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Insurance

  • November 16, 2018

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

    The last week has seen a new suit against Credit Suisse over debt investment, Kuwait's social security agency take on Man Group, and Allianz and several food distributors sue one of the world's biggest container shipping companies. Here, Law360 looks at those and other new claims in the U.K.

  • November 16, 2018

    Texas Justices Won't Hear Cert. Row In Key Contractor Case

    The Texas Supreme Court on Friday stood by its decision to not hear a roofing contractor’s challenge to a ruling that certified a class of property owners who claim the company unlawfully acted as an insurance adjuster, leaving intact a decision that could impact all Texas contractors who negotiate insurance claims.

  • November 15, 2018

    AIG Must Cover Port Authority Asbestos Claims, Court Affirms

     A New York appeals court on Thursday affirmed that an AIG unit must defend the Port Authority of New York and New Jersey and several contractors against asbestos claims brought by construction workers on the original World Trade Center, agreeing with a lower court that coverage is triggered for claims tied to alleged asbestos exposures at the building site.

  • November 15, 2018

    Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

    An insurer may be held liable under New Jersey’s Consumer Fraud Act in a suit alleging a company agent fraudulently induced a woman into releasing one of its other customers from liability over a car crash, the Third Circuit said Thursday in a precedential opinion reviving her class action CFA claim.

  • November 15, 2018

    Life Settlements Firms Open Del. Ch. 11 As Debt Limit Nears

    Irish and Bermuda affiliates of specialty finance company Emergent Capital Inc. opened a Delaware Chapter 11 late Wednesday as their $2.8 billion life settlements investment subsidiary neared a collision with its $370 million borrowing limit.

  • November 15, 2018

    Insurer Can't Sue Renter Over RV Fire, Minn. Justices Say

    The Minnesota Supreme Court on Wednesday affirmed that a state statute bars Depositors Insurance Co. from suing the renter of a policyholder's RV to recover money it paid out after the vehicle spontaneously combusted.

  • November 15, 2018

    Judge Won't Quash AGs' Subpoenas In Generic Pricing MDL

    The New York and Connecticut attorneys general can keep sending subpoenas to drugmakers as part of their broader investigations into generic-drug price-fixing, a Pennsylvania federal judge has ruled, despite the drug companies’ concern the investigations were circumventing the discovery process for a sprawling multidistrict litigation.

  • November 15, 2018

    Deals Rumor Mill: Centrexion, Dayco, JD Group

    Centrexion Therapeutics Corp. has reportedly decided to postpone its plans to go public, Apollo Global Management and Gores Group have lobbed bids for engine parts maker Dayco Products, and JD Group is selling FTLife Insurance Co Ltd.

  • November 15, 2018

    DOJ Cuts Deal With Hospital In Patient-Steering Suit

    The U.S. Department of Justice announced Thursday it has struck a deal with a North Carolina hospital system in the department’s suit alleging the health care network used its stronghold in the local market to keep major health insurers from informing patients about lower-cost hospitals.

  • November 14, 2018

    Insurer Must Pay $11.6M Plane Crash Judgment, Judge Says

    A Kansas judge has ruled that the liability insurer for a pilot killed in a 2013 plane crash must cover an $11.6 million judgment entered against the pilot’s estate in a wrongful death lawsuit, finding that the insurer’s failure to promptly offer its $100,000 policy limit to settle the claim led to the massive award.

  • November 14, 2018

    Schorsch, Vereit Move Ahead In $18M Chancery Fee Fight

    A Delaware vice chancellor encouraged former real estate mogul Nicholas Schorsch, a Vereit Inc. affiliate and others to soldier on Wednesday in an $18 million fee advancement dispute linked to litigation over the meltdown of American Realty Capital Partners in 2015 

  • November 14, 2018

    DOJ Poised To Squeeze FCA Testimony From Anthem

    The U.S. Department of Justice is entitled to testimony from Anthem Inc. as part of a False Claims Act probe of potential Medicare Advantage fraud, a New York magistrate judge has decided.

  • November 14, 2018

    Insurance Trustee Fined $370K For Suing Life Partners

    A Texas bankruptcy court on Tuesday imposed more than $370,000 in fines and held in contempt a life insurance trustee who violated a court order not to launch new litigation over the ownership of insurance policies that were bought by Life Partners Holdings Inc.

  • November 14, 2018

    Rate-Setting Makes Insurer ERISA Fiduciary, 10th Circ. Told

    Counsel for a class of 270,000 retirement plan participants urged a Tenth Circuit panel to revive their suit against Great-West Life & Annuity Insurance Co. over its distribution of investment profits Wednesday, arguing that the insurer must be considered a fiduciary under the Employee Retirement Income Security Act.

  • November 14, 2018

    Capgemini's $990K Deal Gets Final Nod In Benefits Dispute

    A $990,000 settlement resolving a class action accusing Capgemini North America Inc. of cheating Indian national employees out of health care insurance cleared its final hurdle Tuesday when an Illinois federal judge granted final approval.

  • November 14, 2018

    Global Regulators To Review Risk Assessment Of Top Insurers

    A group of global insurance regulators on Wednesday proposed suspending publication of its list of systemically important insurers who must comply with tougher capital rules, saying it wants to review the way it assesses the size of capital buffers.  

  • November 13, 2018

    NJ Firm Can Drop Client In Insurance Fraud Suit

    A law firm was allowed to withdraw as counsel for a New Jersey homeowner Tuesday in an insurance fraud suit brought by mortgage lender Wilmington Savings Fund Society FSB, after a federal judge determined the defendant has not been responsive with her attorneys or paid her legal bills.

  • November 13, 2018

    Insured California Wildfire Losses May Top $6B, Report Says

    A spate of deadly wildfires that has scorched hundreds of thousands of acres in California may end up costing insurance companies $6 billion or more, according to a report issued Monday by Moody’s Investors Service Inc.

  • November 13, 2018

    Law Firm Says Staffer's Prior Employment Doesn't Warrant DQ

    A Texas law firm defended its involvement Monday in an insurer client's coverage dispute with a seed company, saying one of the firm’s support staff had indeed previously worked for the seed company but left long before the grounds for a coverage dispute were even known.

  • November 13, 2018

    Fla. Blue Cross Illegally Cornering ACA Market, Rival Says

    Blue Cross Blue Shield of Florida was hit with a suit on Tuesday claiming it has created an unlawful stranglehold on Affordable Care Act policies in the Sunshine State by having brokers agree not to carry policies from any other insurer.

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.