• March 16, 2018

    Acuity Off Hook For Damage Due To 'Earth Move' Clause

    An Illinois federal judge on Thursday held that an “earth movement” exclusion in a commercial building's insurance policy barred Acuity Mutual Insurance Co. from covering its client’s repair costs for damage done to the building.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Hartford Needn't Indemnify Trucking Co. For Workplace Death

    A Virginia federal judge on Friday ruled Hartford Underwriters Insurance Co. doesn’t have to pay any benefits on a workers' compensation claim made by the widow of a trucking company employee who died as the result of a workplace accident, handing the insurer a quick win in the case.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    Patriarch Not Covered For SEC Probe, Axis Tells 2nd Circ.

    Axis Insurance Co. on Friday urged the Second Circuit to uphold a New York federal court's ruling that it doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of an SEC investigation and enforcement action, saying the lower court properly concluded that coverage is barred because the probe predated the insurer's policy.

  • March 16, 2018

    Asbestos Firm Must Face Insurers' Coverage Payback Suit

    A Texas federal court on Friday refused to toss a suit from three health insurers that claims a law firm failed to pay the companies money out of its clients’ asbestos settlement funds, asking the parties for additional information but saying the suit could remain for now.

  • March 16, 2018

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

    The last week has seen the Force India Formula One team sue Santander, the Fiat Group launch an action against its longtime pension scheme administrator and Squire Patton Boggs, and a Scipion fund take on a commodities warehouser. Here, Law360 looks at those and other new claims in the U.K.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

  • March 16, 2018

    AIG Asks 9th Circ. To Ax Disney 'Pink Slime' Arbitration

    AIG Specialty Insurance Co. urged the Ninth Circuit on Friday to reverse an order allowing Walt Disney Co. to arbitrate a dispute over the coverage of $25 million of an undisclosed settlement with a beef company that sued over ABC’s characterization of its “lean finely textured beef” as “pink slime.”

  • March 16, 2018

    Failed ACA Insurer's Suit Tossed Over Jurisdiction

    A South Carolina federal judge on Friday dismissed a suit challenging a federal loan repayment demand to a failed Affordable Care Act insurance co-op, saying the Federal Court of Claims has jurisdiction.

  • March 16, 2018

    Reinsurance Execs Can Arbitrate $50M RICO Suit, Judge Says

    A New York federal judge Tuesday sent a $50 million Racketeer Influenced and Corrupt Organizations Act case against three reinsurance executives to arbitration, saying the arbitration clause in the reinsurance agreement applies to them as well as their company.

  • March 16, 2018

    NY Watchdog Fines Insurer $750K Over Accident-Only Sales

    New York financial regulators announced a $750,000 fine for the U.S. arm of Australian insurer QBE on Thursday in connection with sales of accident-only insurance policies to college students, a practice outlawed in 2014 and which the company has now stopped.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    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 Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 15, 2018

    Split 5th Circ. Vacates DOL's Obama-Era Fiduciary Rule

    A split Fifth Circuit panel on Thursday vacated the U.S. Department of Labor’s fiduciary rule for retirement account advisers, with the majority finding the agency overstepped its authority and that the Obama-era rule’s redefinition of "fiduciary" was unreasonable.

  • March 15, 2018

    9th Circ. Urged To Rethink HIPAA Probe Coverage Ruling

    Millennium Laboratories asked the Ninth Circuit on Wednesday to rethink its ruling that Allied World Assurance Co. does not have to cover the $5 million it spent defending against a federal investigation, saying its insurance policy entitles it to recover at least part of its expenses.

  • March 15, 2018

    Cigna, Express Scripts To Face Tough Antitrust Review

    Cigna's $67 billion purchase of Express Scripts is set to face rigorous antitrust scrutiny amid a wave of deals integrating insurers and pharmacy benefits managers — especially given the government's recent hard-line stance on another high-profile vertical merger.

  • March 15, 2018

    Plastic Packager Sues Supplier For $1.7M Over Leaky Bags

    Plastic packaging manufacturer Scholle IPN Packaging and its insurer hit its plastic film supplier with a $1.7 million lawsuit in Illinois federal court Thursday over claims that the film caused Scholle's packaging, used by a variety of companies including Coca-Cola, to leak soft drink syrup mix.

  • March 15, 2018

    Treatment Program Owner Gets 11 Years For $175M Scheme

    A California state judge on Wednesday sentenced the co-owner of a Los Angeles drug and alcohol treatment facility to 11 years in prison in relation to a $175 million billing scheme involving insurance fraud, identity theft and money laundering.

Expert Analysis

  • Unreported Claims Do Not Always Jeopardize Coverage

    Shaun Crosner

    In many cases, insureds are entitled to coverage under claims-made policies notwithstanding failure to report a prior communication, demand or proceeding. When insurers argue otherwise, their positions must be evaluated carefully in light of the law, facts and pertinent policy provisions, says Shaun Crosner of Pasich LLP.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 2

    P. Frye 300dpi - July 2015.jpg

    The Illinois Supreme Court should resolve the contradiction between two recent Illinois appellate decisions by ruling that whenever allegedly deficient policy language is delivered to an insured more than two years before a suit is filed, the suit should be dismissed, says Patrick Frye of Freeborn & Peters LLP in the final part of this article.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 1

    Patrick Frye

    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • Insurtech Is The Next Frontier For Texas Insurance

    Jennifer Gibbs

    Texas has shown strong interest in investing in insurtech startup companies, and insurers would be wise to implement insurtech innovations before being left in the dust. Though some view insurtech as a threat, it appears to be here to stay and will supply insurers with a wealth of information, say Jennifer Gibbs and Bennett Moss of Zelle LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.