Insurance

  • September 13, 2019

    Bankrupt Philadelphia Refinery Gets $50M Insurance Advance

    The bankrupt owner of a Philadelphia-area refinery told the Delaware bankruptcy court Thursday that a group of insurers are set to make a $50 million advance in business interruption insurance funds in its Chapter 11 following a June blaze that forced the plant’s closure.

  • September 13, 2019

    Fla. Co. Alleges Nonpayment In $1.2M Air Force Subcontract

    A Miami construction company has accused an insurer of refusing to fork over more than a quarter million dollars for work it says it performed under a $1.2 million subcontract for an Air Force communications facility.

  • September 13, 2019

    6th Circ. Serves Steak 'N Shake A Victory In COBRA Suit

    The Sixth Circuit handed Steak 'n Shake a win Friday, reversing a lower court decision and finding the restaurant chain didn't have to notify a worker of her right to continued health coverage after she suffered an on-the-job knee injury.  

  • September 13, 2019

    Tech Co. Gets $500K Over Soured Knights Of Columbus Deal

    A federal jury in Denver found Thursday that the Catholic fraternal organization and insurance company Knights of Columbus breached a national deal with a tech vendor and must pay $500,000.

  • September 13, 2019

    Ex-Cloud Co. Execs Lose Bid For Lifetime Medical Benefits

    A California federal judge axed a suit from a group of former NetApp Inc. executives claiming the cloud services company wrongly cut off their lifetime medical benefits, saying they couldn’t support their case based on Power Point presentations telling them they would get those benefits for their entire lives.

  • September 13, 2019

    AbbVie Investors Ask To Drop Ill. Humira Kickback Suit

    AbbVie Inc. shareholders have asked an Illinois federal court to dismiss their lawsuit claiming the pharmaceutical giant misled them over a stock buyback program and an alleged kickback scheme involving the popular drug Humira.

  • September 13, 2019

    PG&E, Insurers Cut $11B Deal Over Calif. Wildfires

    A group of insurance companies with claims against Pacific Gas and Electric for payouts they made to victims of California's 2017 and 2018 wildfires announced Friday that it has agreed to settle with the bankrupt utility for $11 billion.

  • September 13, 2019

    3rd Circ. Partly Revives Sapa's Faulty Window Coverage Bid

    The Third Circuit on Friday gave aluminum products manufacturer Sapa Extrusions Inc. another shot at pursuing coverage under nine liability insurance policies for its costs to defend and settle litigation over its sale of millions of faulty window components, while affirming that Sapa cannot tap into coverage under 19 other policies.

  • September 13, 2019

    New York Life Puts Up $450M Loan For Blackstone Portfolio

    New York Life Real Estate Investors said Friday it has provided a $450 million mortgage loan to Blackstone Group for the financing of a 47-property industrial portfolio that spans various U.S. markets.

  • September 13, 2019

    Real Estate Rumors: Uber, Icahn, MetLife

    Uber reportedly could take more than 350,000 square feet in Manhattan, Icahn Enterprises is said to be planning to move from New York to Florida next year, and MetLife has reportedly extended Carriage Services' lease for 47,742 square feet at a Houston property.

  • September 13, 2019

    Liberty Mutual Defeats Pharmacy's Painkiller Cream Suit

    A mail-order pharmacy can't sue Liberty Mutual Insurance Co. for its failure to cover topical pain-relief creams as an alternative to more abuse-prone opioid pills because the dispute belongs before the Pennsylvania Bureau of Workers' Compensation, a Pennsylvania federal judge has ruled.

  • September 13, 2019

    Rising Star: Wiley Rein's Karen Toto

    Karen Toto of Wiley Rein LLP has helped defend insurers against a variety of claims and topics ranging from asbestos and pharmaceuticals to municipal bonds, landing her among the insurance law practitioners under age 40 honored by Law360 as Rising Stars.

  • September 13, 2019

    Endo Says Drop Direct Buyers' Cert. Bid In Pay For Delay Row

    Endo Pharmaceuticals has urged an Illinois federal judge to toss a class certification bid by direct buyers of medication in multidistrict litigation who claim they overpaid for the painkiller Opana ER, saying the proposed class is too small to be certified.

  • September 13, 2019

    Denial Of Autism Care Coverage Violates ERISA, Parents Say

    A union medical plan's refusal to cover applied behavioral analysis to treat autism spectrum disorder is at odds with the plan's terms as well as federal benefits law, the parents behind a class action told a Seattle federal judge.

  • September 13, 2019

    8 Clyde & Co. Insurance Partners Leave To Start Own Firm

    A sizable chunk of Clyde & Co.’s San Francisco office has decided to depart in order to launch a new firm, including eight partners whose practices focus on insurance and monitoring in the cyber and professional negligence spaces, the firm confirmed Friday.

  • September 13, 2019

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

    The last week has seen a Russian state-owned bank drag the chairman of a former FIFA World Cup contractor to court, property developers sue Barclays over a swaps dispute and Kuwait's public pension hit its former director with a commercial fraud suit. Here, Law360 looks at those and other new claims in the U.K.

  • September 12, 2019

    11th Circ. Overturns Class Cert. In PIP Reimbursement Row

    The Eleventh Circuit on Thursday reversed an order certifying a class of health care providers and injured drivers in a suit accusing The Progressive Corp. of improperly invoking a cap on personal injury protection policy limits.

  • September 12, 2019

    School District Wants Insurance Claims Kept In State Court

    A Texas school district asked a federal court Wednesday to pause its suit against nine insurers seeking up to $10 million to cover property damage caused by Hurricane Harvey while it determines whether claims against domestic insurers belong in state court.

  • September 12, 2019

    Insurer Can't Seek Product Liability Deal Repayment In Wis.

    Lexington Insurance Co. can’t sue two Taiwanese insurance companies in Wisconsin seeking their reimbursement of a payout in the settlement of a product liability suit against a bicycle company because the court doesn’t have jurisdiction over them, the Seventh Circuit affirmed Thursday.

  • September 12, 2019

    Porn Studio Asks 9th Circ. To Revive HIV Suit Coverage Bid

    The owner of a California pornography studio on Wednesday urged the Ninth Circuit to find that Atain Specialty Insurance Co. is required to fund its defense of lawsuits brought by performers who allegedly contracted HIV on the job, saying a lower court improperly applied a policy exclusion for sexual abuse claims. 

  • September 12, 2019

    One Insurer Settles With NFL In Concussion Coverage Dispute

    The NFL has settled with one insurer in a sprawling lawsuit in New York state court over who will pay for the concussion litigation that led to a landmark 2015 settlement expected to pay out more than $1 billion to retired players.

  • September 12, 2019

    9th Circ. Says ERISA Doesn't Preempt Hawaii Insurance Laws

    The Ninth Circuit has backed a lower court’s ruling that axed an insurer’s demand for about $400,000 from a settlement paid to a motorcycle crash victim, saying Hawaii law restricting how insurers can regain payments from patients doesn't conflict with the Employee Retirement Income Security Act.

  • September 12, 2019

    Rising Star: Susman Godfrey's Glenn Bridgman

    Glenn Bridgman of Susman Godfrey LLP helped secure a $91 million settlement for John Hancock Life Insurance Co. policyholders in their proposed class action alleging the company was jacking up premiums by using the wrong mortality rate calculations, earning him a spot among the insurance law practitioners under age 40 honored by Law360 as Rising Stars.

  • September 12, 2019

    McCarter & English Loses Challenge To Expert's Filing

    A New Jersey state judge has rejected McCarter & English LLP's challenge to a private school's expert affidavit submitted in a legal malpractice action over the firm's representation of the school in an intellectual property case.

  • September 12, 2019

    Consulting Co. Dodges Some Claims In Tower Sinking Suit

    A California federal judge on Wednesday trimmed fraud and negligent misrepresentation claims from a suit alleging a New Jersey-based engineering and environmental consulting company repeatedly failed to disclose that it knew San Francisco's Millennium Tower was sinking.

Expert Analysis

  • 3 Lessons For Calif. Insureds From Late-Notice Rule Decision

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    The California Supreme Court's recent decision in Pitzer College v. Indian Harbor establishes that the notice-prejudice rule may protect California policyholders even if a contractual choice-of-law provision selects less favorable law, but such protection is not guaranteed, especially in the case of third-party policies, say Nathan Anderson and Tyler Gerking of Farella Braun.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • NJ Ruling Does Not Bode Well For 'Stranger' Life Policies

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    Since the height of stranger-originated life insurance policies over a decade ago, states have not provided much guidance on the legality of existing policies. However, the New Jersey Supreme Court's recent decision in Sun Life v. Wells Fargo finding such policies invalid could influence other states to follow suit, say attorneys at Cozen O'Connor.

  • State Net

    Ransomware Poses Tough Choices For State, Local Gov'ts

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    This year, more than 70 state and local governments have been targeted by ransomware attacks. Despite a flood of legislation aimed at the problem, many state and local government information technology leaders still lack the funding and cybersecurity talent they need, says Korey Clark of State Net Capitol Journal.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Limiting Contract Breach Liability For Construction Cos.

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    The Sixth Circuit's recent decision in Maxum v. Robbins serves as a stark reminder to construction companies that a typical liability insurance policy may not cover a breach of contract claim, and that additional steps must be taken to protect against these claims, say Greg Boucher and Joel Hopkins of Saul Ewing.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • 4 NY Cases Forge Post-Cyan Securities Litigation Landscape

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    The first wave of New York state court decisions following the U.S. Supreme Court's Cyan opinion — granting state courts concurrent jurisdiction in Securities Act cases — introduces considerations for applying federal securities law precedents and automatic discovery stays that bear further watching, say attorneys at Paul Hastings.

  • 4 Cybersecurity Cases That Are Shaping Phishing Defense

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    The cybersecurity sector has seen fraud rates skyrocket from phishing attacks, and several industries have found themselves at the center of four new precedents over the past year that can guide legal professionals in helping their clients stay up to date on their cybersecurity liabilities and obligations, says Ranjeet Vidwans of Clearedin.

  • How Changing Corporate Purpose May Affect D&O Insurance

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    A change in corporate focus from shareholder primacy to multiple constituencies, as suggested by the Business Roundtable's recent statement, may lead to reduced severity in shareholder claims, which historically have resulted in the most hazardous directors and officers liability insurance claims, says William Passannante of Anderson Kill.

  • Opinion

    Reaction To Amended Fla. Patient Brokering Act Is Unsound

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    Despite claims to the contrary, recent amendments to Florida’s Patient Brokering Act do not render long-standing arrangements between health care providers and potential referral sources illegal, says Michael Manthei of Holland & Knight.