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Insurance

  • November 13, 2018

    High Court Won't Touch Honeywell Retiree Benefits Battle

    The U.S. Supreme Court said Tuesday it won't hear a group of retirees' challenge to a Sixth Circuit opinion that found Honeywell International Inc. didn't owe them lifetime health care benefits.

  • November 12, 2018

    Ex-AIG Staff Could Win $100M After High Court Bonus Ruling

    A London court has ruled that 23 former executives at AIG are entitled to deferred bonuses pre-dating the financial crisis that could be worth more than $100 million despite the units' involvement in the risky trading that nearly brought down the insurance giant.

  • November 9, 2018

    9th Circ. Sends T-Mobile Coverage Row To Wash. Justices

    The Ninth Circuit on Friday asked Washington state’s high court to consider whether Selective Insurance Co. of America must cover T-Mobile’s costs in a lawsuit alleging its antenna installation contractor damaged a building in the Bronx in New York, saying Washington state law is unsettled on a critical issue in the case.

  • November 9, 2018

    Wisc. Agency Appeals In Trans State Workers' Coverage Suit

    A Wisconsin agency has appealed to the Seventh Circuit a ruling blocking the state from excluding gender-confirming medical care from state employees' health coverage and entering jury awards in favor of two transgender workers at the University of Wisconsin who were denied such care.

  • November 9, 2018

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

    The last week has seen a pair of disputes involving asset manager CGrowth, another suit from private equity-linked firms taking on parties linked to Thailand's KPN Group and Kodak bring a competition case against Goldman, Glencore and others the film giant has accused of manipulating aluminum prices in the U.S. Here, Law360 looks at those and other new claims in the U.K.

  • November 9, 2018

    Insurer Says Costco's $8M Gender Bias Deal Not Covered

    Excess insurer Arrowood Indemnity Co. urged a Washington federal judge to hold that Costco's failure to secure its consent for an $8 million settlement of a gender bias class action relieves the insurer of any coverage duties, while Costco countered Arrowood waited too long to object to the deal.

  • November 9, 2018

    Insurer Must Defend Shooter's Estate, Pa. Justices Told

    A man who was injured in a scuffle as he walked in on a murder-suicide is urging Pennsylvania's highest court to uphold a decision finding that Erie Insurance Exchange was responsible for the cost of defending the gunman's estate in a lawsuit over the incident.

  • November 9, 2018

    Timeshare Owners Hit Marriott With Sanctions Bid

    Timeshare owners have asked a Florida federal court to sanction Marriott Ownership Resorts Inc. in a proposed class action claiming the timeshare company and its insurer duped them into invalid real estate deals with Orange County's help, saying it intentionally withheld "massive amounts" of documents during discovery.

  • November 9, 2018

    Drone Crash Injury At Wedding Not Covered, Insurer Says

    An insurance company has asked a California federal court to grant a quick win in its suit against a policy-holding photography company because exclusions in the coverage mean it doesn't have to pay for a drone incident at a wedding shoot during which a guest lost an eye.

  • November 9, 2018

    Looming GDPR Fines To Spark Insurance Coverage Fights

    Cyber policies are increasingly incorporating coverage for the hefty fines and liabilities that are likely to arise from the European Union's General Data Protection Regulation, but legal and regulatory pronouncements in vital jurisdictions may stymie these efforts and open the door for unprecedented coverage battles, experts say. 

  • November 8, 2018

    Liberty Can’t Foist Silk Theft Coverage Onto Fellow Insurer

    A California federal judge has ruled that a Liberty Mutual unit cannot put CNA Financial Corp. on the hook for the nearly $1.2 million it paid to cover the theft of a silk shipment from the companies’ mutual insured, saying the lack of a contractual relationship between the two insurers dooms the lawsuit.

  • November 8, 2018

    Aetna Owes $26M Over Denied Cancer Treatment, Jury Says

    An Oklahoma jury this week slammed Aetna with two verdicts totaling nearly $25.6 million, finding the insurer willfully acted in bad faith when it repeatedly refused to cover proton beam therapy recommended for a woman’s cancer.

  • November 8, 2018

    Insurer Says County, Racetrack Not Covered In Crash Suit

    Evanston Insurance Co. on Wednesday asked a California federal court to rule that it has no further obligation to defend or indemnify Monterey County or the operator of a Salinas-based racetrack in a lawsuit over a motorcycle accident at the track, saying the claims are outside the scope of its policy.

  • November 8, 2018

    UnitedHealth Class Denied Cert. In Prosthetic Benefits Suit

    A California federal judge has shot down an attempt by the UnitedHealth Group Inc.'s beneficiaries to sue the insurer as a class over alleged denials of benefits for prosthetic arms and legs, but he gave them a shot at refiling even as he threatened their lead counsel with a $2,500 sanction.

  • November 8, 2018

    Insurer Sues To Duck Covering Stanley Cup Stein TM Suit

    Sentinel Insurance Company Ltd. on Wednesday sued two companies that sell beer steins resembling the Stanley Cup to avoid paying for their defense in a trademark infringement suit brought by the National Hockey League, telling an Illinois federal court that a litany of exclusions apply to bar coverage.

  • November 7, 2018

    Fla. High Court Doubts Public Hospital's Right To Lien Powers

    One of Florida's largest public health systems urged the state's highest court Wednesday to reverse two lower courts' rulings striking down a law authorizing it to establish liens to recover medical services costs, but the court appeared skeptical of the hospital's argument that its patient contracts are public contracts, making the liens legal.

  • November 7, 2018

    4 Issues Facing Conn. Justices In Asbestos Coverage Fight

    Connecticut's high court is poised to tackle multiple issues of first impression in Vanderbilt Minerals LLC’s asbestos injury coverage battle with its insurers, including whether the company must cover litigation costs for years it couldn't buy asbestos insurance and whether an "occupational disease" exclusion is limited to claims brought by Vanderbilt's own workers. Here, Law360 looks at four key issues facing the justices as they weigh multiple appeals.

  • November 7, 2018

    La. Court Axes Credit Union's $1.3M Theft Coverage Win

    A Louisiana appeals court on Wednesday upended a lower court's ruling that Lloyd's of London underwriters must reimburse a credit union for more than $1.3 million it allegedly lost to thefts by an armored car carrier that serviced its ATMs, finding that affidavits submitted by the union did not conclusively establish that the loss is covered.

  • November 7, 2018

    TrueCar Seeks Exit From Stock Suit Over USAA Site Revamp

    There’s no way TrueCar Inc. could have predicted that a website redesign by the USAA, which insures United States military service members, would damage the car price aggregator’s online auto sales, the company said in a bid to toss claims it should have warned investors about coming problems.

  • November 7, 2018

    Ex-Steward Can't Toss Arbitration Award From Cruise Line

    A Florida federal magistrate judge Tuesday recommended confirmation of an arbitration award in a case by a former Norwegian Cruise Lines steward who said the company refused to pay for spinal surgery allegedly related to an incident aboard ship, saying the court must give considerable leeway to the arbitrator.

Expert Analysis

  • 6th Circ. Encourages Insureds To Be Open With Insurers

    Matthew Beato

    The Sixth Circuit's recent decision in First Horizon v. Houston reinforces the importance of providing timely and complete notice to insurance carriers, and will discourage insureds from disguising crucial facts about claims, says Matthew Beato of Wiley Rein LLP.

  • The Ins And Outs Of ERISA Fiduciary Insurance

    Excerpt from Lexis Practice Advisor
    José Jara

    Fiduciary liability insurance is an important but often overlooked aspect of a company’s risk management plan. José Jara of CKR Law reviews how it can be used to protect fiduciaries when governing or providing services for employee benefit plans subject to the Employee Retirement Income Security Act.

  • Defining Qualified Business Income In Life Settlement Industry

    Brian Casey

    In August, the IRS proposed regulations for the new Internal Revenue Code Section 199A, which includes good news for insurance agents and brokers. Attorneys with Locke Lord LLP examine whether that good news will carry over to participants in the life settlement industry.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • Triggering Civil Authority Coverage After A Natural Disaster

    Tracey Jordan

    As hurricane season continues, insured business owners in affected areas are likely to seek coverage for loss of business income. It's important to recognize that for business income insurance to cover losses caused by a civil authority order, the order must be a result of actual property damage, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Fla. Insurers Should Beware Expanded Bad Faith Standards

    Rory Jurman

    The Eleventh Circuit's decision in Bannon v. Geico essentially establishes that Florida insurers have an affirmative duty to initiate settlement negotiations where it is clear that liability lies mostly with their insureds. However, it is unclear what apportionment of fault will trigger the insured's duty, say Rory Jurman and Vanessa Alvarez at Fowler White Burnett PA.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • Sharing Economy Brings New Opportunities For Insurers

    DL9040_Fernandez_Alexandra_1500x1500.jpg

    The ever-expanding sharing economy operates within the framework of an insurance industry that is constantly adapting to new technologies and risks. Collaboration between traditional carriers and innovators will lead to more participants for platforms and more customers for carriers, says Alexandra Fernandez of Zelle LLP.

  • The Insurance And Tax Consequences Of Settling FCA Cases

    Andy Liu

    When you settle a False Claims Act case, will you have to pay the money out of pocket, or could some or all of it be covered by insurance? Can you write off some or all of the amount from your taxes? ​​​​​​​Andy Liu and Jason Lynch of Nichols Liu LLP address these questions and survey the relevant case law.