• March 14, 2018

    NJ Pharmacy Sues Insurer Over Lack Of Coverage

    A New Jersey pharmacy and its president have hit their insurance broker with a negligence suit in state court, blaming him for selling them a policy they say had gaping coverage holes that forced the pharmacy to settle an employee retaliation suit out-of-pocket.

  • March 14, 2018

    Lack Of Citibank Stamp Tanks $695M RMBS Suit, Judge Told

    The Federal Deposit Insurance Corp.’s failure to nab Citibank’s signature on its claims in a $695 million mortgage-backed securites suit should stop the suit in its tracks, the defendant banks told a New York federal judge in a brief on Tuesday, saying the amended complaint should be tossed.

  • March 14, 2018

    Insurer's $2.7M Suit Against Surveyors Too Late, Judge Says

    Commonwealth Land Title Insurance Co. brought claims against two surveyors too late, a D.C. federal judge said Tuesday, ruling the insurer’s $2.7 million negligence suit over faulty surveying was clearly barred by a three-year statute of limitations.

  • March 14, 2018

    Insurer, Heart Association Duck TCPA Texting Suit

    A Louisiana federal judge has nixed a proposed class action accusing a health insurance provider of duping consumers into signing up for informational texts that were really part of a charity's advertising scheme, saying the texts were solicited and clearly not commercial.

  • March 13, 2018

    NFL Board Must Redo Ex-Cornerback's Benefits Case

    A California federal judge on Monday ordered an NFL retirement plan board to re-evaluate former NFL cornerback Charles Dimry’s permanent disability benefits application after finding a plan board improperly defaulted to its appointed doctors when denying the player’s bid for benefits.

  • March 13, 2018

    Halliburton Need Not Arbitrate $12M Row, 5th Circ. Hears

    Halliburton Energy Services Inc. told the Fifth Circuit on Monday that a $12 million dispute with Ironshore Specialty Insurance Co. over losses from an oil well fire is not arbitrable because Halliburton and Ironshore never entered into a direct contract that called for arbitration between them.

  • March 13, 2018

    10th Circ. Sides With DOL In Row Over New Fiduciary Rule

    A Tenth Circuit panel Tuesday affirmed a decision upholding the U.S. Department of Labor's new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, agreeing with the lower court that the rule’s critics were given an opportunity to comment on it.

  • March 13, 2018

    FTC Seeks More Info On DaVita's $4.9B Sale to Optum

    DaVita Inc. has received a letter from the Federal Trade Commission seeking more information on the $4.9 billion sale of its independent medical clinic operator to UnitedHealth Group Inc. health services subsidiary Optum Inc. in order to gain regulatory approval, the company said in a filing Tuesday.

  • March 13, 2018

    Prudential Can't Pause ERISA Suit Over Payouts, Judge Rules

    A Pennsylvania federal judge on Monday denied Prudential Insurance’s bid to pause court proceedings during the company's Third Circuit appeal of his order certifying a subclass in an Employee Retirement Income Security Act suit over life insurance payouts.

  • March 13, 2018

    Oregon Enacts Drug Price Transparency Law

    Oregon’s governor on Tuesday signed legislation requiring drugmakers and health insurers to report extensive information about relatively pricey prescription drugs.

  • March 13, 2018

    Patriots Defensive End Sues Over Unpaid College Injury Policy

    A defensive end for the New England Patriots is claiming in a Texas state court suit that The Professional Athlete Insurance Group PLLC misled him about the terms of a “loss of value” policy and has wrongfully failed to pay a claim after he was injured during his last year of collegiate play.

  • March 13, 2018

    Cigna Must Face RICO Claims In Insured Price Suit

    A Connecticut federal judge on Monday kept intact the bulk of a putative class action alleging Cigna Health and Life Insurance Co. and others improperly pumped up the price of prescription drugs without informing customers, refusing to dismiss Racketeer Influenced and Corrupt Organizations Act claims against the insurer.

  • March 13, 2018

    NJ Hooters Must Arbitrate With Insurer Over Fatal Crash

    A Hooters restaurant located in an Atlantic City, New Jersey, casino hotel must arbitrate an insurer's claims for reimbursement of the benefits it paid in connection with a fatal car crash that was allegedly caused by a drunk patron, a state appeals court said Tuesday.

  • March 12, 2018

    Insurer Needn't Pay $6M To Defend Client's Bad-Faith Suit

    An Indiana federal court ruled Monday that insurer American International Specialty needn’t pay a $6 million claim that a client, another insurer, faced after its allegedly bad-faith handling of Texas medical malpractice claims against a doctor whom it insured resulted in a multi-million-dollar verdict against him.

  • March 12, 2018

    Patriot National Plan Disclosure Statement Approved In Del.

    Bankrupt insurance services provider Patriot National Inc. received court approval Monday in Delaware for a Chapter 11 disclosure statement detailing its proposed plan for a debt-for-equity swap with its secured lenders.

  • March 12, 2018

    9th Circ. Panel Wrestles With Email Scam Coverage Battle

    A Seattle-based seafood company urged a Ninth Circuit panel Monday to rule that Travelers must cover losses the company suffered when it was manipulated into wiring funds to a fraudster who posed as a vendor in emails, arguing its crime policy does not limit coverage to direct hacking incidents.

  • March 12, 2018

    Mass. AG Loses Fight Against Trump Contraception Rules

    A Massachusetts federal judge on Monday rejected the state attorney general's challenge to the Trump administration’s decision to let more employers deny women contraceptive coverage, saying Massachusetts may have hurt its own case by passing a law to reduce the decision’s impact.

  • March 12, 2018

    Idaho's Insurance Chief Dishes On His ACA End Run

    The Trump administration would be hard-pressed to show that Idaho’s closely watched bid to evade Affordable Care Act standards rises to the level of flouting the law, the state’s top insurance regulator tells Law360.

  • March 12, 2018

    Centene Hit With Suit Over $6.8B Health Net Buy

    An investor and a police pension fund hit Centene Corp. with a derivative lawsuit in Missouri federal court on Friday, claiming the Medicaid insurer knowingly misstated Health Net's business before its $6.8 billion merger and hid the fact that it was taking on millions in liability.

  • March 12, 2018

    Manning & Kass Enters Texas With 2-Lawyer Dallas Office

    Manning & Kass Ellrod Ramirez Trester LLP launched a Dallas office in early March with two partners from California experienced in general litigation, workers' compensation and military and veterans' issues, but plans to expand by hiring local talent.

Expert Analysis

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​