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Insurance

  • September 24, 2018

    Fla. High Court Bolsters Policyholders In Bad Faith Cases

    A divided Florida Supreme Court's recent decision reinstating a $9.2 million verdict against Geico over its handling of a fatal car crash claim strengthens policyholders' hand in bad faith cases by emphasizing that an insurer cannot escape liability by merely arguing it had complied with a "checklist" of obligations to its insured.

  • September 24, 2018

    Insurer Says It Needn't Cover Suits Over Fla. Bridge Collapse

    An insurer sued an engineering firm on Monday in Colorado federal court seeking a ruling that it does not have to provide coverage or defend the company in regard to four lawsuits over the deadly collapse in March of a pedestrian bridge it worked on near Miami.

  • September 24, 2018

    Prudential Nabs Win In Ex-Worker's Disability Benefits Row

    A New Jersey federal judge granted Prudential Insurance Co. of America a quick win in a suit over its denial of long-term disability benefits to a former employee, holding that the insurer hadn’t unreasonably stopped the benefits because of a 24-month limitation for disabilities stemming from mental illness.

  • September 24, 2018

    PE Firm Can't Dodge Insurer's Fraud Suit Over $100M Deal

    An Illinois federal judge on Monday ordered a private equity firm to face an insurer's fraud suit over a $100 million deal to buy an auto insurance network, saying the insurer sufficiently pled the firm hid its insurance underwriter's economic vulnerability before the transaction closed.

  • September 24, 2018

    Insurance Co.'s Noncompete Suit Off-Base, Ex-Employee Says

    A former employee of an Oklahoma insurance company said Monday that the firm's attempt to secure a restraining order from the Delaware Chancery Court to enforce the restrictive covenants of his employment agreement were unwarranted because he hadn't breached the deal.

  • September 24, 2018

    Hampton Inn Not Covered For $1M Water Damage, Judge Says

    A Hampton Inn owner is on the hook for nearly $1 million in repair costs after an Illinois federal judge ruled Monday that extensive water damage on the property isn’t covered by its insurance policy.

  • September 24, 2018

    Humira Kickback Claims Spawn Investor Suit Against AbbVie

    Just days after California regulators accused AbbVie Inc. of engaging in a massive kickback scheme that tainted $1.3 billion in insurance claims for its blockbuster immunosuppressant Humira, investors followed up with a potential class action accusing the drugmaker of defrauding them as well.

  • September 24, 2018

    Pa. Lacks Standing For ACA Birth Control Suit, 3rd Circ. Told

    The federal government on Friday told the Third Circuit that a Pennsylvania federal judge's temporary injunction halting a Trump administration policy expanding a religious exemption to the Affordable Care Act contraception mandate should be reversed because Pennsylvania has no standing in the matter and suffered no irreparable harm.

  • September 24, 2018

    Norwegian Cruise Co. Accused Of Travel Insurance Ruse

    Norwegian Cruise Lines got hit with a proposed class action Friday in Florida federal court alleging the company reaped concealed kickbacks via the sale of travel insurance policies and deceptively marketed the scheme that unfairly passed on the cost of inflated premiums to consumers.

  • September 24, 2018

    Seafood Co., Insurer Settle Dock Collapse Coverage Fight

    Chubb Custom Insurance Co. and Copper River Seafoods Inc. told an Alaska federal court on Friday that they have agreed to settle a dispute over the insurer’s alleged failure to compensate the seafood company for a building collapse under a policy with a $15 million limit.

  • September 21, 2018

    Class Alleges Genworth Is Sinking Own Long-Term Care Unit

    Insurance holding company Genworth Financial was hit with a putative class action in Delaware Chancery Court on Friday by holders of long-term care policies from one of its subsidiaries, who allege that the parent company is sabotaging their benefits by fraudulently transferring the subsidiary’s assets to its other units.

  • September 21, 2018

    High Court Case On ERISA Burden Ends In Settlement

    A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.

  • September 21, 2018

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

    The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.

  • September 21, 2018

    QBE Gets 2nd Chance At Force-Placed-Insurance Coverage

    A New York state appeals court revived a suit by insurer QBE against other insurers over coverage for sprawling underlying litigation over lender-placed homeowners' insurance, saying a contract was misread to grant summary judgment.

  • September 21, 2018

    Employer, Insurer Can't Exit Ex-Worker's Trans Son's ACA Suit

    A Minnesota federal judge has refused to let HealthPartners Inc. and Essentia Health escape claims from the transgender son of a former Essentia nurse practitioner over a health plan he alleged excluded gender transition-related health services, but let the companies out of the mother’s claim.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long-term unfair practices but also to singular violations.

  • September 21, 2018

    Alaska Court Defers Ruling, Trims Claims In Dock Collapse

    An Alaska federal court has granted partial summary judgment to both Chubb Custom Insurance Co. and Copper River Seafoods Inc. in a dispute over the insurer’s alleged failure to compensate the seafood company for a building collapse under a policy with a $15 million limit, trimming claims against the insurer while also tossing some of its defenses.

  • September 21, 2018

    GE Unit Wants Full 11th Circ. To Decide $45M Steel Plant Row

    A French unit of General Electric Co. urged the Eleventh Circuit on Thursday to revisit its decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' dispute over allegedly faulty motors, arguing that international arbitration law doesn't preclude non-signatories from enforcing an arbitration agreement.

  • September 21, 2018

    Taxation With Representation: Gibson, Hogan Lovells, Mayer

    In this week’s Taxation with Representation, Enbridge simplified its corporate structure with $7.1 billion in deals, Adobe bought Marketo for $4.75 billion, Univar snapped up Nexeo for $2 billion, and Western & Southern Financial Group acquired Gerber Life Insurance for $1.6 billion.

  • September 20, 2018

    Kaiser Unit Beats Part Of Ex-Worker's Bias Suit

    A Maryland federal judge on Thursday partially dismissed a bias suit alleging a Kaiser Permanente subsidiary illegally fired a worker who complained to the U.S. Equal Employment Opportunity Commission that his supervisor harassed him because of his gender.

Expert Analysis

  • The Insurance And Tax Consequences Of Settling FCA Cases

    Andy Liu

    When you settle a False Claims Act case, will you have to pay the money out of pocket, or could some or all of it be covered by insurance? Can you write off some or all of the amount from your taxes? ​​​​​​​Andy Liu and Jason Lynch of Nichols Liu LLP address these questions and survey the relevant case law.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Medidata And American Tooling Courts Misunderstood Tech

    Joshua Mooney

    While some believe that two recent circuit court decisions — Medidata Solutions and American Tooling — represent a shift toward broadening insurance coverage for phishing attacks, the courts' imprecise interpretation of "integrity" and "instructions to" a computer system casts doubt on whether the decisions will stand, says Joshua Mooney of White and Williams LLP.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Telemedicine — The Next Frontier For DOJ Scrutiny?

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    CVS is the first major drugstore company to offer customers the option to use their smartphone to “see” a doctor. With the U.S. Department of Justice affording more resources to health care fraud prosecutions, telemedicine services are certain to attract the scrutiny of investigators, say Lionel André and Michelle Bradford of Murphy & McGonigle PC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Preparing For New Life Settlement Transactions Reporting

    Kristan Rizzolo

    Last year’s Tax Cuts and Jobs Act imposed a host of new information reporting requirements on participants in life settlement transactions. Those affected should put systems in place now to ensure they have the information they need when the filing requirements go into effect, say attorneys at Eversheds Sutherland LLP.