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Insurance

  • June 15, 2018

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

    The last week has seen AIG lodge a claim against a major European construction operation, two Hong Kong asset managers sue Noble Group, and a new suit against RBS and NatWest. Here, Law360 looks at those and other new claims in the U.K.

  • June 15, 2018

    Association Health Plan Rule Almost Ready For Prime Time

    Twenty Republican senators encouraged the U.S. Department of Labor on Friday to pull the trigger on a rule allowing small businesses to band together to create employee health plans, urging the agency to publish the finished rule now that the White House Office of Management and Budget has approved it.

  • June 15, 2018

    $300M Pellet Facility Bankruptcy Suit Kicked To Fed. Court

    A federal magistrate judge in Louisiana has removed a lawsuit from state court against a German insurance company that issued a policy covering a now-bankrupt $300 million heating pellet facility, finding that the matter invokes an international arbitration clause.

  • June 15, 2018

    Insurers Fight Over Coverage For Man's Spine Injuries

    The insurer of a building where a worker alleges he was seriously injured has asked a Pennsylvania federal court to order Liberty Mutual Insurance, which provides an underlying umbrella liability policy, to own up to the policy's full $5 million of additional coverage and not just the $1 million it says it's responsible for.

  • June 15, 2018

    Aetna Hit With Class Suit Over Wilderness Therapy Coverage

    Aetna Life Insurance Co. has flouted the terms of two of its health plans by denying coverage for mental health and substance abuse treatment at wilderness programs and residential treatment centers, according to a proposed class action filed in Florida federal court Thursday.

  • June 15, 2018

    Biggest Insurance Decisions Of 2018: Midyear Report

    The first six months of the year yielded rulings on many critical insurance issues, including the New York high court’s holding that an insurer cannot be held liable for a policyholder’s cleanup costs for years in which no pollution insurance was available and a Washington appeals court’s decision that insurance adjusters can be sued for bad faith. Here, Law360 looks at five of the biggest insurance decisions from the first half of 2018.

  • June 14, 2018

    Anthem Breach Attys' $38M Fee Ask ‘Overreach,’ Judge Says

    U.S. District Judge Lucy Koh on Thursday put the screws to attorneys requesting $37.9 million in fees for work done on the Anthem Inc. data breach litigation, saying they “overreached” and asking why 26 law firms representing the named plaintiffs needed to subcontract work to another 27 firms.

  • June 14, 2018

    NRA Asks To Depose NY Regulator In Discrimination Suit

    The National Rifle Association said Thursday that it wants to depose New York’s top financial services regulator to help it prepare its bid for a preliminary injunction in its suit accusing her of working with Gov. Andrew Cuomo to squash the gun rights advocacy organization by cutting it off from financial services.

  • June 14, 2018

    Insurers, Doctors, Hospitals Assail GOP's New ACA Challenge

    More than two dozen trade groups representing insurers, medical providers, hospitals and consumers on Thursday told a Texas federal judge the country’s entire health care sector would be thrown into chaos if the court strikes down the Affordable Care Act’s pre-existing condition protections.

  • June 14, 2018

    GEICO Customers Get Quick Win In Car Tax Payment Suit

    A Florida federal judge on Thursday granted a quick win to a class of GEICO customers alleging the insurance company failed to pay for sales tax and transfer fees on leased vehicles when they were totaled, saying contracts did not make a distinction between owned or leased vehicles.

  • June 14, 2018

    Insurers To Pay Minn. Diocese $15M For Sexual Abuse Claims

    The Diocese of Duluth on Wednesday asked a Minnesota bankruptcy court to approve settlements totaling more than $15 million with a pair of insurers to end their disputes over coverage for sexual abuse claims against local clergy.

  • June 14, 2018

    Katten Guides AIG Unit's $80M Hudson Yards Loan To Moinian

    Katten Muchin Rosenman LLP represented AIG subsidiary American General Life Insurance Co. in connection with its $80 million loan to Moinian Group for an office and retail tower project on 11th Avenue in Manhattan, according to records made public in New York on Thursday.

  • June 14, 2018

    5th Circ. Reverses Life Insurance Benefits Denial

    A Fifth Circuit panel has determined that Life Insurance Co. of North America must pay life insurance benefits to a widow whose husband died in a car crash, holding there wasn't enough evidence to support the insurer's argument it could deny them because the accident was caused in part by intoxication or drug abuse.

  • June 14, 2018

    Fla. Justices Urged To Stay Out Of Public Records Dispute

    Florida urged the state’s Supreme Court on Wednesday not to take up an appeal by two law firms that say an appellate court erred in upholding a public records exemption protecting certain personal information held by the state’s financial services agency for participants in two real estate insurance programs.

  • June 14, 2018

    5th Circ. Urged To Revive Wrongful Death Insurance Row

    Indian Harbor Insurance Co. on Wednesday asked the Fifth Circuit to overturn a lower court’s ruling releasing Gray Insurance Co. from its duty to defend in a wrongful death suit after it reached an agreement with the survivors, saying the agreement didn’t end the suit.

  • June 14, 2018

    US Doesn't Owe ACA Money To Insurers, Fed. Circ. Rules

    Health insurance companies are not entitled to billions of dollars in Affordable Care Act funding that Congress has withheld, the Federal Circuit ruled Thursday.

  • June 13, 2018

    Insurer Off Hook For Builder's $5M Retaining Wall Damage

    National Union Fire Insurance Co. doesn’t have to pay for a subcontractor’s $5 million settlement tied to damage resulting from the installation of a retaining wall, a Maryland federal court ruled Tuesday, finding a “damage to impaired property” exclusion applies.

  • June 13, 2018

    Insurers Nab Fees In Suit Over Phyllis Schlafly's Benefits

    A New Jersey federal judge has signed off on bids from two insurance companies for a total of about $150,000 in attorneys’ fees and costs in a lawsuit brought by a son of the late conservative leader Phyllis Schlafly over more than $3 million in proceeds under policies on his mother's life.

  • June 13, 2018

    Travelers Can't Force Arbitration In Construction Row

    A Connecticut federal judge ruled Wednesday that Travelers Casualty & Surety Co. of America can't force an Israeli construction company and the prime contractor on a U.S. Army Corps of Engineers project to arbitrate a dispute over $1 million in alleged underpayments.

  • June 13, 2018

    Renter Slams 'Absurd' Dismissal Bid In Avis Insurance Row

    A consumer suing Avis Budget Car Rental LLC in a long-running class action over alleged insurance coverage fraud told a Florida federal court on Tuesday that the car rental company’s recent bid to toss the case relied on the “absurd” and contradictory position that she did not have standing to state a claim.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • NY Reg 187 Amendment May Not Be In Anyone’s Best Interest

    Patrick Gennardo

    The New York State Department of Financial Services has proposed an updated first amendment to its Regulation 187, imposing a "best interest" rule on life insurers and producers licensed in New York. However, the updated amendment may be difficult to enforce and could subject Regulation 187 to certain legal challenges, say attorneys at Alston & Bird LLP.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Companies Will Feel The Weight Of Team Telecom Oversight

    Megan Brown

    For years, a little-known group of federal agencies collectively known as "Team Telecom" has gone quietly about its oversight functions of risk assessment, mitigation and oversight. But as multiple parts of the government grapple with supply chain security, including concerns about Chinese-made communications equipment, companies should anticipate enhanced scrutiny and greater compliance obligations, say attorneys with Wiley Rein LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Protecting Your Construction Site During Hurricane Season

    Gina Lozier

    Builders risk insurance is critically important to building owners and contractors with ongoing construction projects, particularly during hurricane season. While expenses such as the cost to repair or replace loss or damage to physical property, materials and labor are more apparent, soft costs and time element coverage should also be considered, say Gina Lozier and Jeffrey Wertman of Berger Singerman LLP.