Insurance

  • October 18, 2019

    Humana Slaps Generic-Drug Makers With New Price-Fix Suit

    Insurance giant Humana on Friday followed up on a 2018 suit against a slew of generic-drug makers with a new complaint alleging that a swath of additional drugs and companies were involved in a "far-reaching" price-fixing conspiracy at the heart of the earlier case.

  • October 18, 2019

    Telecom Co. Seeks Wage And Hour Suit Coverage At 9th Circ.

    Telecommunications provider U.S. Telepacific Corp. has urged the Ninth Circuit to rule that U.S. Specialty Insurance Co. must help cover its costs to defend a proposed class action alleging it failed to pay account managers overtime, saying a federal judge used an overly strict legal standard and misapplied a pair of policy exclusions.

  • October 18, 2019

    La. Insurer Sues Pharma Cos. Over Opioid Crisis

    A Louisiana insurance fund on Friday hit a slew of drug companies, distributors and pharmacies with a suit in Ohio federal court claiming that they fueled the opioid crisis by downplaying the risks of addiction and failing to spot suspiciously large orders of the drugs.

  • October 18, 2019

    AIG Wants Out Of Covering Clinic's $9M Abuse Settlement

    An AIG unit has filed suit claiming it is not liable for a $9 million settlement reached between an Alabama mental health clinic and its subcontractors after three patients suffered physical abuse and one died, claiming it never consented to the settlement.

  • October 18, 2019

    High Court Urged To Skip ERISA Case Over Great-West Profits

    The Tenth Circuit didn't buck the Employee Retirement Income Security Act's rule requiring financial institutions to return excessive profits to employee benefit plans when it shut down a class action against Great-West Life & Annuity Insurance Co., the company told the U.S. Supreme Court.

  • October 18, 2019

    Honda Insurer's $4.2M Suit Over Derailment Damage Tossed

    A Florida federal judge has struck a complaint filed by Japanese insurer Sompo Japan Nipponkoa alleging the negligence of two transportation companies caused a rollover railway collision, saying the complaint constituted an impermissible “shotgun pleading.”

  • October 18, 2019

    National Union Sues AFL Over Unpaid Workers' Comp

    National Union has hit the Arena Football League with a suit in New York state court alleging it’s owed $2.4 million for past-due premiums and payment for a previous settlement over a workers' compensation policy the insurer issued to the AFL.

  • October 18, 2019

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

    The past week has seen Investec drag its former aviation finance team to court, the nephew of the King of Bahrain sue Santander, and the Financial Conduct Authority file a suit against an unregulated investment scheme. Here, Law360 looks at those and other new claims in the U.K.

  • October 17, 2019

    Creditors Slam $11B PG&E Proposal Over Calif. Wildfires

    Creditors blasted Pacific Gas and Electric's proposed settlement of subrogation claims stemming from California's 2017 and 2018 wildfires, saying it locks the bankrupt utility into an $11 billion payment to insurers no matter what direction the case takes in the future.

  • October 17, 2019

    Chubb Owes Excess Carrier $8M In Row Over Fatal Crash Deal

    A Chubb Ltd. primary insurer must pay a Zurich North America excess carrier nearly $8 million in a dispute over coverage for their mutual policyholder's settlement of a lawsuit stemming from a deadly truck crash, a Texas federal judge has ruled.

  • October 17, 2019

    Lloyd's Gas Well Insurance Row Returned To Pa. State Court

    A lawsuit accusing insurers of failing to honor a Lloyd's of London policy on an erupting Ohio gas well must return to Pennsylvania state court, since the defendants hadn't shown that none of more than 1,800 underwriters on the policy were Pennsylvania citizens, a federal judge ruled Thursday.

  • October 17, 2019

    Liberty Mutual Won't Cover HR Co. Embroiled In $70M Fraud

    A Liberty Mutual unit has sued a human resources company formerly led by a CEO who federal prosecutors say admitted to a $70 million bank fraud, saying the policy should be rescinded because the insurer would not have issued the policy if it had known about the fraud.

  • October 17, 2019

    Liberty Mutual Seeks $30M In Sewer System Contract Spat

    Liberty Mutual told a Washington federal court Wednesday that a contractor tasked with fixing a sewer system should put up $29.9 million as collateral to prevent the insurer from taking any losses in underlying litigation over the botched project.

  • October 17, 2019

    Insys Exec Trial Fair Despite Alleged Weil Conflict, Judge Says

    A convicted former Insys Therapeutics Inc. executive "got a fair trial" despite Weil Gotshal & Manges LLP representing him during his criminal trial while guiding the company through its bankruptcy, a federal judge said following a fiery Thursday afternoon hearing over the alleged conflict.

  • October 17, 2019

    Alaska Air Duped Consumers On Trip Insurance, Suit Says

    Alaska Airlines allegedly took illegal kickbacks in exchange for selling trip insurance to consumers, according to a proposed class action filed in Washington federal court, making the Seattle-based carrier the latest airline accused of duping consumers and profiting off the policies.

  • October 17, 2019

    Deals Rumor Mill: AT&T, Global Infrastructure Partners, Apollo

    AT&T and activist investor Elliott are in discussions to end their dispute, Global Infrastructure Partners is on the brink of breaking its own record for largest infrastructure fund ever raised, and Apollo Global has offered to buy technology distributor Tech Data Corp. for $5 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • October 17, 2019

    Ex-JPMorgan Worker's COBRA Suit Kicked To Arbitration

    A former JPMorgan Chase & Co. worker's suit claiming the bank didn’t give him proper notice about continuing his health care coverage after being terminated belongs before an arbitrator, a Florida federal judge ruled, rejecting the worker's argument JPMorgan gave up its ability to compel arbitration.   

  • October 16, 2019

    Texas Judge Tosses ACA's Transgender, Abortion Bias Rule

    The Texas federal judge who vacated the Affordable Care Act last year tossed an Obama-era regulation banning federally funded health insurance plans from discriminating on the basis of gender identity, saying the rule violated the Administrative Procedure Act and the Religious Freedom Restoration Act.

  • October 16, 2019

    Insurer Must Face Trial Over Duty To Defend Environmentalist

    Homeowners Choice Property & Casualty Insurance Co. Inc. will face a trial against a well-known Florida environmentalist over its duty to defend her in a libel case in which a $4.4 million verdict was entered against her, after a ruling for the insurer was reversed Wednesday.

  • October 16, 2019

    FirstEnergy's Toxic Gas Suit Not Their Problem, Insurers Say

    Two CNA Financial Corp. units asked an Ohio federal court Wednesday to declare they have no duty to defend FirstEnergy Corp. in a lawsuit stemming from the death of two workers in a hydrogen sulfide accident at one of the company's coal-fired power plants.

  • October 16, 2019

    Liberty Mutual Overcharges For Workers' Comp, Suit Says

    Liberty Mutual Group Inc. was hit with a proposed class action alleging it overcharges policyholders for workers' compensation coverage by manipulating an industry-sponsored monitor of the accident insurance.

  • October 16, 2019

    Exceptions To '8 Corners Rule' Are Invalid, Texas Justices Told

    State Farm Lloyds should not be able to use a judge's exception to a Texas litigation rule to avoid defending a Texas couple in a suit over an ATV accident that killed their grandson, saying the judge's exception is his own invention and has never been used by another court.

  • October 16, 2019

    Real Estate Rumors: Beacon, Sapir, Command Financial Press

    Beacon Capital is reportedly under contract to pay Tishman Speyer roughly $230 million for a Chicago office tower, Sapir is reportedly scrapping development plans at a Miami site and now hopes to sell the property, and Command Financial Press is reportedly taking 18,702 square feet in Manhattan.

  • October 16, 2019

    Insys Judge Unsure If Execs' Bribes Equal Drug Dealing

    A federal judge has expressed skepticism about part of the theory used to convict five former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, wondering whether an indifference to who received the powerful painkiller equated to conspiring with doctors to deal drugs to patients who didn’t need them.

  • October 16, 2019

    German Real Estate Investor Domicil Postpones $166M IPO

    German property investor Domicil Real Estate Group on Wednesday indefinitely postponed plans for a €150 million ($165.7 million) initial public offering, citing difficult market conditions.

Expert Analysis

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • NY Courts Vary In Allowing Bad Faith Claims Against Insurers

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    Insurance policyholders' claims for bad faith and consequential damages have met conflicting standards in New York courts, leading to inconsistent, fact-specific case law, say Ashlyn Capote and Jason Rusche of Goldberg Segalla.

  • State Net

    In Most Court Battles, States Win And Trump Loses

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    Analysis of lawsuits filed by state attorneys general against the Trump administration shows that banding together has been a successful strategy for states — and that even when states have lost in court, their litigation has sometimes moderated administration policies, says Lou Cannon of State Net Capitol Journal.

  • Perspectives

    Calif. Law Offers New Hope For Child Sexual Abuse Victims

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    The recent passage of A.B. 218 in California — extending the statute of limitations for child sexual abuse cases — will pose challenges for the justice system, but some of the burdens posed by abuse will finally be shifted from survivors to accused abusers and the organizations that enabled them, says retired Los Angeles Superior Court judge Scott Gordon.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • State Net

    States May Slow Spread Of Vehicle Subscription Services

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    Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Insurance Cases Illuminate Business Interruption Disputes

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    A growing body of insurance case law provides that in instances of widespread destruction caused by natural disasters, policyholders are not required to prove their contingent business interruption losses on a supplier-by-supplier or customer-by-customer basis, but subtle differences in policy language can significantly impact coverage, say Barry Buchman and Greg Van Houten of Haynes and Boone.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • 2 Overlooked Areas Of DHS' New 'Public Charge' Rule

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    Two likely consequences of a recent U.S Department of Homeland Security rule that redefines “public charge” and elements of a presidential proclamation requiring many immigrants to show they have health insurance have received little attention but may have a significant effect on visa processing, says Jeffrey Gorsky of Berry Appleman.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Can Insureds Recover Atty Fees From Public-Private Insurers?

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    A recent string of flood insurance decisions from a Florida federal court have revived a decade-old argument over whether insureds can recover attorney fees when successfully suing private insurers partnered with the government, and may increase financial pressure on the struggling National Flood Insurance Program, says Alexander Cogbill of Zelle.

  • 3 Key Changes In New Insurance Arbitration Rules

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    Last month, the AIDA Reinsurance and Insurance Arbitration Society released new rules intended to improve the insurance arbitration process by expanding the pool of potential arbitrators, improving predictability and reducing wait time, says Peter Halprin of Pasich.

  • Calif. Funds Wildfire Liabilities Without Punishing Ratepayers

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    A recently enacted California law that sets aside $21 billion to cover future wildfire damage claims and incentivizes safer electric utility infrastructure represents a successful attempt to balance competing interests, while putting wildfire claims funding on a firmer footing, says Allan Marks of Milbank.