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Insurance

  • October 22, 2018

    DOL Proposes Easing Retirement Plan Regulations

    The U.S. Department of Labor moved Monday to make President Donald Trump’s executive order on retirement regulations a reality, proposing a rule that would make it easier for companies and the self-employed to join existing retirement plans or band together to create new ones. 

  • October 22, 2018

    Trump Invites ACA Suits By Giving States New Leeway

    The Trump administration on Monday offered states wide latitude to steer consumers away from the Affordable Care Act's robust health insurance and toward cheaper policies, an audacious move that experts say flouts the law's intent and invites litigation.

  • October 22, 2018

    Car Insurance Ruling Will 'Wreak Havoc,' NJ Justices Told

    A New Jersey appellate decision permitting the recovery of car-accident-related medical expenses above the limit of a plaintiff’s personal injury protection benefits will lead to greater litigation, raise insurance costs and “wreak havoc” on the state court system, counsel for defendants told the state Supreme Court Monday in seeking to overturn the ruling.

  • October 22, 2018

    Agents Get Upper Hand In Negligence Suits With Ill. Ruling

    A split Illinois Supreme Court recently held that the two-year statute of limitations for negligence claims against insurance agents generally begins to run on the date a policy is issued, a decision that sharply limits policyholders’ ability to sue over agents’ alleged failure to secure requested coverage.

  • October 22, 2018

    Labs Say UnitedHealth Can't Sue On State Fraud Claims

    A group of medical testing labs urged a Texas federal judge Friday to toss a $44 million suit brought by UnitedHealthcare Insurance Co., saying payments made by the insurer weren't fraudulent and were federally mandated through the Employee Retirement Income Security Act.

  • October 22, 2018

    Home Insurer Turns Tables On HOA's Coverage Suit

    Auto-Owners Insurance Co. turned around a homeowners association’s lawsuit alleging it failed to adequately cover property damage from a hailstorm, after a Colorado federal jury found Friday in favor of the insurer’s counterclaim that the condo complex put in a fraudulent claim.

  • October 22, 2018

    Liberty Mutual Loses Rebuttal Bid Against Texas Contractor

    A Texas magistrate judge threw out Liberty Mutual Insurance Co.’s claim that Hunt Construction Group Inc. failed to properly oversee a subcontractor’s work in a $36 million lawsuit related to the construction of the Fairmont Hotel in Austin, saying Hunt correctly argued that the insurer cannot sue it for breach of contract.

  • October 22, 2018

    2 Insurers Exit $1.3M Construction Defect Coverage Row

    A Florida federal judge on Monday dismissed American Home Assurance Co. and Illinois National Insurance Co. from a lawsuit alleging they failed to indemnify the general contractor in a condominium association's construction defects suit that led to it paying a $1.3 million settlement, after the insurers reached a deal with the condo association.

  • October 22, 2018

    Insurer Must Pay For Defense In School Assault Suit: 9th Circ.

    The Ninth Circuit has held that Liberty Surplus Insurance Corp. must cover a construction company’s costs of fighting claims that it negligently hired and supervised an employee who molested a 13-year-old student while working at a middle school.

  • October 19, 2018

    SEC Opens Probe In Honeywell's Asbestos Accounting

    The U.S. Securities and Exchange Commission is investigating Honeywell International Inc.’s accounting of liability for asbestos claims after the company raised its estimate earlier this year by $1.1 billion, the company revealed in its securities filing Friday.

  • October 19, 2018

    O'Quinn Not Covered For Part Of $46M Overbill, 5th Circ. Says

    The Fifth Circuit has ruled that an insurance company does not have a duty to pay for part of a $46 million settlement in a Texas firm's fee dispute after the firm deducted expenses from a breast implant class action settlement on top of its agreed-upon commission.

  • October 19, 2018

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

    The last week has seen Allianz sue Maersk, a Barclays request to transfer part of its banking business and another filing between two sides fighting over payouts from a £200 million RBS rights holders settlement. Here, Law360 looks at those and other new claims in the U.K.

  • October 19, 2018

    Pet Insurer Founders Ask Chancery To Veto Underwriter Deal

    The founders of pet insurance business Fetch Inc. filed suit in Delaware Chancery Court seeking to rescind an amended deal with an underwriter, claiming it is bad for the business and was made after investor groups led by prominent businessman Vernon W. Hill II and hedge fund billionaire Steven Cohen failed to secure required approval.

  • October 19, 2018

    Deals Rumor Mill: Swiss Re, CPPIB, Nestle

    Swiss Re discussed investing in Anbang Insurance Group Co., the Canada Pension Plan Investment Board is getting ready to bid for a stake in Gatwick Airport, and Nestle has tapped advisers related to a potential deal to sell its skincare business.

  • October 19, 2018

    Gov't Asks 9th Circ. To Revive New Birth Control Rules

    The Trump administration asked the Ninth Circuit on Friday to lift a nationwide ban on new rules that exempt employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, saying employers’ First Amendment rights should trounce procedural requirements for passing the new regulations.

  • October 19, 2018

    Motorola Says AIG Unit Must Cover Birth Defect Settlement

    Motorola Solutions Inc. sued an AIG subsidiary Thursday in Illinois federal court, saying the insurer used "false and frivolous" reasons to deny coverage for a $28 million legal settlement reached over birth defects in some children of its workers.

  • October 19, 2018

    Asbestos Trusts Facing Heat As DOJ Ramps Up Oversight

    The U.S. Department of Justice has recently taken aggressive steps to augment government oversight and insert itself into the planning process for the asbestos bankruptcy trust system, heeding calls from state attorneys general and corporate America for greater transparency in how trusts are run.

  • October 18, 2018

    EBSA Regulatory Agenda Tackles Fiduciary Rule, Birth Control

    Within the next year, the Employee Benefits Security Administration hopes to make association retirement plans a reality, clarify what comes after the fiduciary rule and allow employers to stop covering workers’ birth control by claiming a moral or religious objection to its use.

  • October 18, 2018

    Freight Co., DOL Ink $2.5 Deal In Stock Transaction Suit

    The trustee of an Ohio freight company's employee stock ownership plan and his company agreed to a nearly $2.5 million judgment to settle the U.S. Department of Labor's claims they cost the plan $6 million through fiduciary breaches, according to filings in federal court.

  • October 18, 2018

    Wachtell, Simpson Lead $5.7B Invesco-MassMutual Deal

    Wachtell Lipton Rosen & Katz-led Invesco Ltd. will acquire Massachusetts Mutual Life Insurance Co.’s asset management unit OppenheimerFunds in a $5.7 billion deal that will see Simpson Thacher & Bartlett LLP-led MassMutual become the Atlanta-based investment firm’s largest shareholder, the companies said in a statement Thursday.

Expert Analysis

  • Florida Supreme Court Aims To Expand Bad Faith Standards

    Rory Eric Jurman

    The Florida Supreme Court's recent decision in Geico v. Harvey is part of an ever-expanding trend to create a negligence standard against insurers, seemingly turning a blind eye to the myriad of sophisticated bad faith setup schemes, say Rory Jurman and Vanessa Alvarez of Fowler White Burnett PA.

  • Beware Laws Intersecting Benefit Concierge Services

    Kendra Roberson

    Benefit concierge services can help employers realize a greater return on investment by increasing employees’ awareness of available benefits. However, they raise several legal issues, including considerations under the Health Insurance Portability and Accountability Act and the Employee Retirement Income Security Act, say Kendra Roberson and Chris Lowther of Covington & Burling LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Okla. Insurance Business Transfers May Violate Due Process

    Laura Foggan

    Oklahoma's Insurance Business Transfer Act — the latest state run-off law passed in response to increasing demand for such transfers — could prompt constitutional challenges because it allows the transfers to be theoretically approved over the objection of all policyholders, say attorneys at Crowell & Moring LLP.

  • Assignment Of Benefits Faces A New Hurdle In Florida

    Margo Meta

    A Florida state appeals court's decision last month in Restoration 1 v. Ark Royal weakens assignment-of-benefit claims, holding that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment-of-benefits agreement, says Margo Meta of Ball Janik LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • 6th Circ. Ruling Highlights Dangers Of Insured's Admissions

    David Kroeger

    The Sixth Circuit's recent decision in KVG v. Westfield underscores that all insureds should take care to avoid admissions that may be used against them in subsequent litigation over coverage for their losses, say David Kroeger and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.