• February 27, 2018

    Insurer Must Cover $4.8M Fraud Loss, Medidata Tells 2nd Circ.

    Medidata Solutions Inc. on Monday urged the Second Circuit to uphold a lower court's ruling putting a Chubb Ltd. unit on the hook for a $4.8 million loss that Medidata suffered when it was tricked into wiring money overseas, arguing that the incident clearly constitutes covered computer fraud under its policy.

  • February 27, 2018

    Harvey-Flooded Facility Says Insurer Lied About Coverage

    A Houston mental health center has filed suit against a former trustee turned insurance broker and the agency he works for, alleging that despite repeated assurances that its building was covered by flood insurance, it learned in the wake of Hurricane Harvey that wasn't true.

  • February 27, 2018

    Latest ACA Assault Has Fighting Chance Despite Clear Flaws

    The latest legal effort to demolish the Affordable Care Act by targeting the law's individual mandate has realistic odds of gaining traction despite some likely problems with its arguments.

  • February 27, 2018

    Calif. Court Nixes Pipe Co.'s $55M Jury Award Against AIG

    A California appeals court on Monday reversed a $55 million judgment that pipe-joining company Victaulic Co. won in its suit accusing three AIG units of denying coverage for product liability claims in bad faith, finding the trial court erroneously allowed certain documents to be admitted into evidence and mishandled a key witness.

  • February 27, 2018

    CVS, Aetna Pitch Lawmakers On Merger Benefits

    CVS Health Corp. and Aetna Inc. told lawmakers Tuesday that their planned $69 billion merger will benefit consumers by giving the combined company’s insurance customers access to more local health care options through CVS’ retail presence.

  • February 27, 2018

    Swiss Insurer Starr Appeals Denial Of $38M Tax Refund

    A Swiss insurer fighting for a $38.2 million tax refund in the U.S. appealed two decisions against it from a D.C. federal court on Monday, saying that the Internal Revenue Service was wrong to deny it preferential tax treatment under a U.S.-Switzerland tax treaty.

  • February 27, 2018

    Reinsurance Co., Creditors Reach Stock Bid Procedures Deal

    Reinsurance firm Scottish Holdings Inc. reached a deal with unsecured creditors and its stalking horse bidder to gain court approval Tuesday in Delaware bankruptcy court for bidding procedures in a planned sale of its operating subsidiary's stock.

  • February 27, 2018

    Gov't Fights Challenge To ERISA Church Plan Exemption

    The federal government on Monday told an Indiana federal judge that an Employee Retirement Income Security Act exemption for church pension plans passed a precedential test for complying with the establishment clause, intervening in a proposed class action accusing a religiously affiliated health care provider of violating the federal labor law.

  • February 27, 2018

    Insurer Must Pay Out For Mortgage Cyber Fraud, Co. Says

    A real estate services company has filed suit in New Jersey state court against an insurance company that it says wrongly refused to pay out for a claim after the company was the victim of cyber fraud, arguing there was no cyber fraud exception in the policy.

  • February 26, 2018

    20 AGs Sue To Toss What’s Left Of Obamacare

    A 20-state coalition filed suit in Texas federal court Monday seeking to put a final end to the Affordable Care Act, saying since the Trump administration eliminated the individual mandate penalty, the law’s remainder “must fall,” including requirements for minimum benefits and state insurance exchanges.

  • February 26, 2018

    Geico Blasts Law Firms, Network In $15M Fake Claims Suit

    Geico fought back Monday against bids by Florida-based chiropractic network Path Medical LLC, a pair of law firms and others to shake the insurer’s federal court suit seeking to recover more than $15 million it paid out for allegedly fraudulent claims, contending that its allegations are clear and easily meet pleading requirements.

  • February 26, 2018

    Pa. Court Rejects Bulk Of Conrail's Cleanup Coverage Appeal

    A Pennsylvania appeals court on Monday affirmed a lower court's ruling that Consolidated Rail Corp. can't access coverage for a slew of industrial pollution remediation claims under Continental Insurance Co. and Stonewall Insurance Co. excess policies, while reviving the rail company's bid to obtain coverage from an Italian excess insurer.

  • February 26, 2018

    US Trustee, Creditor Slam Patriot National DIP, Sale Plans

    Bankrupt insurance services company Patriot National Inc. came under U.S. trustee and unsecured creditor fire in Delaware bankruptcy court on Monday for potential conflicts involving the corporation's chief restructuring officer and a proposal to grant broad liability releases to some pre-Chapter 11 targets of a suit filed by stockholders.

  • February 26, 2018

    DOJ Ditches Much Of UnitedHealth FCA Suit

    The U.S. Department of Justice on Monday abandoned much of a False Claims Act suit targeting UnitedHealth Group Inc. over Medicare Advantage billing practices, marking its second loss in a new area of FCA litigation.

  • February 26, 2018

    Esurance Beats Suit Over Racing School Accident

    A Washington state appeals court on Friday published an opinion affirming that Esurance did not have to cover the crash of an auto policy holder at a racecourse skills-training event, saying an exclusion clearly applied and the policy was enforceable.

  • February 26, 2018

    Dog-Sitting App, Ex-Baywatch Star Sued After Dog's Death

    A woman whose 6-pound Papillon was run over and killed after escaping from a dog-sitting session at an actress’ Beverly Hills home has hit the onetime Baywatch star and the dog-walking app Rover with a lawsuit in California state court, alleging the app “does nothing to vet its sitters.”

  • February 26, 2018

    Insurer Dodges Coverage In Lamb McErlane Malpractice Suit

    A Pennsylvania federal judge said on Friday that Lamb McErlane PC was not entitled to a half-million dollars' worth of professional liability coverage for allegedly mishandling an estate matter because an initial complaint about the firm's work predated the effective date of the firm's policy with Allied World Insurance Co. 

  • February 26, 2018

    Arnold & Porter Guides MetLife's $260M NYC Loan

    Arnold & Porter represented Metropolitan Life Insurance Co. in connection with its $260 million loan to Rockwood Capital LLC for an office tower on East 45th Street in Manhattan, according to records made public in New York on Monday.

  • February 23, 2018

    Expert's Calculations Are Focus At Close Of MassMutual Trial

    MassMutual and a class of hundreds of term life insurance policyholders faced off over dividends during closing arguments in a California trial Friday, with the class claiming MassMutual was ignoring the policies’ profits and MassMutual countering that the class was relying on a misleading manipulation of the numbers.

  • February 23, 2018

    Insurer's Liability For Fatal Train Crash Limited To $3.75M

    A Nebraska federal court on Friday granted Colony National Insurance a partial summary judgment in its suit with Union Pacific over coverage for a fatal 2006 train crash the railroad blames on a brush-clearing contractor, finding the insurer owes at most $3.75 million of its $5 million policy limit.

Expert Analysis

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Insurers Beware: Exposure Under 'Canceled' Policies

    Thomas Gozdziak

    Recent court decisions should serve as an important reminder to insurers to strictly comply with all policy cancellation requirements to avoid risk liability exposure not only for the failure to pay claims but also for bad faith, says Tom Gozdziak of Foran Glennon Palandech Ponzi & Rudloff PC

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Top 10 Employer Resolutions For 2018

    Allegra Lawrence-Hardy

    Last year employers watched as a variety of regulations were rolled back to pre-Obama administration status. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC discuss what happened in 2017, the developments employers should be alert to this year, and the resolutions they should make to protect their company and employees.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Health Republic’s Curious Liquidation: Part 13

    James Veach

    A year and a half into Health Republic's liquidation, policyholders have yet to receive any money from approved claims. We will see what the Feb. 14 status conference reveals, and hopefully some of Health Republic's former policyholders will appear and participate, says James Veach of Mound Cotton Wollan & Greengrass LLP.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Employers Must Note Major Tax Law Changes For 2018

    Peter Salomon

    The recently signed tax reform law will affect nearly every aspect of the American economy, and includes several changes to employee benefits and compensation arrangements. Employers must thoroughly review the law's updates to the tax treatment of stock options, compensation of top executives, retirement plan loans, IRA conversions and other activities, say attorneys with Akerman LLP.

  • Major Illinois Insurance Coverage Decisions From 2017

    Jonathan Schwartz

    Several significant decisions in 2017 by the Illinois Appellate Court and one federal district court should prove influential in shaping Illinois coverage jurisprudence, and set the stage for the state's Supreme Court to render key decisions in 2018 if it so chooses, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.