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Insurance

  • November 21, 2018

    Firm Seeks Judge DQ Despite Fla. Justices' Facebook Ruling

    Despite ruling that the mere existence of a judge's Facebook friendship with an opposing counsel is not grounds for disqualification, the Florida Supreme Court's recent decision still should have granted the underlying disqualification bid based on existing precedent when the motion was filed, the petitioning law firm has argued.

  • November 21, 2018

    Investor Challenges National Events Deal With D&O Insurer

    The largest creditor of bankrupt ticket brokerage and alleged Ponzi scheme vehicle National Events Holding LLC has again objected to a proposed $1.65 million settlement between the debtor’s trustee and its directors and officers insurer, and is fighting a bid to roll several closely associated entities into the Chapter 7 case.

  • November 21, 2018

    Pa. Justices Require Consent For 3rd-Party Insurance Claims

    A worker’s compensation insurer needs the consent and participation of an injured worker in order to bring claims against the parties responsible for the injury, and merely claiming a lawsuit was filed “on behalf of” the injured worker is insufficient, a split Supreme Court of Pennsylvania ruled Wednesday.

  • November 21, 2018

    Insurer Needn't Defend Landscape Co. In Worker Injury Suit

    A Mississippi federal judge ruled Wednesday that Wesco Insurance Co. has no duty to defend or indemnify a landscaping company against a lawsuit brought by a worker whose arm was severed by machinery during a job, holding that a policy exclusion for claims brought by employees unambiguously bars coverage.

  • November 21, 2018

    7th Circ. Boots Jones Motor Truckers' Misclassification Suit

    A Seventh Circuit panel has tossed a proposed class action that claimed Jones Motor Co. Inc. denied workers’ compensation benefits to a group of truckers by misclassifying them as independent contractors, saying the case does not belong in federal court.

  • November 21, 2018

    3 Firms Vie To Lead Class Suit Over Alleged AbbVie Kickbacks

    Three law firms representing investors suing AbbVie Inc. in a proposed class action over its allegedly illegal strategy to market its blockbuster drug Humira have each asked an Illinois federal judge to appoint it as lead counsel in the case.

  • November 21, 2018

    US Bank Wants Out Of Trust Insurer’s Settlement Suit

    U.S. Bank National Association urged a New York federal court Tuesday to dismiss a suit over a “paltry” settlement the bank reached as trustee of mortgage-backed securities that were allegedly backed by bad Countrywide loans, saying any injury hinges on court approval of the deal.

  • November 20, 2018

    CFPB Reaches Nearly $12M Settlement With Santander Unit

    The Consumer Financial Protection Bureau said Tuesday that a Santander consumer finance unit has agreed to pay a $2.5 million fine and more than $9 million in restitution as part of a settlement resolving claims over its disclosures related to an auto loan add-on product and auto loan extensions.

  • November 20, 2018

    Venezuelan TV Mogul Charged With $1B Bribery Scheme

    A Venezuelan billionaire television mogul has been indicted by federal prosecutors for allegedly violating the Foreign Corrupt Practices Act by bribing officials in the South American country as part of a billion-dollar currency exchange and money laundering scheme, the U.S. Justice Department announced on Tuesday.

  • November 20, 2018

    Del. Justices Nix $16M Award Against Health Co.'s Insurer

    Delaware's high court on Tuesday vacated a nearly $16 million bad faith award against Homeland Insurance Co. of New York over the insurer's refusal to cover CorVel Corp.'s costs in suits accusing it of improperly discounting medical services payments, holding that CorVel's claim was time-barred.

  • November 20, 2018

    Southern California Edison Hit With First Woolsey Fire Suit

    Attorneys for a coalition of residents who suffered property damage and losses from the Woolsey Fire that tore through Los Angeles and Ventura counties announced on Tuesday they had sued Southern California Edison in state court over its alleged role in starting the blaze.

  • November 20, 2018

    Opera House Insurer Says HVAC Co. Owes For Burst Pipe

    The insurer for a Delaware opera house launched a federal lawsuit Monday against a company tasked with installing and monitoring the building’s heating, ventilation and air conditioning system, alleging the business is directly responsible for a system failure that led to widespread water damage at the facility.

  • November 20, 2018

    Collisions By Runaway Semi Are One 'Accident,' 5th Circ. Says

    The Fifth Circuit has held that multiple collisions caused by a runaway tractor-trailer are a single accident subject to a $1 million limit in the truck owner’s primary policy with Mid-Continent Insurance Co., reversing a lower court’s ruling that the company is liable for an additional sum an excess insurer paid to settle claims stemming from the crashes.

  • November 20, 2018

    Insurer Sues Over Unpaid Gas Facility Construction Bills

    Great American Insurance Co. says a contractor left it holding the bill for $3.4 million in unpaid costs for the construction of a natural gas facility, and sued in Pennsylvania federal court Monday to compel the contractor to put down some collateral and open its books for inspection.

  • November 20, 2018

    NJ Justices Turn Away Malpractice Suit In Prudential Bias Row

    The New Jersey Supreme Court has declined to consider a suit brought by a former Prudential employee against a local law firm that she says improperly steered her racial bias suit against the company into arbitration.

  • November 19, 2018

    Trade Group Aims To Nix NY Life Insurance Regulation

    The New York chapter of an insurance industry trade group filed suit Friday seeking to invalidate a state agency regulation requiring agents and brokers to act in consumers' "best interest" when selling life insurance policies and annuities, saying the regulator overstepped its bounds and the rule is impermissibly vague.

  • November 19, 2018

    Ex-Law Firm Manager Can't Shake Conviction Over $5M Fraud

    The Fifth Circuit has refused to grant a motion for a new trial by a former law firm manager who was convicted of running a scheme to defraud insurance companies of $5 million in injury suits brought by the firm’s clients, saying that there was not enough new evidence to reopen the case.

  • November 19, 2018

    Apollo Seeks To Chuck Former Exec’s Suit Over New Biz

    Apollo Global Management on Monday asked the New York Supreme Court to toss a lawsuit from one of its former senior executives over allegations that the private equity firm used its power and influence to hamper his current insurance company, claiming that newfound evidence shows the ex-Apollo employee unlawfully used confidential and proprietary Apollo information.

  • November 19, 2018

    State Farm RICO Suit Too Strong To Settle, Objector Says

    One State Farm policyholder has come forward to object to the $250 million settlement resolving a Racketeer Influenced and Corrupt Organizations Act suit claiming the insurance giant rigged an Illinois Supreme Court election to escape a massive judgment, arguing the settlement sold short a strong case worth more than $7 billion.

  • November 19, 2018

    Skelos, Son Say They Will Report To Prison Amid Appeals

    Former New York State Senate Majority Leader Dean Skelos and his son Adam made clear Monday that they plan to report to prison in January even while they appeal their convictions for bribery, extortion and conspiracy to the Second Circuit.

Expert Analysis

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • 6th Circ. Ruling Highlights Dangers Of Insured's Admissions

    David Kroeger

    The Sixth Circuit's recent decision in KVG v. Westfield underscores that all insureds should take care to avoid admissions that may be used against them in subsequent litigation over coverage for their losses, say David Kroeger and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Establishing Waiver Of The Right To Appraisal In Texas

    Kristin Cummings

    The Texas Supreme Court has made clear that a party seeking to avoid appraisal in an insurance dispute has a high burden to establish waiver. Two decisions in the last couple months highlight key points underlying a court’s analysis in determining waiver, say Kristin Cummings and Victoria Vish of Zelle LLP.

  • Arbitration, Mediation Can Solve Cyber Insurance Disputes

    Daniel Garrie

    Many policyholders instinctively oppose the inclusion of alternative dispute resolution clauses in their insurance policies. However, given the complexity of cyber coverage disputes, businesses should consider the confidentiality and cost-effectiveness that ADR can offer, say members of JAMS and Zeichner Ellman & Krause LLP.