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Insurance

  • May 22, 2019

    Insurer Can't Revive Defective-Lamp Suit Against Amazon

    The Fourth Circuit on Wednesday found Amazon isn't liable for selling a lamp that allegedly started a house fire, saying the online marketplace never owned the lamp and therefore can't be sued by Erie Insurance Co. under Maryland product liability law.

  • May 22, 2019

    AIG Unit's Failure To Defend Yahoo Was Bad Faith, Jury Says

    A California federal jury found Wednesday that an AIG subsidiary acted in bad faith when it failed to cover Yahoo Inc.’s costs to defend a consolidated class action accusing it of unlawfully scanning customers' emails.

  • May 22, 2019

    Dems Warn Of Judicial Overreach As ACA Arguments Loom

    A district court's invalidation of the entire Affordable Care Act was an egregious misuse of judicial power, Democratic lawmakers and state attorneys general told the Fifth Circuit on Wednesday, setting the stage for oral arguments on the ACA's fate.

  • May 22, 2019

    6th Circ. Affirms IRS Insurance Tax Shelter Reporting Rules

    A Sixth Circuit panel affirmed a court order Wednesday dismissing a challenge to Internal Revenue Service guidance that branded some small, in-house insurance companies as tax shelters and required them to be disclosed.

  • May 22, 2019

    Judge Grows Weary Of Infighting In J&J Talc Supplier's Ch. 11

    A Delaware bankruptcy judge expressed her frustration and displeasure Wednesday with a contentious battle over a firm proposed to serve as special insurance counsel to the official committee of tort claimants in Johnson & Johnson talc supplier Imerys Talc America Inc.’s Chapter 11.

  • May 22, 2019

    Cybercrime Vet To Help Run NY Unit Protecting Banks, Public

    The former chief of New Jersey’s first federal cybercrimes unit is moving on to New York to help oversee the first-of-its-kind division charged with safeguarding the public and financial service industry from cyberthreats, officials announced Wednesday.

  • May 22, 2019

    Insurer Wants Full 4th Circ. Review Of $1M Med Mal Award

    Lancet Indemnity Risk Retention Group Inc. is asking the Fourth Circuit to reconsider its ruling that the insurer must cover a $1 million medical malpractice award even though its client fled the country and refused to participate in the trial, saying the panel ignored Maryland law when it upheld the award.

  • May 22, 2019

    Puerto Rico Insurer Underpaid For Hurricane Claims, Suit Says

    The owner of an insurance policy in Puerto Rico sued Mapfre Praico Insurance Co. in Boston federal court Tuesday, alleging the insurer has paid just $2.6 million out of $39.6 million it owes for damage to over 200 properties from Hurricane Maria in 2017.

  • May 22, 2019

    US Sailor Entitled To Insurance Payout For Grounded Yacht

    The owner of a yacht that ran aground on a reef near the Philippines and was subsequently looted by thieves is entitled to an insurance payout to cover the damages she incurred, a London judge ruled on Wednesday after the insurer failed to show up for the trial.

  • May 21, 2019

    Lawmakers Skewer Industry Reps Over Surprise Medical Bills

    Federal lawmakers asked representatives of insurers, hospitals and doctors to explain why surprising patients with costly medical bills has become the norm during a congressional hearing Tuesday, saying the practice has caused medical debt to become the leading cause of personal bankruptcy in the country.

  • May 21, 2019

    Insurer Doesn’t Have To Defend Fake Therapist: 11th Circ.

    An 11th Circuit panel on Tuesday affirmed a Florida federal court’s ruling that ACE American Insurance Co. has no duty to defend or indemnify a man who pretended to be a licensed mental health counselor in a wrongful death suit, saying the insurance policy covers only legitimate professional services.

  • May 21, 2019

    Blue Cross Can't Escape Tribe's Health Care Fraud Suit

    Blue Cross Blue Shield of Michigan must face allegations that it committed health care fraud by breaking a promise to give a Native American tribe discounts on treatment, a Michigan federal judge ruled Monday, trimming the lawsuit but refusing to toss it.

  • May 21, 2019

    Law Group Won't Approve Controversial Report This Year

    The American Law Institute pushed back its approval of a controversial report on consumer contracts law Tuesday after its membership of judges, law professors and practitioners spent hours debating its impact on internet users.

  • May 21, 2019

    Insurers' Battle Over $31M Med Mal Deal Headed To Jury

    A Rhode Island federal judge has ruled that a jury must tackle a dispute between two insurance companies over coverage for a medical malpractice case against a hospital, which the insurers ultimately settled for $31.5 million following a hefty jury verdict.

  • May 21, 2019

    Zurich Can't Split Coverage Of $1.5M Mesothelioma Deal

    A Missouri federal judge on Tuesday ruled that Zurich American Insurance Co. cannot force Insurance Co. of North America to cover half of a $1.5 million mesothelioma settlement that it paid on behalf of Anheuser-Busch, finding that a pollution exclusion in INA’s policies bars coverage for asbestos-related claims.

  • May 21, 2019

    Deals Rumor Mill: Anbang, Xinyi Energy, Toshiba Memory

    Anbang Insurance’s stateside luxury hotel portfolio has reportedly received bids from would-be buyers including Blackstone and Brookfield Asset Management, Xinyi Energy Holdings raised $465 million in its initial public offering, and companies including Apple and Dell are selling their shares in chipmaker Toshiba Memory.

  • May 21, 2019

    Weinstein Co. Demands Say In Sex Abuse Settlement Talks

    Harvey Weinstein's bankrupt former corporate flagship warned that it has to be part of any potential insurance settlement with his sexual abuse accusers late Monday, in response to those opposing its hiring of attorneys for talks on director and officer policy payouts.

  • May 21, 2019

    Public Knew About Trump's Birth Control Rules, 3rd Circ. Told

    The Trump administration urged the Third Circuit to allow moral- and religious-based employer exemptions to the Affordable Care Act's birth control mandate, arguing Tuesday that the carveouts resulted from a procedurally correct process that involved the public.

  • May 21, 2019

    2 PE Firms Bolster Stake In Ardonagh With $117M Buy

    Investment funds managed by Madison Dearborn Partners and HPS Investment Partners on Tuesday said they will up their stake in Jersey-based Ardonagh Group by acquiring roughly £92 million ($117 million) of additional shares in the insurance broker.

  • May 20, 2019

    White Eagle Gets Nod To Fast Track Ch. 11 Plan Process

    A Delaware bankruptcy judge on Monday agreed to fast track key schedules for a new Chapter 11 settlement between insurance policy investor White Eagle Asset Portfolio LP and its lender, over objections from the Office of the U.S. Trustee.

Expert Analysis

  • Combating Cyberattacks In The Construction Industry

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    Though avoiding cyberattacks entirely is ideal, securing cyberinsurance and proper contractual language is the best way for construction companies to avoid potentially devastating liability in the event of a successful attack, say Gary Strong and Kevin Riexinger of Seiger Gfeller.

  • Limited Liability Releases Can Simplify Insurance Suits

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    In lawsuits where multiple insurers owe coverage to a single insured, limited liability release agreements can allow insureds to settle with only some of the insurers, but states vary in how they treat such releases, say attorneys at Goldberg Segalla.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Property Insurers: Beware Getting Stuck In Texas State Court

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    Texas federal courts have split over how an election of liability affects property insurers' ability to remove lawsuits from state to federal court. Until the Fifth Circuit weighs in, out-of-state carriers must make timely decisions to avoid being stranded in state court, say Matthew Kolodoski and Harrison Yoss of Thompson Coe.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • 3 Insurance Issues Raised By The Notre Dame Cathedral Fire

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    The devastating Notre Dame Cathedral fire provides a rare opportunity to consider the many unique factors that owners and insurers must consider when insuring national treasures, say attorneys at Zelle.

  • Don't Let License Rules Snuff Out Your Fire Expert

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    Lawsuits involving property damage due to fire often require the retention of an expert to investigate the fire, but testimony can be excluded if the expert lacks the required licenses. Attorneys at Tucker Ellis break down the different licensing requirements for fire scene inspection in all 50 states.