• October 20, 2017

    Sedgwick Loses Bermuda Office To Kennedys

    The Bermuda office affiliated with Sedgwick LLP has severed ties with the firm and allied with Kennedys, marking the latest departure of senior-level insurance talent from the troubled Sedgwick.

  • October 20, 2017

    Greenberg's Co. Asks High Court To Hear AIG Bailout Row

    The company led by former American International Group Inc. CEO Maurice "Hank" Greenberg urged the U.S. Supreme Court to review an appeals court’s decision that found the firm lacked standing to pursue claims against the federal government over the 2008 bailout of AIG, saying the decision amounts to an “egregious injustice.”

  • October 20, 2017

    Trump Admin Fights Dem AGs' Bid To Restore ACA Subsidies

    The Trump administration on Friday urged a California federal judge not to quickly restore funding for Affordable Care Act subsidies that reduce copays and deductibles, arguing that a new lawsuit from Democratic attorneys general is procedurally improper.

  • October 20, 2017

    Mercury Takes Calif. Insurance Rate Fight To Supreme Court

    Mercury Casualty Co. and insurance trade groups urged the U.S. Supreme Court to intervene in a legal fight against California’s insurance commissioner, arguing that the California Court of Appeal wrongly ruled that government rate regulations are "constitutionally confiscatory" only if they create financial distress.

  • October 20, 2017

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

    The last week has seen a dispute between the last standing shareholder group in the RBS rights issue case and one of its funding claimants, a Law Society suit over financial transactions, and more competition claims against Visa and MasterCard. Here, Law360 looks at those and other new claims in the U.K.

  • October 20, 2017

    Stop-Gap Policy Covers Worker's Claim, W.Va. Justices Say

    West Virginia’s highest court found Thursday that First Mercury Insurance Inc. owes a defense to Kimes Steel Inc. in an underlying suit over a steelworker’s mangled hand, affirming a lower court’s decision that the exclusion in a stop-gap policy the insurer relied on to deny the claim was ambiguous and therefore void.

  • October 20, 2017

    HHS Looks To Dodge $1.5B Pharmacy Antitrust Suit

    The U.S. Department of Health and Human Services on Friday said that it should not have to face a $1.5 billion antitrust lawsuit brought against Chicago pharmacies, saying that no claims in the suit even mention the department, according to a filing in Illinois federal court.

  • October 20, 2017

    Mass. Hospital Double-Booked Surgeries, Whistleblower Says

    A former Massachusetts General Hospital anesthesiologist on Thursday told a federal judge that she's sufficiently shown in her qui tam suit that the hospital violated the False Claims Act when double-booking surgeries, even though she hasn't been able to provide a specific bill charging the government for those patients. 

  • October 20, 2017

    Texas Justices OK Atty's Disbarment For Fake Crash Scam

    The Texas Supreme Court on Friday sided with the state bar's Board of Disciplinary Appeals in its decision to disbar a Houston attorney who pled guilty to participating in a criminal organization that fabricated a car crash and accompanying medical bills, rejecting the attorney's bid for judicial review.

  • October 20, 2017

    5 Key Insurance Questions For Wineries Hit By Wildfires

    As northern California wineries look to recover from devastating October wildfires that scorched a wide swath of the state’s famed Napa and Sonoma wine country, they will face a host of insurance issues, including whether coverage is available for smoke-tainted grapes and how much they can recover for business interruption.

  • October 20, 2017

    Dems Float Bills To Roll Back HHS' Birth Control Exemptions

    Dozens of Democratic lawmakers on Thursday introduced bills in the U.S. Senate and House of Representatives that would roll back the Trump administration’s recent rules allowing employers to claim religious or moral objections to the Affordable Care Act’s contraception mandate.

  • October 20, 2017

    Taxation With Representation: Skadden, Sullivan, Wachtell

    In this week’s Taxation With Representation, Assurant shelled out $1.9 billion for The Warranty Group, Siris snapped up Synchronoss for $1 billion, Aramark acquired Avendra and AmeriPride for $2.35 billion, and Impax and Amneal combined to create a $1.75 billion generics maker, the nation’s fifth-largest.

  • October 19, 2017

    Benefits Co. Rips Injunction Bid In $1.5B Antitrust Suit

    Benefits manager Prime Therapeutics blasted a Chicago neighborhood pharmacy’s request for an injunction in Illinois federal court Thursday amid a $1.5 billion antitrust lawsuit against it and Walgreens, arguing the pharmacy had no grounds to force it to do business with it.

  • October 19, 2017

    Bipartisan Health Care Bill Gets More Senate Support

    A bipartisan, short-term health care bill gained more support Thursday from two dozen senators, as they have pushed for swift passage of a deal to stabilize the Affordable Care Act's individual markets before the end of the year.

  • October 19, 2017

    Ace Insurance Gets Nod For $9.8M TCPA Class Settlement

    A Florida federal judge on Wednesday approved a $9.76 million settlement that Chubb Ltd. unit Ace American Insurance will pay to end a consumer class action accusing it of placing calls to numbers on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

  • October 19, 2017

    Ex-Mass. Rep. Can't Nix Convictions Under High Court Ruling

    A former Massachusetts legislator lost his latest attempt Wednesday to undo decadesold convictions stemming from his failure to disclose gifts he received from an insurance industry lobbyist while holding public office, when a federal judge rebuffed his argument that the U.S. Supreme Court’s landmark McDonnell decision invalidated them.

  • October 19, 2017

    Road Designer's Policy Excludes Crash Death Suit: 11th Circ.

    The Eleventh Circuit ruled Thursday that a landscape architect's insurance policy with Travelers does not provide coverage for an underlying lawsuit blaming an intersection design for the death of a child, saying there is no ambiguity in a professional-services exclusion.

  • October 19, 2017

    9th Circ. Says AIG Unit Owes Interest On $4M Judgment

    The Ninth Circuit on Thursday found an AIG Inc. unit does owe prejudgment interest on a $4 million judgment to the founder of a nutritional supplement maker, saying limits on the interest on judgments do not apply to judgments against the insurer.

  • October 19, 2017

    Insurer Keeps Blackfeet Housing Row Out Of Tribal Court

    A tribal corporation that provides risk-sharing self-insurance was granted a quick win in New Mexico federal court Thursday against a Blackfeet Nation housing entity over the jurisdiction of a coverage dispute involving damaged housing, winning a bid to bar any further litigation of the matter in the Blackfeet Tribal Courts.

  • October 19, 2017

    Real Estate Rumors: Katie Couric, ESG Kullen, Windhaven

    Katie Couric has reportedly sold her New York Park Avenue apartment for $8.25 million, real estate investment firm ESG Kullen is said to have dropped $17.9 million on 118 condo units in Florida, and auto insurance firm Windhaven has reportedly bought a Florida office complex for $10.35 million.

Expert Analysis

  • NY Commercial Division Rule Changes Promote ADR Use

    Christopher Palermo

    Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.

  • Undertaking Property Repair Or Replacement As An Insurer

    Brian Devilling

    When it comes to paying for damaged property, perhaps the riskiest option is undertaking repair or replacement of the property. Insurers must carefully evaluate their potential liability, which may outweigh the marginal savings, say Brian Devilling and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • In The End, Pa. Supreme Court Only Clarifies Bad Faith Law

    Jonathan MacBride

    Although the initial response to the Pennsylvania Supreme Court's recent decision in Rancosky v. Washington is that it significantly alters the state's bad faith law, closer examination shows although the court had the opportunity to create a heightened standard of bad faith, its decision did not lower the bar for policyholders, say Jonathan MacBride and Laura Bartlow of Zelle LLP.

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 4th Circ. Weighs In On Recovering Overpaid Benefits

    Marianna Jasiukaitis

    The Fourth Circuit recently ruled in Retirement v. Brewer that overpayments of retirement benefits to defined benefit pension plan participants were recoverable. The case boiled down to whether an optional lump sum benefit was an unsubsidized lump sum based on a normal retirement annuity and not an early retirement annuity, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • New Insurance Platforms Arguably Require Producer Licenses

    Zachary Lerner

    Last week, the CEO of the National Association of Insurance Commissioners questioned Lemonade Insurance Company's peer-to-peer service, expressing concerns that Lemonade's partners may require a producer license. New, innovative ideas like Lemonade's platform can benefit potential insureds, but also present regulatory concerns, says Zachary Lerner of Locke Lord LLP.