Insurance

  • June 27, 2017

    ACA Repeal Vote Delayed As Support Ebbs

    Republican leaders on Tuesday canceled plans to vote this week on legislation to dismantle much of the Affordable Care Act, bowing to diminished support after a damaging government report on the bill's impact.

  • June 26, 2017

    Fla. Gov. Picks Close Ally In Choice Of Ex-Rep. As State CFO

    Florida Gov. Rick Scott on Monday announced former state Rep. Jimmy Patronis as his choice to be the state's next chief financial officer, calling the Panama City restaurant owner “my good friend” and touting his experience running a small business.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    7th Circ. Allows $6M Seized Plane Suit In Brazil To Go On

    A Brazilian man can’t end a suit in his native country over a $6 million loan in default just because 1st Source Bank is also suing him over the loan in Indiana federal court, the Seventh Circuit affirmed Monday, saying both suits can proceed simultaneously.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Excess Insurer Says Akorn Suit Doesn't Need To Move To Ga.

    Ironshore Specialty Insurance Co. on Friday asked an Illinois federal court to let its coverage dispute suit over a $20 million judgment against pharmaceutical company Akorn Inc. proceed, calling Akorn’s recent attempts to dismiss or stay the case a meritless procedural ploy.

  • June 26, 2017

    Ponzi Atty's Ex-Associate On Top After Malpractice Appeal

    A former associate of an Indiana attorney who stole millions from clients didn’t breach his ethical duties when he put off one of his boss’ victims as she tried to collect $50,000 in settlement cash, a state appeals court ruled Friday.

  • June 26, 2017

    Insurer Moves Fla. Country Club's Suit To Fed. Court

    Zurich American Insurance Co. on Friday moved to Florida federal court a country club’s lawsuit accusing the insurer of failing to honor two policies it says should cover the club for $2.5 million of defamation claims brought by two people who allege the club slandered them.

  • June 26, 2017

    ACA Repeal Means 22M More Uninsured, CBO Says

    The U.S. Senate’s legislation to dismantle much of the Affordable Care Act would leave an extra 22 million Americans without health insurance over the next decade, the Congressional Budget Office estimated Monday.

  • June 26, 2017

    Insurers Aim To Exit Cummins-Allison IP Theft Row Coverage

    A pair of insurers have filed suit in Pennsylvania state court looking to avoid providing coverage to Cummins-Allison Corp. over claims that it misappropriated trade secrets from a rival as the two parties collaborated to develop new coin-counting technology.

  • June 26, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Matthew Berry

    Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.

  • June 26, 2017

    Justices To Hear Baker's Fight Over Gay Couple's Cake

    The U.S. Supreme Court on Monday said it will decide whether a Christian baker’s refusal to make a cake for a same-sex couple’s wedding violates Colorado’s anti-discrimination law or is protected under the First Amendment.

  • June 23, 2017

    4th Circ. Rules NFL Retirement Plan Wrongly Denied Benefits

    The Fourth Circuit on Friday sided with former NFL linebacker Jesse Solomon, who is seeking higher disability benefits from the league's retirement plan for cognitive impairments resulting from head injuries, finding that the plan ignored evidence of when the player became disabled.

  • June 23, 2017

    Counterclaims In Suit Over Cleanup Settlement Can Stay

    A California federal judge declined to toss two bad-faith counterclaims against Travelers Property Casualty Co. in its suit over a policyholder's settlement of a pipe rupture lawsuit without consulting the insurer, saying Friday both claims have been properly pled.

  • June 23, 2017

    Texas Justices To Hear Hospital's Insurance Discovery Row

    The Texas Supreme Court on Friday decided to hear oral arguments in a dispute between North Cypress Medical Center Operating Co. Ltd. and an uninsured patient in which the hospital is seeking reversal of a trial court's order requiring it to disclose insurance reimbursement rates.

  • June 23, 2017

    Mass. High Court Ruling May Swell Insureds' Litigation Costs

    The Massachusetts high court's ruling Thursday that an insurer's duty to defend doesn't include an obligation to prosecute a client's counterclaims could increase litigation costs for policyholders by forcing them to hire separate attorneys to manage a case's defensive and offensive strategies, attorneys say.

  • June 23, 2017

    8th Circ. Asked To Rethink Overdue Insurance Claim Suit

    A Minnesota-based food wholesaler urged the full Eighth Circuit on Friday to rethink its ruling that it waited too long to file an insurance claim to cover a former salesperson's suit over $250,000 in allegedly unpaid commissions.

  • June 23, 2017

    Anthem Inks Record $115M Deal Over Massive Data Breach

    Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.

  • June 23, 2017

    Dialysis Co. Says United Is Dragging Its Feet On Discovery

    American Renal Associates LLC asked a Florida federal court Thursday to order UnitedHealthcare Inc. to immediately produce documents requested months ago in a suit accusing ARA of improperly profiting by pushing Medicare- and Medicaid-eligible patients to commercial health plans.

Expert Analysis

  • Regulatory Scrutiny In Insurance M&A Transactions Is Rising

    Robert Fettman

    A new era of increased regulatory scrutiny over insurance company mergers and acquisitions transactions appears to be dawning, if recent events are any indication. In this environment, it would behoove potential acquirers to be well versed in current regulatory expectations to securing statutory approval of a deal, says Robert Fettman of Hogan Lovells US LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Policyholders Must Assess Outside Counsel Guidelines

    John Scordo

    Insurers will often attempt to restrict the activities and fees of defense attorneys through the use of outside counsel guidelines. Such guidelines are not unilaterally binding and, if improperly applied, can raise the possibility of ethical violations if attorneys adhere to the restrictions in the guidelines against their better professional judgment, says John Scordo of K&L Gates LLP.

  • Why Actuarial Equivalence Matters For Medicare Advantage

    Ursula Taylor

    The requirement of actuarial equivalence presents interesting implications for Medicare Advantage organizations, the Centers for Medicare and Medicaid Services and other stakeholders keen on ensuring the fairness and equity of the Medicare Advantage payment process, given the propensity for error in identifying and reporting diagnosis coding, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why The Corrosion Exclusion Remains Strong: Part 2

    Philip Silverberg

    The Second Circuit's decision in Lantheus v. Zurich last year represents a strong rebuke of the narrow definition of "corrosion" advanced by some in the insurance industry. Also reinforced is the principle that anti-concurrent causation language means exactly what it says, say attorneys with Mound Cotton Wollan & Greengrass LLP in the final part of this article.

  • Calif. Does Not Bar Defense Coverage For 'Willful Acts'

    Darren Teshima

    Although California Insurance Code Section 533 prohibits insurers from indemnifying policyholders for their intentional misconduct, insureds should carefully review applicable policies to see if policy language creates at least a reasonable expectation for defense coverage, say Darren Teshima and Harry Moren of Orrick Herrington & Sutcliffe LLP.

  • Why The Corrosion Exclusion Remains Strong: Part 1

    Philip Silverberg

    Policyholders and their counsel often see a coverage declination under a corrosion exclusion as an invitation to argue that some other cause was responsible for a loss even when corrosion plays a central role. However, many courts have rejected such attempts to read a corrosion exclusion out of its policy, say attorneys with Mound Cotton Wollan & Greengrass LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.