Insurance

  • February 16, 2018

    Driver Exits Suit Over Drug-Fueled Crash Post-Settlement

    The Illinois Supreme Court on Friday affirmed two lower court opinions that allowed an intoxicated driver who caused a car crash that permanently injured a woman to settle with her and exit the suit, against the objections of a company whose truck driver was also involved in the accident.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    Health Care-Focused Blank Check Co. Prices $250M IPO

    Blank check company DFB Healthcare Acquisitions Corp., formed by investment firm Deerfield Management and led by a longtime health insurance CEO, said it raised $250 million in an initial public offering Friday to support the intended acquisition of a health care business.

  • February 16, 2018

    Insurer Says Utah Bank, Finance Co. Can't Duck Award

    Allied World Assurance urged federal courts in Utah and New York on Thursday to confirm an international arbitration award against the Bank of Utah and a finance company valued at $424,392 and argued that the separate cases should not be consolidated.

  • February 16, 2018

    Kindred Investors Seek To Stop Humana's $4.1B Acquisition

    A proposed class of Kindred Healthcare Inc. shareholders filed a memorandum Friday in Delaware federal court supporting their motion to halt the progress of a $4.1 billion acquisition of the company by Humana Inc. and two private equity firms until alleged deficiencies in a proxy statement are cured.

  • February 16, 2018

    Are Insurance Lawyers Ready For The ‘Year Of The Phish’?

    Social engineers who hack humans instead of computers are predicted to make this the “Year of the Phish,” and their evolving scams may well be outpacing your clients’ fraud coverage.

  • February 16, 2018

    Texas Justices Take Up Arbitration Question In Crop Case

    The Texas Supreme Court on Friday agreed to weigh whether Jody James Farms must arbitrate its dispute with insurance agency The Altman Group over an unpaid 2010 crop damage claim, after JJF argued there was no arbitration agreement between the parties.

  • February 16, 2018

    $12B ACA Case Strengthened By Trump Budget, Insurers Say

    Health insurers on Friday told the Federal Circuit that their legal fight for $12 billion in Affordable Care Act funds has been strengthened by a Trump administration budget request that suggests the funds are an obligation of the federal government.

  • February 16, 2018

    New FCA Ruling Puts Medicare Advantage Plans On Alert

    A new False Claims Act ruling involving UnitedHealth Group Inc. is a clear warning that Medicare Advantage insurers may face massive penalties for ignoring questionable patient diagnoses and failing to return related government payments.

  • February 16, 2018

    Travelers Let Off The Hook In Lease Row Over Roof Damage

    A Colorado judge let Travelers off the hook Friday from having to defend a college from a landlord’s claim that it failed to repair roof damage, saying the dispute was a breach of contract claim not covered by the policy.

  • February 16, 2018

    Honda Sued By Insurer Over Damage From Odyssey Fire

    Metropolitan Property and Casualty Insurance Co. has sued American Honda Motor Co. in New Jersey state court over a policyholder's car and house damage after a Honda Odyssey minivan allegedly burst into flames.

  • February 16, 2018

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

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    EquiTrust Hit With Suit Over Unauthorized Payout Fees

    EquiTrust Life Insurance Co. was hit with a putative class action in Florida federal court Wednesday by two policyholders who claim the company charges fees that aren't authorized in policy provisions when customers surrender or redeem their life insurance policies.

  • February 15, 2018

    Insurers Cleared To Subpoena Asbestos Claim Info In Ch. 11

    A New York bankruptcy judge has told Rapid-American Corp. it can’t stop the trio of insurance companies it claims failed to cover it from asbestos claims from subpoenaing the company’s claims handlers.

  • February 15, 2018

    Calif. Court Revives Insurance Row Over Bingo Device Fire

    A California appeals court found Wednesday that a lower court wrongly dismissed a bingo device supplier’s suit against its insurer stemming from a London fire started by a battery in a device, saying there is a potential for coverage in the future.

  • February 15, 2018

    10th Circ. Split Adds Wrinkle To NY Faulty Work Coverage Law

    The Tenth Circuit recently held under New York law that general contractor Black & Veatch Corp.'s liability policy covers damages resulting from a subcontractor's shoddy work, wading into an unsettled area of Empire State jurisprudence and likely setting the stage for the state's highest court to weigh in on the issue.

  • February 15, 2018

    Regulators To Review Enhanced Oversight Of Prudential

    U.S. financial regulators on Wednesday announced plans to review the designation of Prudential Financial Inc. for enhanced regulatory supervision, potentially paving the way for removing the insurer and asset manager from its designation as a systemically important financial institution.

  • February 15, 2018

    Kanye West, Lloyd's End $10M Row Over Canceled Shows

    Pop star Kanye West’s touring company and syndicates of Lloyd’s of London on Wednesday resolved their California federal court dispute over $10 million worth of coverage for shows he canceled after reportedly having a mental breakdown last year.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    NY Cybersecurity Rules Will Be Enforced As They Mature

    New York's financial regulator has been relatively quiet since first-of-their-kind cybersecurity rules took effect last year, but attorneys expect that the first wave of compliance certifications due Thursday and looming deadlines to implement more technically complex aspects of the regulation will trigger an enforcement blitz.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.