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Insurance

  • July 20, 2018

    John Hancock Signs $91M Deal To End Life Insurance Row

    John Hancock Life Insurance Co. agreed to pay more than $91 million to end a proposed class action alleging the company was jacking up life insurance policy rates by using the wrong mortality rate calculations, according to filings Friday in New York federal court.

  • July 20, 2018

    Boeing Must Face Suit Over Benefits After Kan. Plant Sale

    A Kansas federal judge ruled Friday that Boeing Co. must face claims that the company’s treatment of workers’ benefits after it sold a Kansas plant to Spirit AeroSystems Inc. in 2005 violated the Employee Retirement Income Security Act, and Boeing cannot hold five separate trials to resolve the allegations.

  • July 20, 2018

    9th Circ. Says Ore. County Can’t Collect $2.3M Defect Award

    An Oregon county can’t sue a subcontractor’s insurers to help pay for a damaged bridge, the Ninth Circuit affirmed Friday, finding that the insurance arrangement spelled out in the subcontractor’s work agreement is strictly verboten under Beaver State law.

  • July 20, 2018

    More Quinn Emanuel Attorneys Leave Firm For Dechert

    Dechert LLP on Friday said that 18 attorneys from Quinn Emanuel Urquhart & Sullivan LLP have joined the firm's product liability team, following Sheila Birnbaum, a defense attorney nicknamed the “Queen of Toxic Torts,” who made the jump in May.

  • July 20, 2018

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

    The last week has seen a slew of consumer goods distributors and insurers sue shipper MSC Mediterranean, a Nigerian bank take on one of the country's politicians and businessmen and U.S. tech company Ivanti lodge a claim against the venture capital firm it bought a digital workplace startup from.

  • July 20, 2018

    Stroock Picks Up Partners From Steptoe, Morgan Lewis

    Stroock & Stroock & Lavan LLP has continued its expansion by hiring two partners, bringing the total number of partners hired this year to seven while adding manpower to the firm's benefits and capital markets practice areas. 

  • July 20, 2018

    Harvard Pilgrim Must Face Mental Health Discrimination Suit

    A Massachusetts federal judge on Friday allowed a woman to move forward with a proposed class action claiming an insurance plan from Harvard Pilgrim Health Care Insurance Co. that covers medical expenses at nursing homes must also cover mental health care at her son's behavior-correcting summer camp.

  • July 20, 2018

    Atty DQ'ed Over Presuit Talks In Allstate Insurance Fight

    A Montana federal judge ruled Thursday that the attorney for a woman in a car insurance dispute with Allstate could not serve as trial counsel due to his presuit communications with the insurance company, finding the attorney may have to testify over information he provided about his client’s demands.

  • July 20, 2018

    Houthoff, Loyens & Loeff Guide €94M Dutch Property Deal

    Netherlands-based law firm Houthoff represented ASR Real Estate, which, on behalf of one of its funds, is buying part of a portfolio of retail properties located in the Netherlands for roughly €94 million ($110.2 million) from Loyens & Loeff NV-counseled Ronstreet Properties, according to an announcement on Friday from insurance giant ASR Nederland NV.

  • July 20, 2018

    Uncertain Clauses Revive Insurer's Bid To Ditch NJ Mold Suit

    A New Jersey appellate court ruled Friday that insurers may not be obligated to defend a policyholder facing a coverage lawsuit if its duty to cover the underlying claim is uncertain, in a decision stemming from a nurse’s mold illness claims against her employer.

  • July 20, 2018

    AIG Unit Can't Flip Asbestos Coverage Ruling In Ohio

    An American International Group Inc. unit is stuck paying the same share of a construction company’s asbestos liability as a fellow insurer that settled a coverage dispute early on, an Ohio appeals court affirmed Thursday, despite the unit's argument that the “arbitrary” decision “effectively forced” it into a settlement without its consent.

  • July 20, 2018

    United, Next Health Denied Dismissals In $100M Fraud Suit

    A Texas federal judge did not let either United Healthcare or Next Health escape a suit claiming Next Health ran a $100 million kickback scheme, denying in part Next Health’s motion to dismiss United’s complaint while denying United’s motion to dismiss Next Health’s counterclaims.

  • July 19, 2018

    Hernia Mesh Maker Takes IP Suit Coverage Row To 3rd Circ.

    Tela Bio Inc. on Thursday urged the Third Circuit to revive its bid to force a Chubb Ltd. insurer to cover its costs to defend against a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp. over a hernia treatment product, saying a lower court applied the wrong state’s law to the dispute and ignored potentially covered defamation claims in LifeCell’s complaint.

  • July 19, 2018

    What's Keeping Execs Up At Night? Cybersecurity, Poll Says

    The top liability concern facing American businesses is cybersecurity, while securities suits and other investors’ claims are being put on the back burner, according to a survey of 77 directors and officers from companies across various industries and geographic regions released Thursday.

  • July 19, 2018

    Security Co. Not Owed Defense In Waffle House Shooting Suit

    Nautilus Insurance Co. doesn’t have to defend a security contractor for an Atlanta Waffle House in a lawsuit alleging it failed to stop a restaurant employee from fatally shooting a patron in 2014, a Georgia federal judge ruled on Thursday, holding that a policy exclusion for assault and battery claims clearly bars coverage.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    Oaktree-Backed LCCG Buys Generali Units For €409M

    A portfolio company of Oaktree Capital Management said on Thursday that it has agreed to buy Generali Worldwide Insurance Co. Ltd. and a related shared service provider focused on fund and policy administration from parent company Assicurazioni Generali SpA for €409 million ($474.7 million).

  • July 18, 2018

    Pa. Justices Won't Hear Toxic Cleanup Coverage Row Yet

    A split Pennsylvania Supreme Court on Wednesday refused to hear an appeal of a lower court’s denial of an insurer’s attempt to escape indemnity for a hazardous site cleanup, saying a counterclaim must be resolved before the decision is final enough to be appealed.

  • July 18, 2018

    Olin Covered For Cleanup Costs At 7 Sites, Rakoff Rules

    U.S. District Judge Jed S. Rakoff has ruled that Lamorak Insurance Co. must cover Olin Corp.’s costs to remediate pollution at seven industrial sites, while also freeing the excess insurer from liability for Olin’s defense costs at another site and sending the chemical producer’s demands for coverage at seven additional locations to trial.

  • July 18, 2018

    Biz Groups Ask 10th Circ. To Keep 401(k) Row Dead

    Business and insurance groups asked the Tenth Circuit on Tuesday not to revive a class action over how Great-West Life & Annuity Insurance Co. distributed investment profits to 401(k) plan participants, saying a Colorado federal judge correctly found Great-West's actions didn't violate the Employee Retirement Income Security Act.

Expert Analysis

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

    Melissa Jampol

    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.