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Insurance

  • June 4, 2018

    Lathrop Gage Hires 4 Insurance Pros For Los Angeles Office

    Lathrop Gage LLP expanded its Los Angeles office with the addition of Scheidemantle Law Group PC's team of four attorneys, who bring with them expertise in insurance recovery and product liability litigation, the firm said on Monday.

  • June 4, 2018

    Pa. Court To Rethink Axing $21M Insurance Bad Faith Award

    A Pennsylvania appellate court said Friday it will take a second look at the arguments for and against its decision to overturn a $21 million punitive damages award against Nationwide Mutual Insurance Co. in a 20-year dispute over an auto insurance claim.

  • June 4, 2018

    College Aims To Move Wrongful Death Suit By Athlete's Family

    A Massachusetts college that is a defendant in a New Jersey state court case in which the family of a football player who died of cardiac arrest after practice is claiming wrongful death has filed for removal of the case to federal court.

  • June 4, 2018

    High Court Won't Review NY Workers' Comp Amendment

    The U.S. Supreme Court won’t take up a case challenging the constitutionality of a 2013 amendment to the state of New York’s Workers’ Compensation Law that shifted the liability for certain reopened cases from a statewide fund to insurance carriers, according to the order list distributed Monday.

  • June 4, 2018

    Allergy Tester Wants Baker Donelson DQ'd From Antitrust Suit

    Baker Donelson Bearman Caldwell & Berkowitz PC shouldn’t be allowed to represent a Blue Cross Blue Shield unit in an antitrust suit brought by United Allergy Services, as the firm also represented UAS in related proceedings and still has access to its confidential information, the allergy testing company told a Louisiana federal court Friday.

  • June 4, 2018

    Bridge Collapses Unrelated In Insurance Row, 4th Circ. Told

    A North Carolina engineering firm has told the Fourth Circuit that its insurance coverage shouldn't have stopped at $3 million for two pedestrian bridge collapses at a college in 2014, arguing they were unrelated claims subject to the policy’s $5 million aggregate limit.

  • June 4, 2018

    Onex Corp. Invests $175M In Specialty Insurance Co.

    Toronto-based private equity firm Onex Corp. on Monday said it has made a $175 million equity investment in Chicago-based specialty insurance organization Ryan Specialty Group.

  • June 1, 2018

    Tech 'Unicorn' Domo Among 6 Cos. Filing IPO Plans

    Venture-backed data analytics startup Domo Inc., a so-called technology unicorn, was among six companies that filed initial public offerings on Friday, bolstering a growing lineup of deals that could price before July 4.

  • June 1, 2018

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

    The last week has seen CIS Insurance lodge another claim against IBM, a dispute emerge between a bankrupt mini-bond scheme and its security trustee, and Chubb sue Harvey Weinstein amid a fight over who should pay the cost of defending the movie producer against sexual harassment claims. Here, Law360 looks at those and other new claims in the U.K.

  • June 1, 2018

    Charity Sues Insurer To Cover Calif. DOJ's False Ad Suit

    A Christian charity is suing its insurer in Georgia federal court for refusing to defend it from a suit filed by the California Department of Justice, which claims the charity misled donors about how efficiently it uses their dollars to provide aid by inflating the price of donated pharmaceuticals. 

  • June 1, 2018

    Texas Justices Take Up Anadarko's $100M Coverage Battle

    The Texas Supreme Court agreed Friday to review a lower court’s holding that Anadarko Petroleum Corp. is not entitled to coverage by Lloyd’s of London underwriters for any of the over $100 million it has spent defending against claims stemming from the 2010 Deepwater Horizon explosion and oil spill.

  • June 1, 2018

    Iowa Justices Grant Retrial In Townhomes' Hail Coverage Row

    The Iowa Supreme Court on Friday sent the question of how much Depositors Insurance Co. owes on a $1.5 million hail damage claim back for retrial, finding that while an appraisal panel can rule on both causation and damages, the case also involves policy interpretation.

  • June 1, 2018

    Cooley Nabs Katten Litigator For Securities Practice

    The co-chair of Katten Muchin Rosenman LLP’s national securities litigation and enforcement practice, who has previously freed Costco from an $18 million wrongful death suit and nabbed a $238 million verdict against Lennar Corp. in a real estate dispute, has left for Cooley LLP, Cooley announced this week.

  • June 1, 2018

    Stroock Picks Up Baker McKenzie Insurance Practice Head

    Stroock & Stroock & Lavan LLP has picked up Baker McKenzie's North American insurance practice head for its New York office, Stroock announced Friday.

  • June 1, 2018

    Ex-Reporter Prevails In ERISA Suit Against Prudential

    A New Jersey federal judge sided with a former Washington Post science reporter with chronic fatigue syndrome Thursday in his Employee Retirement Income Security Act suit against Prudential Insurance Company of America, which had dropped his short-term disability benefits and denied his bid for long-term ones.

  • June 1, 2018

    NJ Enacts Law Targeting 'Surprise' Medical Bills

    New Jersey Gov. Phil Murphy on Friday signed into law a Democrat-backed measure to ease the burden of health care costs by, among other things, requiring health care providers and insurers to provide consumers advance notice when a provider is out-of-network.

  • May 31, 2018

    Anthem, Express Scripts Fight Pricing Suit In 2nd Circ.

    Anthem Inc. and Express Scripts Inc. told the Second Circuit on Wednesday that a New York federal judge correctly ruled the companies didn’t act as fiduciaries when setting drug prices, so they couldn’t have breached their fiduciary duties under the Employee Retirement Income Security Act by allegedly overpricing medication.

  • May 31, 2018

    Operator Of Bogus NYC Health Clinics Gets 3 Years In Prison

    A man who helped run two medical clinics in Brooklyn, New York, was sentenced to three years in prison Thursday by a Manhattan federal judge for bilking Medicare and Medicaid out of $1.4 million by giving unnecessary care to patients and paying them kickbacks.

  • May 31, 2018

    4th Circ. Flips State Farm's Loss In Yacht Crash Coverage Row

    National Liability and Fire Insurance Co. can't use an "other insurance" clause in a personal injury policy to shift responsibility for a yacht accident off to fellow insurer State Farm, the Fourth Circuit ruled Thursday, finding the clause void under a Virginia statute.

  • May 31, 2018

    1 Firm Leaps Ahead In May As IPO Market Gathers Steam

    Latham & Watkins LLP steered eight initial public offerings in May, when counting representation of issuers and underwriters, more than any other firm in what was the busiest month for deals since January, and the pace shows no signs of softening in June.

Expert Analysis

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Calif. Landslides Prompt 'Efficient Proximate Cause' Rehash

    Jennifer Hoffman

    Last month, the California Senate passed SB 917, amending the California Insurance Code to reiterate efficient proximate cause and specifically address landslides. Though the amendment purports to merely restate existing law, insurers should be prepared for inconsistent verdicts rendered by courts and juries in the near future, says Jennifer Hoffman of Zelle LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Structuring Life Settlements Investment Funds After TCJA

    Brian Casey

    The Tax Cuts and Jobs Act should be carefully evaluated by offshore life settlements investment vehicles, as it may negatively impact U.S. income tax consequences for U.S. shareholders, who should consider structuring or restructuring funds to minimize these adverse income tax effects, say attorneys with Locke Lord LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Calif. Department Of Insurance Approval Is No Silver Bullet

    Shawn Hanson

    The California Supreme Court's recent opinion in Heckart v. A-1 shows that an informal opinion from the California Department of Insurance may not be honored by the department itself, and there is no guarantee that California courts will defer to it either, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • The Insureds’ Burden: Determining Date Of Loss In Texas

    Todd Tippett

    Under Texas law, as reinforced by recent court decisions, the insured bears the burden of establishing that property damage actually occurs on the reported date of loss. Insureds and insurers can use a variety of tools to determine and prove when hail or wind damage occurred, say Todd Tippett and Walter Cardwell of Zelle LLP.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.