• February 27, 2017

    9th Circ. Asks Oregon High Court For Its Take On State Law

    The Ninth Circuit has asked the Oregon Supreme Court to determine whether a state financial abuse statute applies to insurers, saying the response will decide an appeal by elderly Oregonians who claim Bankers Life and Casualty Co. used delay tactics to bilk them out of coverage.

  • February 27, 2017

    Surgery Centers Lose DQ Bid After ‘Being Cute’ With Judge

    A California federal judge emphatically rejected surgery centers' second attempt to disqualify a judge overseeing their sprawling litigation alleging UnitedHealth and others owe the clinics for weight-loss surgeries, abruptly ending a hearing Monday after excoriating the centers' attorney for “being cute” and not answering questions.

  • February 27, 2017

    Contract Holders Oppose Eastern Outfitter's Sale Timeline

    Leaseholders and insurance providers of bankrupt sporting goods retailer Eastern Outfitters LLC objected Monday in Delaware to the company’s proposed contract assumption procedures, which they say will not give them enough time to assess the new contract holders after a planned sale.

  • February 27, 2017

    Patriarch Slams Axis' Bid To Avoid Coverage In Tilton Probe

    Lynn Tilton’s Patriarch Partners LLP hit back Friday against claims that it already knew it was the subject of a $20 million U.S. Securities and Exchange Commission probe for fund fraud when it took out $5 million in excess coverage from Axis Insurance Co.

  • February 27, 2017

    Lexington Not Tied By Other Co.’s Forum Clause, Court Told

    An insurance company saddled with more than $1 million in defense costs from a terrible bike accident fired back Friday at another insurer’s claim that its agreement with a parts-maker for the defective bike precludes it from answering claims in Wisconsin federal court.

  • February 27, 2017

    Tesser, McCarter Firms Accused Of Mishandling Contract Row

    A Tesser & Cohen partner formerly with McCarter & English LLP has been slapped with a legal malpractice lawsuit in New Jersey, along with those firms, by an insurance agency alleging that the lawyer bungled contract litigation on the company’s behalf, ultimately requiring the business to pay a $400,000 settlement.

  • February 27, 2017

    Texas Justices Set To Tackle Policyholder Damages Quandary

    The Texas Supreme Court will hear arguments on Tuesday in a construction defect insurance coverage dispute that will test the scope of the state high court's landmark ruling requiring that a policyholder's damages result from an adversarial trial in which both parties fully participate. Here, Law360 delves into the history of the case in advance of the hearing.

  • February 27, 2017

    Insurer Off Hook For Coverage In Indiana Murder-Suicide

    An Indiana federal judge on Friday let an insurer off the hook in defending a case brought by the son of the victim in a murder-suicide, ruling that exclusions for intentional harm and criminal acts bar coverage from the homeowner insurance policy.

  • February 27, 2017

    Law360 Insurance Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Insurance editorial advisory board.

  • February 27, 2017

    EPA Extends Comment Period For Hardrock Mining Rule

    The U.S. Environmental Protection Agency on Friday granted Republican congressmen’s request to extend the public comment period for a new rule that would require hardrock mining facility operators and owners to prove they can pay for cleanup and reclamation efforts associated with their businesses.

  • February 27, 2017

    Charity Sues Broker Over Golf Hole Exclusion

    An insurance broker left a charity golf tournament organizer on the hook for $200,000 in prize money after failing to inform the nonprofit of a limitation in its insurance policy, according to a suit launched in West Virginia federal court Friday.

  • February 27, 2017

    No Duty To Defend In Terror Attack Suit, Says Magistrate

    A federal magistrate judge on Friday recommended that Orion Project Services LLC’s bid for a quick win on claims that Ace American Insurance Co. had a duty to defend it in a suit brought by a worker slain in a terror attack at a BP plant in Algeria should be denied, saying the underlying suit said the worker provided services to BP, not Orion.

  • February 27, 2017

    NuWave Loses Dismissal Bid In Fraud Claim Coverage Suit

    A dispute between NuWave and its insurer over coverage of a suit accusing the cooking products maker of deceptive advertising will move forward after an Illinois federal judge on Friday concluded the underlying action needn’t be resolved in order to answer the coverage question.

  • February 24, 2017

    Will Congress Subject Itself To ACA Replacement?

    As Republicans maneuver to repeal and replace the Affordable Care Act, experts are looking for answers to a little-explored question: Will Congress still require its members to use the same insurance that it designs for the American people?

  • February 24, 2017

    Hospital Declares Bankruptcy After $51M Aetna Loss

    Texas hospital Humble Surgical Hospital LLC, which was slapped in December with a $51.4 million judgment related to allegations it scammed Aetna Life Insurance Co. out of millions by enticing patients to use out-of-network services and paying kickbacks to doctors, filed notice Friday that it has declared bankruptcy.

  • February 24, 2017

    Judge's Anthem-Cigna Analysis Unfair, Economists Say

    A D.C. federal judge unfairly held Anthem and Cigna to higher standards than the U.S. Department of Justice when assessing potential benefits and costs of a proposed merger, economists and scholars told the D.C. Circuit on Friday.

  • February 24, 2017

    Ceva Sues Chinese Airline For $2M Over Lost Cargo

    China Airlines' cargo division is facing two lawsuits filed last week alleging it was negligent in shipping $2 million worth of biotech materials that were damaged during their trip from Chicago to Shanghai in February 2015.

  • February 24, 2017

    Okla. Ex-Lawmaker Must Pay $4.3M For Defaming CEO

    An Oklahoma jury on Wednesday ordered a former state legislator to pay $4.3 million for defaming an insurance company and its CEO after the executive was forced off the firm’s board of directors in 2013.

  • February 24, 2017

    Nationwide Can't Ax $8M Bad Faith Award, 11th Circ. Told

    The husband of a woman killed in a car crash caused by a Nationwide policyholder urged the Eleventh Circuit on Friday to affirm an $8 million jury award against the insurance company based on its failure to settle claims over the crash, arguing that the insurer's negligence was sufficient to support the award.

  • February 24, 2017

    Texas Atty Gets 6 Months In Reinsurance Fraud Case

    A Texas attorney accused of defrauding insurance plan managers through a Ponzi-like scheme involving the purported sale of reinsurance has been slapped with six months in prison and a $1.2 million fine after admitting to a single charge that he hindered investigators examining the alleged scam.

Expert Analysis

  • ERM And The Role Of Counsel In Cross-Border Investments

    Robert Ginsburg

    With the increased popularity of enterprise risk management in multinational companies, executives are asking employees to redefine their roles. Robert Ginsburg, founder of RBG Global, explores how some of the most insidious cross-border risks fall through the cracks and decimate investments — and how lawyers and ERM can catch them before they manifest as losses.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • How CMS' Notice Affects Medicare Advantage Organizations

    Jon Biasetti

    The Centers for Medicare and Medicaid Services recently advised that quota share reinsurance arrangements are not a statutorily permitted form of reinsurance for Medicare Advantage organizations with respect to Medicare Part C business. This will limit the ability of MAOs to obtain capital relief or share risk with joint venture partners, say John Biasetti and Ben Sykes of Locke Lord LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Here Come The Drones — And The Legal Headaches

    Nathan Bohlander

    Unmanned aerial vehicles are being adapted for a myriad of commercial purposes, by a range of industries including entertainment, energy, farming, real estate, telecommunications, shipping and construction. But as drone usage proliferates, manufacturers and distributors must be cognizant of product liability risks, safety standards, technological developments, and changing insurance coverage requirements, says Nathan Bohlander of M... (continued)

  • Tax Implications Of The Affordable Care Act Repeal

    Michael White

    Because the Affordable Care Act was upheld by the U.S. Supreme Court as a tax law, its repeal would entail a $1.1 trillion tax revenue loss over 10 years. Based on the direction that the Republicans take in crafting their replacement bill and what portions of the ACA will be repealed, individuals and corporations could be looking at drastic tax changes, say Michael White and Eddie Geraghty of M. White & Associates LLC.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Consensus Returns On Corporate Insurance Transfers In M&A

    Michael H. Ginsberg

    The California Supreme Court recently reversed its 2003 decision in Henkel v. Hartford, where it previously held that a no-assignment clause will bar the transfer of insurance coverage rights to a successor entity. The clear majority trend among courts across the country is to uphold the ability of parties to transfer coverage in corporate transactions and prevent the forfeiture of historical insurance assets, say Michael Ginsberg ... (continued)

  • A Reprieve From The Deluge Of Hail Litigation In Texas

    James W. Holbrook

    The Texas Fourth Court of Appeals' ruling in Garcia v. State Farm is a definitive answer to one question commonly presented in hail disputes, holding that an insurer's payment of an appraisal award generally insulates the insurer from liability. This raises some ethical concerns, as hail lawyers continue to sign up insureds on a 40 percent contingency fee basis while knowing that their clients' disputes will likely be resolved by s... (continued)