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  • September 12, 2018

    1st Circ. Questions BioChemics Strategy In SEC Probe Case

    The First Circuit prodded BioChemics Inc. on what it felt was an inconsistent argument Wednesday as the pharmaceutical company tried to flip a district court order denying coverage by Axis Reinsurance Co. for defending against a U.S. Securities and Exchange Commission investigation and enforcement action.

  • September 12, 2018

    Wachtell, Simpson Thacher Pilot Carlyle's $6.7B Sedgwick Buy

    The Carlyle Group, with help from Wachtell Lipton Rosen & Katz, has agreed to buy Simpson Thacher & Bartlett LLP-advised Sedgwick Claims Management Services Inc., which provides technology-enabled insurance claim management services to consumers and businesses, in a deal valued at roughly $6.7 billion, the companies said Wednesday.

  • September 12, 2018

    MEPs Propose Undercover Investigation Powers For EIOPA

    Europe’s top insurance regulator could be permitted to investigate companies undercover and record conversations in a sweeping expansion of its powers, under new legislative proposals before the European Parliament.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    Anthem Unit To Face Fiduciary Claims In Benefits Denial Suit

    An Anthem Inc. subsidiary must face allegations that it breached its fiduciary duties under the Employee Retirement Income Security Act with an exclusion for so-called wilderness therapy treatment, a New York federal judge ruled Tuesday, though the judge tossed the claims seeking to recover benefits from the insurer.

  • September 11, 2018

    Insurer Keeps Hidden-Camera Pic Coverage Suit In Fed. Court

    A West Virginia federal judge on Tuesday declined to dismiss an insurer’s suit seeking a judgment that it does not have to indemnify a university and a former women’s basketball coach sued in state court after the coach took photographs of players without their consent, finding it had jurisdiction over the case.

  • September 11, 2018

    No Quick Win For Insurer In Coverage Suit Over Contract Row

    An Oklahoma federal judge on Tuesday refused to let Federal Insurance Co. dodge a duty to cover a boiler maker in an underlying state court suit over its performance on a contract to build a water treatment system for the city of Altus, Oklahoma, saying conflicting evidence precludes a quick win.

  • September 11, 2018

    ERISA Industry Group Wants Delay Of ACA 'Cadillac Tax'

    The ERISA Industry Committee, an organization that represents large benefits plan sponsors, has urged lawmakers to pass a bill that will delay until 2023 the so-called "Cadillac tax," which imposes a 40 percent excise tax on high-cost, employer-sponsored health plans.

  • September 11, 2018

    Akerman Adds Ex-Federal Prosecutor In Fort Lauderdale

    Akerman LLP said Tuesday it has added a former special counsel to the U.S. attorney as a partner in its fraud and recovery practice group in Fort Lauderdale.

  • September 11, 2018

    3rd Circ. Creates Title Insurance Defense Duty Limits

    The Third Circuit has ruled that title insurers aren’t necessarily duty-bound to defend all claims that arise in a lawsuit targeting a policyholder, issuing a precedential decision in favor of Stewart Title Guaranty Co. in a mortgage company’s suit stemming from a defaulted loan.

  • September 11, 2018

    CNA Looks To End Long-Term Care Denial Suit With $5M Deal

    CNA Financial Corp. has agreed to pay up to $4.85 million to settle claims that it wrongly denied policyholders long-term care coverage and will alter its policies to cover assisted living facilities in certain states it had previously denied.

  • September 11, 2018

    Acquainted With Crash Victims, Judge Bows Out Of Case

    A Mississippi federal judge recused himself from an insurance dispute stemming from the crash of a private plane, saying he knows many of the six people who died on the plane or their families.

  • September 11, 2018

    Insurer Owes $1.2M Atty Fees In Construction Suit: 11th Circ.

    The Eleventh Circuit on Tuesday affirmed that Houston Specialty Insurance Co. will have to shell out $1.2 million in attorneys' fees to a construction firm and two of its employees after the insurer lost its coverage suit at trial over a contractor's injury.

  • September 11, 2018

    $250M State Farm Deal Could Spur More Campaign Cash Suits

    The eye-popping $250 million that State Farm will pay to settle claims it rigged an Illinois judicial election to overturn a $1 billion class action verdict likely will spur copycat suits over judicial campaign donations and the blurry lines of influence they yield, experts say.

  • September 11, 2018

    7th Circ. Says Insurer Doesn't Owe Plastics Co. $6.2M

    The Seventh Circuit on Monday declined to force an Illinois insurance company to come up with $6.2 million of the $7.2 million a plastics company was ordered to pay for a defective laminate covering that allegedly caused oil byproducts stored in containers to ignite, saying the plastics company never made the case that its product's failure and subsequent property damage hurt its customer's future profits.

  • September 11, 2018

    Travelers Flips $5M Award In Evidence Tampering Case

    Reversing a Nebraska federal court, the Eighth Circuit ruled Tuesday that a unit of The Travelers Cos. doesn't need to pay $5 million toward a default judgment against a Douglas County Sheriff's Office investigator who tampered with evidence in a murder case, finding the insurer's policy excludes indemnification for criminal acts.

  • September 11, 2018

    Marriott Fights Workers' Info Bid In COBRA Suit

    Marriott International Inc. asked a Florida federal court on Monday to throw out a bid for class information by former hotel workers suing over allegedly deficient notices about their rights to continued health care coverage under the Consolidated Omnibus Budget Reconciliation Act, arguing the motion is both premature and inaccurate.

  • September 11, 2018

    EU Watchdogs Warn Regulators To Plan For Brexit Contagion

    European regulators must gear up to prevent financial woes spreading between troubled securities, banking and insurance companies amid heightened risk from Brexit, three major financial watchdogs said Tuesday.

  • September 10, 2018

    Insurer Must Cover Plane Crash Death Suit, Judge Says

    U.S. Specialty Insurance Co. must defend an aerial advertising company in a wrongful death suit stemming from a 2016 incident in which a woman was killed by a severed power line when one of the company's pilots crash-landed in Detroit, an Ohio federal judge ruled Monday, rejecting the insurer's bid to apply a policy exclusion.

  • September 10, 2018

    Liberty Beats $2.3M Verdict In Battle Over Soured Merger

    A New York judge has thrown out a nearly $2.3 million jury verdict against a Liberty Mutual unit accused of wrongfully refusing to cover an officer of a Florida computer equipment company in litigation over a failed merger, finding Friday that a policy exclusion barred coverage for the underlying action.

Expert Analysis

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Plan Sponsors Should Consider Pension De-Risking

    Elliot Dinkin

    For some plan sponsors, the prospect of engaging in a pension risk transfer may seem cost-prohibitive. However, the cost of transferring risk is lower than what many sponsors perceive, says Elliott Dinkin of Cowden Associates Inc. 

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.