• March 8, 2018

    Deals Rumor Mill: Royal Dutch Shell, Heineken, Prudential

    Oil giant Royal Dutch Shell and private equity firm Blackstone have reportedly teamed up to make a joint offer for assets from BHP, China Resources Beer is mulling a deal for the Chinese business of Heineken, and Prudential’s Malaysian unit is in talks to sell a 30 percent stake.

  • March 8, 2018

    US Coachways Wins Coverage Of $50M TCPA Deal

    Illinois Union Insurance Co. must cover a nearly $50 million class action settlement that resolved claims that US Coachways Inc. violated the Telephone Consumer Protection Act with text message blasts to potential customers, a New York federal judge ruled Thursday, holding that multiple sections of the insurer's policy clearly extend coverage for the claims.

  • March 8, 2018

    Saudis Raised Immunity Bar Too Late, 9/11 Victims Say

    Victims of the Sept. 11 terrorist attacks, their families and insurers on Wednesday blasted Saudi Arabia and a now-shuttered Saudi charity for waiting too long to demand a higher bar for the accusations that they aided the terrorist organizations behind the plot.

  • March 8, 2018

    Cigna Inks $67B Deal For Express Scripts

    Cigna on Thursday revealed a $67 billion, including debt, acquisition of pharmacy benefit management services company Express Scripts, marking the latest tie-up in the health care space as the industry looks to reshape itself.

  • March 7, 2018

    Feds Say Mass. ‘Just Guessing’ Birth Control Rules Harmful

    U.S. Department of Justice attorneys argued Wednesday for the demise of one of several lawsuits challenging a Trump administration rule allowing businesses to drop contraception coverage from employee health plans on moral grounds, saying it has failed to show any imminent harm in Massachusetts.

  • March 7, 2018

    City Not Covered For Squirrel Shock Mishap: Iowa Court

    A city in Iowa can’t make its insurer pay for equipment that was damaged “when a gray squirrel scampered into an electrical substation” and made contact with a 7,200-volt circuit, a state appeals court ruled Wednesday, finding coverage for the violent electrical arcing that ensued is barred by an “electrical currents” exclusion.

  • March 7, 2018

    Fatal Sex Act Injury Not 'Self-Inflicted'; Insurer Must Pay

    An Illinois federal judge ruled that a man’s death during an act of autoerotic asphyxiation was not a self-inflicted injury and thus an insurer wrongly denied accidental death benefits to his widow.

  • March 7, 2018

    CVS Prices $40B Bond Sale To Help Fund Aetna Acquisition

    CVS Health Corp., which is in the process of acquiring health insurance company Aetna Inc. for $69 billion, priced a massive $40 billion bond offering to help fund the acquisition.

  • March 7, 2018

    Bards Of The Bench Pen Spirited Ruling In $18M Wine Row

    A California appellate panel on Wednesday, in the words of the Bard of Avon, agreed with a lower court that a man who spent $18 million on counterfeit fine wine did not sustain a loss to property and is not entitled to coverage under his insurance policy.

  • March 7, 2018

    Blue Cross, Takeda Settle Actos Cancer Claims

    Blue Cross and Blue Shield of Massachusetts and drug manufacturer Takeda Pharmaceutical Co. Ltd. told a Massachusetts federal court on Wednesday they have settled dozens of claims by the insurer alleging that a link between Actos and bladder cancer was long known to Takeda, the latest in a long string of settlements involving the diabetes treatment.

  • March 7, 2018

    Insurer Needn't Cover $5M HIPAA Probe Costs, 9th Circ. Says

    The Ninth Circuit on Wednesday upheld a California district court’s finding that Allied World Assurance Co. does not have to cover the $5 million Millennium Laboratories racked up defending against a federal Health Insurance Portability and Accountability Act investigation.

  • March 7, 2018

    Wash. Court Backs Insurance Atty DQ In Wrongful Death Suit

    A Washington appeals court has ruled that insurer-appointed lawyers defending the estate of a boy killed in a car crash may not then withdraw from that position only to later oppose the estate representative on behalf of the boy’s parents.

  • March 7, 2018

    City Can't Shake Coverage Suit Over Clean Water Act Claims

    An Ohio federal judge refused Tuesday to dismiss a suit over insurance coverage for underlying Clean Water Act claims connected to an Ohio city's approval of a large development, saying the case can stay in his court because a nonparty insurer whose joinder would have triggered dismissal needn’t be added.

  • March 7, 2018

    Dem AGs Knock DOL's 'Association Health Plans' Rule

    A coalition of 17 attorneys general from mostly left-leaning states and D.C. submitted joint comments to the U.S. Department of Labor on Tuesday, saying a proposed rule allowing employers to more easily form so-called association health plans would remove important consumer protections and invite fraud. 

  • March 7, 2018

    Diocese Claims Against Insurer Nixed In Sex Abuse Suits

    A Minnesota federal judge on Monday found that a Roman Catholic diocese in the state had not provided the details needed to support its claim that Arrowood Indemnity Co. lied or acted in bad faith when it refused to cover more than six dozen sexual abuse suits.

  • March 7, 2018

    Deputy AG Asks For Insurers' Help To End Opioid Crisis

    Deputy Attorney General Rod Rosenstein on Wednesday called on health insurers to aid law enforcement's efforts to end the nation's massive opioid epidemic, saying they can play a part in preventing needless prescribing of opioids.

  • March 6, 2018

    Lloyd's Urges 10th Circ. To Rethink Work Coverage Ruling

    Two London-based insurance associations are urging the Tenth Circuit to reconsider a recent ruling that upended New York law to find coverage for a general contractor whose product was damaged by a subcontractor, warning in their amicus curiae brief that the fallout from the policyholder-friendly opinion could rock “both the insurance and construction industries.”

  • March 6, 2018

    Lloyd's Sues Secretive Policyholder Over Hatton Garden Gold

    Underwriters at Lloyd’s of London have sued a bullion trading firm in New York state court over insurance coverage for gold stolen in the famous Hatton Garden burglary in 2015, saying the firm won’t say who it belonged to or how much there was and may have transferred key documents to Switzerland.

  • March 6, 2018

    NY AG Announces EmblemHealth Data Breach Settlement

    EmblemHealth has agreed to pay $575,000 and conduct a comprehensive risk assessment to resolve the New York attorney general’s probe into the exposure of more than 80,000 Social Security numbers through a mailing error, the regulator said in an announcement Tuesday during which he also discussed his push for stronger data security laws.

  • March 6, 2018

    Calif. Justices Grapple With Sexual Abuse Coverage Quandary

    A California builder on Tuesday urged the state's highest court to find that a Liberty Mutual unit must cover its liability for claims it negligently failed to supervise a former employee who sexually assaulted a middle school student, during a hearing in which the justices probed the intricacies of policy language and the intersection of insurance and tort law.

Expert Analysis

  • Coverage For Montecito Claims: Flood Or Fire?

    Meka Moore

    The destruction caused in Montecito and other areas of Southern California earlier this year appears to have been caused by flood, mudslide and mudflow, which are excluded under most property insurance policies. However, there is potential for homeowners to assert that the damage was actually caused by the Thomas fire, say Meka Moore and Jennifer Revitz of Selman Breitman LLP.

  • The Social Cost Of Carbon And Its Impact On Enviro Law

    John Lee

    The social cost of carbon is an important but little-known number underlying many environmental regulations. Though it is not widely discussed, it is important to understand for three primary reasons, says John Lee of Goldberg Segalla.

  • State Of The Aircraft Finance Debt Market

    Ronald Scheinberg

    The improving financial position of airlines and operating lessors, coupled with increased competition for deals, has put pressure on private-sector lenders. One would expect this state of “borrower power” to continue during the current economic cycle, says Ronald Scheinberg of Vedder Price PC.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Insurance Bad Faith Claims In The Age Of AI Jim

    Dennis Anderson

    The rise of insurtech, with its heavy use of algorithms in the claims-handling process, is raising questions about how traditional insurance law applies to new situations, like how to determine when a bot denies coverage in bad faith, says Dennis Anderson of Zelle LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Fixing Problems In The Texas Insurance Appraisal Process

    Steven Badger

    In recent years, use of the insurance appraisal process in Texas has grown exponentially. Gone are the days where three reputable and smart insurance professionals would get in a room and work cooperatively to fairly resolve a disputed claim. Instead, appraisal has become a tactical game, and abuses of the process are widespread, says Steven Badger of Zelle LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.