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Insurance

  • December 7, 2018

    2nd Magistrate To Weigh $2.4M Fee Bid In $294K ERISA Suit

    A Montana federal judge on Thursday replaced a magistrate overseeing a dispute over a request for $2.4 million in attorneys’ fees in an Employee Retirement Income Security Act claim because plaintiffs said the magistrate "actively" participated in a mediated settlement with a hospital retirement plan. 

  • December 7, 2018

    DC Circ. Revives Starr's $38M Tax Refund Suit

    Swiss insurer Starr International will get another crack at its bid for a $38.2 million U.S. tax refund after the D.C. Circuit ruled Friday that a lower court wrongly concluded that the case involved a political question outside its reach.

  • December 7, 2018

    J&J Can't Escape Retailers' Antitrust Suit Over Remicade

    Johnson & Johnson must face an antitrust suit accusing the drugmaker of foisting the brand drug Remicade on pharmacies and preventing them from carrying competing biosimilars, according to a Pennsylvania federal judge's ruling released Friday.

  • December 7, 2018

    CFPB Settles With State Farm Over Credit Reporting Errors

    The Consumer Financial Protection Bureau on Thursday settled claims that State Farm Bank FSB improperly obtained consumer reports and gave inaccurate information to credit-reporting agencies, ordering the federal savings association to implement corrective policies without any fines imposed — a move that's drawn the ire of consumer advocates.

  • December 7, 2018

    NJ Justices Take Up Geico's Challenge Of Auto Coverage Law

    The New Jersey Supreme Court has agreed to weigh Geico's challenge of a state statute requiring auto policies issued out of state to provide a minimum amount of bodily injury liability coverage when the insured drivers are involved in accidents in the Garden State, according to an order made public Friday.

  • December 7, 2018

    BCBS Mass. Gets Wilderness Therapy Coverage Row Trimmed

    A Massachusetts federal judge has agreed to trim a proposed class action against Blue Cross and Blue Shield of Massachusetts accusing the insurer of wrongly refusing to cover wilderness therapy treatment for policyholders’ children.

  • December 7, 2018

    Meet The Rigorous Judge Overseeing The CVS-Aetna Merger

    The D.C. federal judge pumping the brakes on the fast-moving merger of CVS Health Corp. and Aetna Inc. has a track record of aggressively scrutinizing government deals with big business, even if it means testing the boundaries of judicial power.

  • December 7, 2018

    Workers Comp Insurer, UK Reinsurers Settle Coverage Battle

    A Florida workers compensation insurer and a group of British reinsurers have agreed to settle a dispute over reinsurance payments for construction site injuries, six months after the Second Circuit asked a court to take a second look at whether a $1.5 million award against the reinsurers was tainted by an arbitrator's bias.

  • December 7, 2018

    MVP: Cozen O'Connor's Andrew Kay

    Andrew Kay's work with Thrivent Financial for Lutherans bore fruit over the past year for the life insurer and financial-products company with not one but two industry-affecting wins, making Kay one of Law360's 2018 Insurance MVPs.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Real Estate Rumors: LV Lending, Taconic, GLL

    LV Lending has reportedly provided a $10 million loan for a Florida retail project, a Taconic Investment venture is said to have bought a New York property for $269 million with financing from MetLife, and German fund GLL Real Estate Partners has reportedly sold a Florida office building for $25.1 million.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 7, 2018

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

    The last week has seen an African import-export bank sue Nigerian airline Airik, Jaguar and several major insurers sue an auto shipping specialist and a Brazilian energy executive lodge a claim against a unit of Swiss bank Rothschild. Here, Law360 looks at those and other new claims in the U.K.

  • December 6, 2018

    $23M Suit Over Energy Asset Sales Not Covered: 8th Circ.

    The Eighth Circuit on Thursday affirmed the dismissal of an oil services company's case against an insurer over underlying $23 million unfair-competition claims, saying a lower court was right that coverage was not available.

  • December 6, 2018

    8th Circ. Upholds Homeowners' Cert. In Row With State Farm

    The Eighth Circuit on Thursday upheld a lower court’s order certifying a class of Arkansas homeowners who say State Farm illegally deducted “labor depreciation” from their home insurance payouts, finding that class treatment is warranted because the plaintiffs’ claims revolve around a common legal question.

  • December 6, 2018

    Ex-5Linx CEO To Serve 14 Months For Fraud, Pay $2.4M

    Former 5Linx CEO Craig Jerabeck was sentenced to 14 months in prison and ordered to pay $2.3 million in restitution to investors of the multilevel marketing company who were bilked out of the same amount over a period of six years, the U.S. Department of Justice announced Thursday.

  • December 6, 2018

    AmTrust Says Switching Auditors Doesn't Equal Fraud

    AmTrust Financial Services urged a New York federal judge Wednesday to toss a second amended complaint alleging its 2017 financial restatements led to a stock price drop for which it is now responsible, saying switching auditors and adhering to the new auditor's accounting standards is not securities fraud.

  • December 6, 2018

    MVP: Quinn Emanuel's Jane Byrne

    Jane M. Byrne guided three companies through a rare insurance trial and secured several victories outside of court this year, adding to her already crowded list of achievements and landing the Quinn Emanuel Urquhart & Sullivan LLP attorney among Law360's 2018 Insurance MVPs.

  • December 6, 2018

    Axis Needn't Cover Patriarch In SEC Probe, 2nd Circ. Affirms

    The Second Circuit on Thursday affirmed that Axis Insurance Co. doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of a U.S. Securities and Exchange Commission investigation and enforcement action, saying coverage is barred because Patriarch was aware the SEC had the firm in its crosshairs before the Axis policy went into effect.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

Expert Analysis

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Ohio High Court Enters Debate On Faulty-Work Insurance

    Jonathan MacBride

    In Ohio Northern v. Charles Construction, Ohio's Supreme Court recently went against the prevailing trend of courts being more inclined to find that a subcontractor's faulty workmanship can be an occurrence under a commercial general liability policy, says Jonathan MacBride of Zelle LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Climate Change Forecasts Trouble For The Insurance Industry

    Jeffrey Gordon

    The greater frequency and severity of weather-related catastrophes in areas with increasing property values present significant challenges for the insurance industry, especially in cities like Boston that are particularly susceptible to rising sea levels, says Jeffrey Gordon of Zelle LLP.

  • New CMS Rules Reinforce Trend Away From Traditional Care

    Michael Lampert

    Two new rules from the Centers for Medicare & Medicaid Services bring changes that collectively reflect movement toward promoting site neutrality and opening all telehealth services to Medicare reimbursement, say attorneys at Ropes & Gray LLP.

  • FinCEN Tightens The Net On Illicit Real Estate Deals

    Thomas Delaney

    Geographic targeting orders released this month indicate that the Financial Crimes Enforcement Network remains concerned about money laundering risks in the real estate sector — and the anonymity of transactions that use virtual currency, say attorneys with Mayer Brown LLP.

  • Illinois Tax Talk: Apportioning Insurance Company Income

    Christopher Lutz

    While most corporations are required to follow the standard statutory formula for corporate income tax apportionment, insurance companies have to apportion their income to Illinois according to special rules, says Christopher Lutz of Horwood Marcus & Berk Chtd.

  • Property Insurance Considerations For Green Energy Storage

    Jeffrey Weinstein

    While battery storage for renewable power sources is pushing the boundaries of new technology, an overarching issue the property insurance industry must face is what happens if it fails or malfunctions, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Greengrass LLP.