Insurance

  • May 18, 2018

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

    The last week has seen two individuals bring a personal injury claim against two insurers and a yacht company after a fatal boating accident in 2014, a cryptocurrency exchange sue another exchange over IP rights, and the export arm of Philip Morris sue British lender NatWest. Here, Law360 looks at those and other new claims in the U.K.

  • May 18, 2018

    Axis Win In $2M Truck Crash Coverage Row Upheld In 5th Circ.

    The Fifth Circuit on Friday found Hartford Insurance Co. owes $2 million in coverage for a Louisiana truck accident, rejecting its argument that the wording of the policy limits the kind of vehicles covered.

  • May 18, 2018

    Skeloses Get Docs That Could Undermine Developer Witness

    A federal judge ordered a Manhattan developer's general counsel to hand over documents on Thursday that she said could “undermine” testimony expected at the upcoming corruption retrial of New York State Senate Majority Leader Dean Skelos and his son Adam.

  • May 18, 2018

    Fla. Health Center Owners To Serve Time, Pay $4M For Fraud

    The former owners of a substance abuse treatment center in Florida were sentenced to prison and ordered to pay $4 million for a scheme that defrauded health care programs through false claims and kickbacks, the U.S. Department of Labor’s Employee Benefits Security Administration announced Thursday.

  • May 18, 2018

    Judge Limits Order Barring $200M Pa. Malpractice Fund Grab

    A Pennsylvania federal judge clarified Friday that he had not intended to scrap the state’s entire fiscal code as part of his decision barring state Gov. Tom Wolf from tapping $200 million from a publicly created medical malpractice insurer's reserves to close a budget hole.

  • May 18, 2018

    Tenn. Justices OK Toss Of $146M Mall Flood Coverage Award

    Tennessee's highest court denied an appeal by the owner of a Nashville mall claiming insurers owe it $146 million in flood damage coverage.

  • May 18, 2018

    5 Controversial Rules In The ALI's Insurance Law Project

    The American Law Institute is poised to vote Tuesday on a final draft of guidelines designed to help courts navigate liability insurance cases, including hotly contested provisions establishing when insurers can be held liable for malpractice by attorneys they pick to represent policyholders and when carriers can recoup defense costs paid on policyholders' behalf. Here, Law360 looks at five of the most controversial sections in the final version of the ALI's Restatement of the Law on Liability Insurance.

  • May 18, 2018

    Triton, KKR Sell Finnish Private Health Care Biz To CVC

    Funds advised by private equity giant KKR & Co. LP and investment firm Triton Investment Management Ltd. agreed to sell Finnish private health care and social services company Mehiläinen to CVC Capital Partners and a group of minority shareholders in Mehiläinen, the firms said Friday.

  • May 17, 2018

    10th Circ. Caps Ski Resort Project Insurer's Liability At $5M

    The Tenth Circuit ruled Thursday that National Union Fire Insurance Co. of Pittsburgh's liability for defects on Intrawest's dozens of ski resort condo construction projects was limited to $5 million total, leaving excess insurer Federal on the hook for the $8 million-plus it shelled out on Intrawest's behalf in two suits.

  • May 17, 2018

    NYC Atty Threatening To Call ICE Faces Complaint From Pols

    The man who was filmed screaming at employees of a New York City restaurant for speaking Spanish, then later identified as a complex commercial and insurance coverage attorney, is facing a formal complaint filed in the state court system’s Departmental Disciplinary Committee.

  • May 17, 2018

    Training, Insurance Best Cybersecurity Tools, Panelists Say

    The biggest cybersecurity threat facing law firms and their clients is employees who innocently click on a virus and fail to safeguard their passwords, making training and good insurance key necessities in the digital age, according to panelists who spoke at the New Jersey State Bar Association convention Thursday.

  • May 17, 2018

    Cozen Adds Lewis Brisbois Partner To Insurance Practice

    Cozen O’Connor on Thursday announced that a former Lewis Brisbois Bisgaard & Smith LLP partner has joined its global insurance practice, bringing 15 years of experience as a litigator and mediator to the firm.

  • May 17, 2018

    Aetna Seeks To Dodge Sleep Apnea Reimbursements Suit

    Aetna urged a Pennsylvania federal court Wednesday to toss certain claims from a Florida sleep center’s proposed class action alleging the insurer was not paying enough for out-of-network claims, arguing that some of the allegations are unsupported and redundant.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Kennedys Hires Skarzynski Partner With Sedgwick Ties

    Kennedys CMK has hired an insurance partner from Skarzynski Black, the latest of many former Sedgwick LLP partners who have ended up at the insurance boutique during or after Sedgwick's decline and shutdown, the firm announced Thursday.

  • May 17, 2018

    Cigna Gets Podiatry Group's ERISA Suit Booted From Court

    Cigna Health and Life Insurance Co. doesn't have to face an Employee Retirement Income Security Act suit from a New Jersey podiatry group alleging that the insurer shortchanged it on medical claims, after a New Jersey federal judge ruled on Wednesday that the medical provider didn't plead enough specifics to support its case.

  • May 16, 2018

    Relativity Secures Contested D&O Policies In Ch. 11

    Relativity Media received a New York bankruptcy judge's permission Wednesday to buy $3 million worth of insurance policies to protect current and former directors and officers, possibly including lawsuit-facing founder Ryan Kavanaugh, despite the objection of longtime adversary Netflix that the policies are expensive and possibly of little value to the estate. 

  • May 16, 2018

    Insurers Can't Evade New Claims In Dairy's Manure Suit

    A Washington federal judge dismissed a claim Wednesday in a dairy operation’s suit against four insurers regarding underlying manure-contamination claims, saying the insurers were not required to inform the dairy operation about the possibility of mediation, but rejected two other theories.

  • May 16, 2018

    Liberty, Travelers Off Hook For Costs In Ala. Enviro Cleanup

    A California federal judge on Tuesday ruled that Liberty Mutual and Travelers don’t have to cover environmental cleanup costs for an electronics company that struck a deal with an Alabama regulator, finding the policies only obligated the insurers to pay costs racked up as damages from a lawsuit.

  • May 16, 2018

    Mortgage Scam Suit Coverage Barred, Hartford Tells 9th Circ.

    Hartford Casualty Insurance Co. asked the Ninth Circuit on Tuesday to uphold a ruling that it does not have to defend or indemnify a California company for claims that it charged illegal mortgage modification fees, saying the uncovered claims against it cannot be separated from the potentially covered ones.

Expert Analysis

  • HUD Stance On Insurers’ Disparate Impact Liability May Shift

    Robert Helfand

    On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • Opinion

    ALI Restatement Should Not Reflect Aspirational Proposals

    Laura Foggan

    When the American Law Institute meets next week to consider whether to approve its Restatement of the Law on Liability Insurance, it should take note of provisions such as Section 12(1), which would embroil the ALI in policy questions that are far afield from its mission in publishing restatements of the law, says Laura Foggan of Crowell & Moring LLP.

  • Back To The Future: The Insurance Industry And Tax Reform

    Kristan Rizzolo

    During the past century, Congress has overhauled insurance-specific provisions of the Internal Revenue Code, flipping the tax treatment of key provisions several times. By passing the TCJA, Congress has made significant changes once again, say Kristan Rizzolo and Susan Seabrook of Eversheds Sutherland LLP.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

    Jonathan Viner

    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How To Deal With Insurers’ Litigation Management Guidelines

    Daniel Wolf

    Courts around the country have found insurers' litigation management guidelines to be improper and unenforceable when they impair defense counsel's ability to defend a claim. Policyholders receiving such guidelines should respond promptly to their insurers and proceed to litigation if necessary, says Daniel Wolf of Gilbert LLP.