Insurance

  • January 19, 2018

    Government To Shut Down After Band-Aid Funding Falls Off

    The federal government is set to shut down early Saturday morning after Senate Democrats blocked a short-term funding measure, following a breakdown in spending negotiations and partisan wrestling over immigration policy.

  • January 19, 2018

    NY Judge Reverses Standing Ax In Excellus Breach Row

    The New York federal judge overseeing consolidated actions over a 2015 data breach at Excellus BlueCross BlueShield on Friday reinstated claims brought by customers who claimed their data had been exposed but not misused, reversing her earlier decision that these plaintiffs hadn't alleged an injury sufficient to establish Article III standing. 

  • January 19, 2018

    Lloyd's, SFA End $64M Dickstein Malpractice Coverage Row

    The Ninth Circuit on Tuesday dismissed a dispute between Lloyd's of London and SFA Group over responsibility for a $64 million malpractice judgment against a former Dickstein Shapiro lawyer, at the request of both parties.

  • January 19, 2018

    Hanover Off Hook For Costs In Dershowitz Defamation Suit

    Privilege Underwriters Reciprocal Exchange can’t force Hanover Insurance Group to cover its costs after both insurers paid to settle a lurid defamation suit against famed lawyer Alan Dershowitz involving claims of child sex slavery, a Florida federal court ruled Friday.

  • January 19, 2018

    MetLife Deal Could Imperil Future SIFI Designations

    Future financial regulators will have a more difficult time targeting nonbank financial firms for extra regulation after the Trump administration on Thursday agreed to include cost-benefit and other analyses in future designations of systemically important financial institutions, experts said.

  • January 19, 2018

    Liquidation Can't Be Reopened For Old Claim, NJ Panel Says

    The New Jersey Appellate Division on Friday affirmed a lower court’s finding that a Michigan state road agency can’t reopen a Garden State insurer’s decades-old liquidation case in order to recoup payouts from car crash claims, ruling that the insolvency was properly finalized.

  • January 19, 2018

    Insurance Group Of The Year: Debevoise & Plimpton

    Debevoise & Plimpton LLP had another year cranking out big M&A deals within the insurance sector and continuing its litigation work in suits like an investor class action against MetLife, making it a Law360 Insurance Practice Group of the Year.

  • January 19, 2018

    Fla. Panel OKs Bad Faith Claim Before Insurer's Appraisal

    A Florida appeals court on Friday declined to reconsider its reversal of a lower court decision that a State Farm policyholder filed his sinkhole damage suit too soon, finding there is nothing in the law saying he had to wait for State Farm’s appraisal.

  • January 19, 2018

    Insurer Needn't Cover Vandalism By Ex-Tenant, Court Says

    A New York federal judge on Thursday found Aspen American Insurance Co. does not have to cover vandalism to a New York restaurant by an evicted sublessee, saying that a policy exclusion for damage by people with access to the property applied.

  • January 19, 2018

    9th Circ. Asks Calif. Court About Insurance Interest Disclosure

    The Ninth Circuit on Thursday asked the California Supreme Court to weigh in on whether Northwestern Mutual Life Insurance Co. and other insurers are exempt from disclosing compound interest charges on policy loans.

  • January 19, 2018

    Lincoln Financial Drops $3.3B On Liberty Life Assurance

    Insurance and investments firm Lincoln Financial Group said Friday it has acquired Boston-based Liberty Life Assurance Co. from Liberty Mutual Insurance Group for $3.3 billion.

  • January 18, 2018

    MetLife, US Agree To End Appeal Over Stricter Regulatory Tag

    MetLife Inc. and the government on Thursday agreed to end an appeal of a judge’s order releasing the insurer from its status as a systemically important financial institution, ending a fight that fizzled after the Trump administration started easing regulations put into place after the financial crisis.

  • January 18, 2018

    West American Must Cover False Ad Suit, Nutiva Argues

    Nutiva Inc. urged a California federal judge Thursday to find that West American Insurance Co. and two other insurers must defend the food company against a putative class action alleging Nutiva misbrands its coconut oil as healthful, arguing the claims are covered by a “bodily injury” provision in the policy.

  • January 18, 2018

    Pella Prevails In Coverage Dispute With Liberty Mutual

    An Iowa federal court has ruled that Liberty Mutual Insurance Co. must foot the bill for Pella Corp.’s defense as the window maker fights dozens of product liability claims, a decision that ends one phase of the companies' contentious dispute and potentially unlocks millions in coverage for Pella.

  • January 18, 2018

    House OKs Spending Bill To Head Off Gov't Shutdown

    The U.S. House of Representatives on Thursday approved a short-term spending bill to keep the government funded for several more weeks, but the threat of a government shutdown loomed as the bill moved to the Senate, where passage remains uncertain.

  • January 18, 2018

    Surgery Center Fights Sanctions Bid In Antitrust Row

    Outpatient surgical center Marion HealthCare LLC on Wednesday hit back at claims that it improperly filed confidential information in its Illinois antitrust suit against Southern Illinois Healthcare, blaming the hospital chain for the accidental disclosure of contract information.

  • January 18, 2018

    Disney Keeps AIG Dispute Over 'Pink Slime' In Arbitration

    A California federal judge Thursday stuck with his decision to allow Disney to arbitrate with AIG over $25 million in coverage toward a settlement with a beef products company over an ABC report on “pink slime,” shooting down the insurer’s bid to vacate his earlier decision.

  • January 18, 2018

    Insurer Must Cover Employee Class Action, 9th Circ. Says

    The Ninth Circuit ruled Wednesday that an insurer must defend an insurance brokerage policyholder against employment-related claims because the underlying suit included discrimination allegations potentially covered by the policy, however minor or tangential those claims might be.

  • January 18, 2018

    3 Key Environmental Insurance Cases To Watch In 2018

    Insurance attorneys will be closely watching key environmental remediation coverage cases in 2018, including a battle at the California Supreme Court over the prerequisites for a pesticide manufacturer to tap into excess policies and an insurer's request for Pennsylvania's high court to ax a ruling expanding a chemical maker's cleanup coverage.

  • January 17, 2018

    Insurer's Bid To Avoid $11M Coverage Stays Alive

    A Pennsylvania federal judge refused Wednesday to dismiss a suit seeking a declaration that Homeland Insurance Co. has no duty to help out a behavioral-health facility hit with an $11 million verdict after a patient left and shot someone, saying the claims are sufficiently pled at this stage.

Expert Analysis

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • The Rise And Fall Of Statistical Sampling In RMBS Cases

    Amanda Lawrence

    In the early days of the residential mortgage-backed securities and repurchase litigation that followed the 2008 crisis, plaintiffs’ strategy of proving their allegations through statistical sampling was highly successful. However, in recent years, a new trend has emerged, say attorneys with Buckley Sandler LLP.

  • What To Do With Performance Bonds When Projects Default

    Gary Strong high rez.jpg

    Sureties have surety defenses which sometimes allow them to disclaim coverage under performance bonds. However, this often requires a long and lengthy litigation in which the surety must sustain multiple burdens of proof, says Gary Strong of Seiger Gfeller Laurie LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • Severe Weather Events Create Insurance Dilemmas

    Edward Murphy

    In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • Settlement Aspirations Enter The Opioid MDL

    Adam Fleischer

    Two freight trains driving the opioid multidistrict litigation appear to be on a collision course. Journalistic investigations have revealed much about what the pharmaceutical industry knew about the opioid crisis, but just this week, Judge Dan Aaron Polster of the Northern District of Ohio made clear his plans to push the matter toward a global resolution in 2018, say Adam Fleischer and Kevin Harris of BatesCarey LLP.

  • Will Ratepayers Or Shareholders Pay For California Fires?

    Mike Danko

    Northern California homeowners recently filed suit against PG&E Corporation, blaming its power lines for sparking wildfires that have destroyed more than 5,000 homes. If plaintiffs prove that the utility took shortcuts that placed profits over safety, victims’ compensation should come from the company's profits, not from ratepayers, say Mike Danko of Danko Meredith and Caroline Corbitt of Gibbs Law Group.