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Insurance

  • February 15, 2019

    Public Storage Class Ignoring Limits In $100M Suit, Judge Told

    Counsel for Public Storage delivered closings Friday in a $100 million California bench trial over claims it tricked customers into buying insurance, arguing that customers' attorneys “have done nothing but flout” the judge’s order to stick to the one certified claim that it uniformly misleads customers.

  • February 15, 2019

    Texas Justices Back Exxon In Workers' Comp Recoup Row

    The Texas Supreme Court on Friday sided with ExxonMobil Corp. in its dispute with The Insurance Company of the State of Pennsylvania, holding that the insurer waived its rights to recover from Exxon workers' compensation payments the insurer made to two injured workers.

  • February 15, 2019

    AbbVie, Eli Lilly Beat Insurer's RICO Suit in Testosterone MDL

    An Illinois federal judge entered judgment in favor of AbbVie and other makers of testosterone replacement drugs in a Racketeer Influenced and Corrupt Organizations Act suit brought by an insurer on Thursday, saying there was no evidence the insurer was misled by the companies.

  • February 15, 2019

    Optum Can't Get 1st Circ. To Block Ex-Exec From Startup

    The First Circuit on Friday rejected Optum’s bid to block a former executive from working at a health care startup created by Amazon, Berkshire Hathaway and JPMorgan Chase, instead kicking the issue back to the lower court.

  • February 15, 2019

    Texas Justices Side With Insurer In Atty-Client Privilege Row

    The Texas Supreme Court on Friday ruled attorney-client privilege applies to communications between a Texas Windstorm Insurance Association employee who was also acting as an expert witness and the group's attorney, telling the city of Dickinson the communications aren't subject to discovery in its dispute over payouts made after 2008's Hurricane Ike.

  • February 15, 2019

    Zurich Opposes Covering $300M Lead Pollution Settlement

    Insurer Zurich American asked a St. Louis federal court Thursday to free it from helping a policyholder pay $300 million in legal settlements over poisonings and pollution in a small Missouri town that was home to the nation’s last lead ore smelter.

  • February 15, 2019

    Deals Rumor Mill: Radian, Thomas Cook, TSE

    Radian Group Inc. reportedly held unsuccessful deal talks, Thomas Cook Group PLC is mulling a sale of its airline unit, and Tokyo Commodity Exchange and the owner of the Tokyo Stock Exchange have agreed to merge.

  • February 15, 2019

    Power Co. Asks 1st Circ. To Affirm Fraud Suit Coverage Win

    Electricity Maine asked the First Circuit on Thursday to affirm that Zurich American Insurance must fund its defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court properly found the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • February 15, 2019

    Trump's Drug Rebate Ban Faces Fraught Legal Path

    One of the Trump administration’s boldest moves to ease drug prices — a ban on billions of dollars in rebates negotiated by middlemen for health insurers — will need to traverse a legal minefield to become reality, experts say.

  • February 15, 2019

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

    The last week has seen the European arm of a Japanese investment bank sue a Saudi billionaire, the former prime minister of Qatar face action involving a pricey mansion and a Swiss bank file claims against executives of a defunct business group being investigated by the U.K.'s fraud watchdog. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2019

    Insurer Sent Unwanted Pro-GOP Texts, Court Hears

    California insurance company Healthy Halo Insurance Services Inc. sent customers unwanted automated texts, including election messages urging voters to reject George Soros and vote for Republican candidates, according to a putative class action filed Thursday in Florida federal court.

  • February 15, 2019

    3 Key Bad Faith Rulings To Watch For In 2019

    Insurance attorneys are awaiting guidance from several courts on key bad faith issues, including the Georgia Supreme Court's hotly anticipated decision on the prerequisites for failure-to-settle claims against insurers and the Iowa high court's upcoming ruling on whether workers' compensation claims handlers can be held liable for bad faith.

  • February 14, 2019

    Life Insurance Buyer Gets New Ch. 11 Stalking Horse Bidder

    A bankrupt purchaser of life insurance policies from wealthy policyholders announced Thursday that it will pursue a Chapter 11 auction of its portfolio of policies with a $5.65 million offer from a new stalking horse bidder that proposes less costly bid protections than a prior offer did.

  • February 14, 2019

    Hartford, Conn., Baseball Stadium Builder Owes Insurer $39M

    A Connecticut construction company and its affiliates owe an insurer $39 million as reimbursement for payments made in connection with several projects, most of which is related to the construction of a minor league baseball stadium in Hartford, a federal judge has said.

  • February 14, 2019

    Walgreens, Kroger Slam J&J's Challenge To Antitrust Claims

    Walgreen Co. and Kroger Co. have fired back at Johnson & Johnson's argument that the retailers don’t have the right to sue the drugmaker for antitrust violations on behalf of drug wholesalers, telling a Pennsylvania court Thursday that appeals courts have repeatedly ruled that they can.

  • February 14, 2019

    Pellet Cos. Trustee's Suit Belongs In State Court: Judge

    A Louisiana federal magistrate judge has recommended that a trustee’s suit against a German insurance company that issued a policy to a now-bankrupt heating pellet company be sent back to state court, holding that removal wasn’t appropriate because an officer of the debtor hadn’t agreed to it.

  • February 14, 2019

    Kasowitz Benson, Pachulski Can Rep White Eagle In Ch. 11

    Bankrupt life insurance settlement investor White Eagle Asset Portfolio LP received a Delaware judge’s permission Thursday to retain a pair of law firms in its Chapter 11 case despite arguments from its secured lender that the firms had conflicts with non-debtor affiliates of the company.

  • February 14, 2019

    LA Hospital's Late Notice Sinks $42M FCA Deal Coverage

    A California federal judge has ruled that an AIG unit is not obligated to cover a Los Angeles hospital’s $42 million settlement of a False Claims Act suit or its costs to respond to a related Department of Justice investigation, holding that coverage is barred because the hospital provided untimely notice of the two claims to the insurer.

  • February 14, 2019

    After Input, DOJ Says CVS-Aetna Merger Fix In Public Interest

    The U.S. Department of Justice responded Wednesday to public comments filed about the deal allowing CVS Health Corp. to proceed with its $69 billion purchase of Aetna Inc., saying it still believes the fix being offered will cure any competitive concerns raised by the merger.

  • February 14, 2019

    Blue Cross CEO Must Testify At Anthem-Cigna Chancery Trial

    A Delaware vice chancellor ruled Thursday that Blue Cross Blue Shield Association CEO Scott Serota must testify in an upcoming battle over the collapsed $54 billion merger of Cigna Corp. and Anthem Inc., in a decision that also clarified the court’s reach in compelling trial testimony.

Expert Analysis

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • 5 Considerations For Both Sides In Stadium Naming Deals

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    The stadium and arena naming rights deal market remains highly active. The complexity of these agreements and the importance of the terms are growing, say Ryan Davis and Steve Smith of Bryan Cave Leighton Paisner LLP.

  • Climate Change And Insurance: Increasing Foreign Lawsuits

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    The amount of climate-related litigation outside the United States is growing. While these cases are not all headline-grabbing actions against large emitters, they are equally important for the insurance industry to monitor, say Jason Reeves and Deepa Sutherland of Zelle LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • The Many Elements Of Protection For Pre-Existing Conditions

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    As discussion and debate about health coverage continues following the recent Affordable Care Act decision in Texas v. U.S., it is useful to appreciate that what may be referenced in the singular as protection for pre-existing conditions is in fact a collection of multiple provisions working in concert, say Catherine Livingston and Elena Kaplan of Jones Day.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • How Trump's Birth Control Rules Run Afoul Of The APA

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    Federal courts in California and Pennsylvania recently halted implementation of two Trump administration regulations that exempt employers from the Affordable Care Act's so-called contraceptive mandate, illuminating several strictures that the Administrative Procedure Act places on rule-making, says Steven Gordon of Holland & Knight LLP.

  • Event Cancellation Claims May Follow Gov't Shutdown

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    The recent government shutdown meant that parks, monuments and government buildings closed as well, interfering with weddings, corporate events, concerts and fundraising events. Claims arising from event cancellation policies will likely arise in the near future, say Jonathan MacBride and Isabella Stankowski-Booker of Zelle LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.