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Insurance

  • May 22, 2018

    TRW Auto Challenges Retiree Benefits Award At 6th Circ.

    The U.S. arm of TRW Automotive Holdings Corp. urged the Sixth Circuit on Monday to reject an arbitrator’s award of free health care for life to retirees, arguing that nothing in the automotive company’s collective bargaining agreement with its union staff entitled retirees to that level of benefits.

  • May 22, 2018

    Atty Overbilling Suit Not Covered By Insurance: 10th Circ.

    The Tenth Circuit declined to revive a dispute between a Colorado foreclosure attorney and his insurance company, ruling that the lower court was right to find the company did not have to defend the lawyer from a class action over alleged overbilling.

  • May 22, 2018

    Allstate Takes Kia Trademark Battle To 9th Circ.

    Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.”

  • May 22, 2018

    Express Scripts Beats Investor Suit Over Anthem Disclosures

    Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares.

  • May 22, 2018

    9th Circ. Urged To Keep ACA Birth Control Rules Blocked

    The states of California, Delaware, Maryland, New York and Virginia told the Ninth Circuit on Monday that a California federal judge was right to block Trump administration rules letting employers forgo covering birth control under the Affordable Care Act by claiming moral or religious opposition to its use.

  • May 22, 2018

    Swiss Insurer Counters IRS Use Of Treaty Test In $38.2M Row

    A Swiss insurer fighting for a $38.2 million tax refund under a treaty with the U.S. told the D.C. Circuit on Monday that the IRS is butchering the meaning of the words in a test used to confer treaty benefits.

  • May 22, 2018

    Olin, Insurer Ask Rakoff To Explain Ruling On $130M Award

    Lamorak Insurance Co. and Olin Corp. are haggling over the meaning of a ruling last month that directed the insurer to pay the chemical producer $130 million to cover clean-up costs at contaminated sites, with both parties asking the court what exactly it meant by “final order.”

  • May 22, 2018

    ALI Gives Final OK On Liability Insurance Guidelines

    The American Law Institute on Tuesday approved a final draft of guidelines designed to help courts navigate liability insurance cases, bringing the oft-controversial eight-year-old project to a close.

  • May 22, 2018

    Atty In Pella Window Suit Seeks $1.5M Fees After Deal Hike

    The attorney who represented an objector to a settlement in a class action accusing Pella Corp. of making windows that leak and cause rot asked an Illinois federal court Monday to approve $1.5 million in attorneys' fees for his work on the appeal he claims resulted in a $15 million increase to land the consumers $25.75 million.

  • May 22, 2018

    Swiss Re Weighs Options In Iran Amid US Sanctions Fears

    Reinsurance giant Swiss Re said Tuesday that it is examining its options for future business in Iran following the threat of U.S. sanctions, as European insurers become increasingly wary of carrying on trade with Tehran.

  • May 21, 2018

    Hartford Beats Appeal In $6.5M False-Ad Deal Coverage Fight

    A California appeals court on Monday refused to revive Vogue International LLC’s suit asking Hartford Casualty Insurance Co. to cover a $6.5 million settlement of a proposed class action accusing the hair care company of falsely marketing its Organix products as organic, saying it is bound by a Florida court’s prior ruling in Hartford’s favor.

  • May 21, 2018

    Highmark Fights Cert. In Antitrust Suit Over Insurance Rates

    Highmark Inc. slammed a hotel company’s bid for class certification in an antitrust row over allegations the health insurer conspired with the University of Pittsburgh Medical Center to restrict competition for small-group insurance plans, saying Friday in Pennsylvania federal court the company failed to identify an “ascertainable” class.

  • May 21, 2018

    9th Circ. Revives Office Depot's Coverage Battle With AIG

    The Ninth Circuit on Monday revived Office Depot Inc.'s bid to force an AIG unit to cover its costs in a suit alleging it violated the California False Claims Act by overbilling public agencies, rejecting a lower court's conclusion that claims brought under the CFCA are innately subject to a state law barring insurance for deliberate wrongful conduct.

  • May 21, 2018

    High Court Won't Revive Oil Rig Indemnity Claim

    The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.

  • May 21, 2018

    Icahn Cries Foul On AmTrust's $2.7B Go-Private Deal

    Activist shareholder Carl Icahn hit AmTrust Financial Services Inc. with a suit in Delaware Chancery Court on Monday claiming its proposed $2.7 billion go-private deal undervalues the insurance giant while financially benefiting the family at its helm, saying the record backing the merger price has been manipulated.

  • May 21, 2018

    Ex-Ogletree Atty With Brain Injury Sues Over Benefit Cutoff

    A former employment lawyer at Ogletree Deakins Nash Smoak & Stewart PC has sued the firm and an insurer in a California federal court, alleging she was improperly denied disability benefits after suffering a debilitating brain injury.

  • May 18, 2018

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

    The last week has seen two individuals bring a personal injury claim against two insurers and a yacht company after a fatal boating accident in 2014, a cryptocurrency exchange sue another exchange over IP rights, and the export arm of Philip Morris sue British lender NatWest. Here, Law360 looks at those and other new claims in the U.K.

  • May 18, 2018

    Axis Win In $2M Truck Crash Coverage Row Upheld In 5th Circ.

    The Fifth Circuit on Friday found Hartford Insurance Co. owes $2 million in coverage for a Louisiana truck accident, rejecting its argument that the wording of the policy limits the kind of vehicles covered.

  • May 18, 2018

    Skeloses Get Docs That Could Undermine Developer Witness

    A federal judge ordered a Manhattan developer's general counsel to hand over documents on Thursday that she said could “undermine” testimony expected at the upcoming corruption retrial of New York State Senate Majority Leader Dean Skelos and his son Adam.

  • May 18, 2018

    Fla. Health Center Owners To Serve Time, Pay $4M For Fraud

    The former owners of a substance abuse treatment center in Florida were sentenced to prison and ordered to pay $4 million for a scheme that defrauded health care programs through false claims and kickbacks, the U.S. Department of Labor’s Employee Benefits Security Administration announced Thursday.

Expert Analysis

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Who's Liable For A Crash When It's The Car Driving?

    Jim Jordan

    In a fully autonomous vehicle, a passenger's reaction to a traffic emergency is as irrelevant as her ethical calculations about potential injuries to herself and others. But if she agreed in advance to the safety protocols in the vehicle's programming, could she share liability in an accident? No one knows the answer yet, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Insurers Cannot Rely On 'Absurd' Exclusion Applications

    Karthik Reddy

    An Indiana district court's recent decision in Emmis v. Illinois National illustrates the absurdity of broadly construing interrelated wrongful acts exclusions and reminds policyholders that they need not accept an insurer's broad application of policy exclusions that would result in nonsensical coverage determinations, say Karthik Reddy and Matthew Jacobs of Jenner & Block LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Should We Trust The Fiduciary Rule Is Gone?

    Robert Stone

    The U.S. Department of Labor's fiduciary rule has been challenged in court by various organizations on grounds that the agency exceeded its authority in promulgating it. Those challenges culminated in a recent decision by the Fifth Circuit to vacate the rule in U.S. Chamber of Commerce v. DOL, say Robert Stone and Shannon Smith of Katten Muchin Rosenman LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.