue Service informational reporting requirements, say attorneys with Locke Lord LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • The Risks Of Attorney Communication With Appraisers

    Brian Devilling

    Attorneys should not attempt to influence a property insurance appraiser's estimate of damages, selection of an umpire or any other substantive issue. While this may run contrary to an attorney's duty of zealous advocacy, it is necessary to avoid subsequent litigation and a potential order vacating an award, says Brian Devilling of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.