• February 20, 2018

    Colo. Justices Take Up $3M Insurance Appraisal Battle

    The Colorado Supreme Court on Tuesday agreed to hear Owners Insurance Co.'s challenge of a $3 million appraisal award to a condominium association for hail damage in a case that will address whether insurance appraisers are permitted to favor one party over another.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

  • February 20, 2018

    Justices Refuse Insurer's Costs Case In Junk-Fax Dispute

    The U.S. Supreme Court refused Tuesday to consider a Seventh Circuit decision that federal court was not the place to try to collect a Canadian legal costs award in a long-running dispute between Saskatchewan Mutual Insurance Co. and CE Design Ltd. over junk faxes.

  • February 20, 2018

    7th Circ. Urged To Revive Class Suit Over Background Checks

    A class of people accusing an Indiana-based insurance company of rescinding job offers to applicants after receiving their consumer reports urged the Seventh Circuit to revive their lawsuit Tuesday, saying they should have been able to pursue its adverse action claim even if U.S. Supreme Court precedent killed their claim over procedural error.

  • February 16, 2018

    Driver Exits Suit Over Drug-Fueled Crash Post-Settlement

    The Illinois Supreme Court on Friday affirmed two lower court opinions that allowed an intoxicated driver who caused a car crash that permanently injured a woman to settle with her and exit the suit, against the objections of a company whose truck driver was also involved in the accident.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    Health Care-Focused Blank Check Co. Prices $250M IPO

    Blank check company DFB Healthcare Acquisitions Corp., formed by investment firm Deerfield Management and led by a longtime health insurance CEO, said it raised $250 million in an initial public offering Friday to support the intended acquisition of a health care business.

  • February 16, 2018

    Insurer Says Utah Bank, Finance Co. Can't Duck Award

    Allied World Assurance urged federal courts in Utah and New York on Thursday to confirm an international arbitration award against the Bank of Utah and a finance company valued at $424,392 and argued that the separate cases should not be consolidated.

  • February 16, 2018

    Kindred Investors Seek To Stop Humana's $4.1B Acquisition

    A proposed class of Kindred Healthcare Inc. shareholders filed a memorandum Friday in Delaware federal court supporting their motion to halt the progress of a $4.1 billion acquisition of the company by Humana Inc. and two private equity firms until alleged deficiencies in a proxy statement are cured.

  • February 16, 2018

    Are Insurance Lawyers Ready For The ‘Year Of The Phish’?

    Social engineers who hack humans instead of computers are predicted to make this the “Year of the Phish,” and their evolving scams may well be outpacing your clients’ fraud coverage.

  • February 16, 2018

    Texas Justices Take Up Arbitration Question In Crop Case

    The Texas Supreme Court on Friday agreed to weigh whether Jody James Farms must arbitrate its dispute with insurance agency The Altman Group over an unpaid 2010 crop damage claim, after JJF argued there was no arbitration agreement between the parties.

  • February 16, 2018

    $12B ACA Case Strengthened By Trump Budget, Insurers Say

    Health insurers on Friday told the Federal Circuit that their legal fight for $12 billion in Affordable Care Act funds has been strengthened by a Trump administration budget request that suggests the funds are an obligation of the federal government.

  • February 16, 2018

    Travelers Let Off The Hook In Lease Row Over Roof Damage

    A Colorado judge let Travelers off the hook Friday from having to defend a college from a landlord’s claim that it failed to repair roof damage, saying the dispute was a breach of contract claim not covered by the policy.

  • February 16, 2018

    Honda Sued By Insurer Over Damage From Odyssey Fire

    Metropolitan Property and Casualty Insurance Co. has sued American Honda Motor Co. in New Jersey state court over a policyholder's car and house damage after a Honda Odyssey minivan allegedly burst into flames.

  • February 16, 2018

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

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    EquiTrust Hit With Suit Over Unauthorized Payout Fees

    EquiTrust Life Insurance Co. was hit with a putative class action in Florida federal court Wednesday by two policyholders who claim the company charges fees that aren't authorized in policy provisions when customers surrender or redeem their life insurance policies.

  • February 15, 2018

    Insurers Cleared To Subpoena Asbestos Claim Info In Ch. 11

    A New York bankruptcy judge has told Rapid-American Corp. it can’t stop the trio of insurance companies it claims failed to cover it from asbestos claims from subpoenaing the company’s claims handlers.

  • February 15, 2018

    Calif. Court Revives Insurance Row Over Bingo Device Fire

    A California appeals court found Wednesday that a lower court wrongly dismissed a bingo device supplier’s suit against its insurer stemming from a London fire started by a battery in a device, saying there is a potential for coverage in the future.

  • February 15, 2018

    10th Circ. Split Adds Wrinkle To NY Faulty Work Coverage Law

    The Tenth Circuit recently held under New York law that general contractor Black & Veatch Corp.'s liability policy covers damages resulting from a subcontractor's shoddy work, wading into an unsettled area of Empire State jurisprudence and likely setting the stage for the state's highest court to weigh in on the issue.

  • February 15, 2018

    Regulators To Review Enhanced Oversight Of Prudential

    U.S. financial regulators on Wednesday announced plans to review the designation of Prudential Financial Inc. for enhanced regulatory supervision, potentially paving the way for removing the insurer and asset manager from its designation as a systemically important financial institution.

Expert Analysis

  • A Look Back At Texas Insurance Law In 2017

    Jennifer Gibbs

    2017 was a busy year for insurance practitioners, legislators and jurists in Texas, bringing a number of long-awaited Texas Supreme Court opinions, a few notable opinions from the Fifth Circuit and the introduction and passage of legislation aimed at minimizing abuses in weather-related claim and litigation matters, says Jennifer Gibbs of Zelle LLP.

  • The 10 Most Significant Insurance Coverage Decisions Of 2017

    Randy Maniloff

    For the 17th consecutive year, Randy Maniloff of White and Williams LLP takes a look at this year's most notable insurance coverage decisions, based primarily on the cases' potential to influence other courts nationally, and discusses the potential impacts of these important cases.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    40 Years Of FCPA


    ​Dec. 19 marked the 40th anniversary of the Foreign Corrupt Practices Act. Catch up on this series featuring reflections from attorneys who have played a role in the evolution of FCPA enforcement, defense and compliance.​

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Opinion

    A Fair Rate Of Return Is Required When States Set Prices

    Trevor Burrus

    The U.S. Supreme Court should hear Mercury v. Jones in order to clarify the constitutionally required fair rate of return standard. When a business loses the freedom to operate according to free market principles, going out of business is not a "fair rate of return," say Trevor Burrus of the Cato Institute and Eric Ashby of the University of Michigan Law School.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Employers' Insurance Issues For Sexual Harassment Claims

    Micah Skidmore

    With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • DOL Fiduciary Rule — Still Very Much Alive

    Robert Gower

    While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.