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Insurance

  • 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.

  • May 31, 2018

    UnitedHealth Can't Get Insurance Bid Info, Pa. Court Says

    A Pennsylvania appeals court agreed Thursday that the state’s open records law did not entitle UnitedHealthcare to documents detailing the scoring of bid proposals submitted by competitors, which the insurer requested to aid in a protest after the Department of Human Services rejected its bid.

  • May 31, 2018

    Feds To Depose 12 New Docs In FCA Case Over Hep B Tests

    The federal government will be allowed to depose a dozen doctors, well short of the 95 it had initially requested, in a False Claims Act suit against Fresenius Medical Care Holdings Inc. over allegedly fraudulently billed hepatitis B tests, a Massachusetts federal judge ruled on Thursday.

  • May 31, 2018

    Lloyd's Calls For Private Sector Role In US Flood Insurance

    The U.S. government should allow private companies to muscle in on the flood insurance market after hurricanes inflicted around $100 billion worth of uninsured damage last year, Lloyd's of London said on Thursday.

  • May 30, 2018

    AmTrust Investor Seeks Records In $2.7B Take-Private Deal

    A large investor of AmTrust Financial Services Inc. filed a petition Wednesday in Delaware state court demanding an inspection of corporate books and records to investigate whether the $13.50 per share being offered by AmTrust's controlling shareholders in a take-private transaction is fair value for its holdings.

  • May 30, 2018

    Insurers Must Face Coverage Suit Over DOJ Response

    An Illinois federal judge on Wednesday refused to dismiss three insurers from policyholder Astellas’s suit over coverage for the pharma company’s response to a U.S. Department of Justice subpoena linked to possible Medicare fraud, saying the insurers haven't made a strong case that subpoenas aren't covered under policy language.

  • May 30, 2018

    Insurer Can Sue Hired Atty For Malpractice, SC Justices Say

    An insurance company may directly pursue a legal malpractice claim against counsel it hired to defend its policyholder, a divided South Carolina Supreme Court ruled Wednesday, allowing Sentry Select Insurance Co. to proceed with a malpractice suit over a law firm’s alleged mishandling of litigation regarding a car crash involving Sentry’s insureds.

  • May 30, 2018

    Insurer Escapes Class Action Over Inflated Stock Price

    A Texas federal judge has tossed a putative class action alleging whole-life insurance seller Citizens Inc. artificially propped up its stock price through fraudulent sales practices, agreeing with a magistrate judge's recommendation on grounds the investors hadn't shown the insurer had knowledge of the alleged wrongdoing.

  • May 30, 2018

    Groups Urge 9th Circ. To Keep ACA Birth Control Rules Halted

    Dozens of reproductive rights, civil liberties, gender equality, religious and health groups on Tuesday supported California, Delaware, Maryland, New York and Virginia in urging the Ninth Circuit to uphold a nationwide block on Trump administration rules permitting employers to claim religious or moral exemptions to the Affordable Care Act’s contraception mandate.

  • May 30, 2018

    Revive HIV Suit Coverage Claims, Porn Studios Tell 9th Circ.

    The parent company of porn studio Kink.com told the Ninth Circuit on Tuesday that a lower court was wrong to bar insurance coverage for underlying suits brought by actors claiming they contracted HIV on set, because Kink.com never intentionally caused the alleged harm.

  • May 30, 2018

    Horizon Blue Cross Slips Suit Over Elbow Surgery Denial

    A New Jersey federal judge granted Horizon Blue Cross Blue Shield of New Jersey a quick win Tuesday in a suit brought by a school nurse over the insurer’s decision to deny what it called an experimental treatment for her elbow injury.

  • May 30, 2018

    Businesses Tell Trump Admin. To Suspend ACA Tax Penalties

    The Internal Revenue Service should immediately cease issuing tax penalties associated with the Affordable Care Act’s employer mandate, a dozen business groups said in a letter Wednesday to top officials in President Donald Trump’s cabinet.

  • May 30, 2018

    11th Circ. Resets Imperial Sugar Blast Insurance Row

    A years-long coverage spat between American International Group Inc. and an excess insurer over multimillion-dollar payouts tied to the 2008 Imperial Sugar Co. explosion is back to square one, after the Eleventh Circuit found that a lower court lacked jurisdiction to hear the suit in the first place.

  • May 30, 2018

    What To Know About Architect Group's New Contract Forms

    With the American Institute of Architects set to phase out its old contract documents and require attorneys to use a new set unveiled last year, those who use the contracts need to familiarize themselves with what experts have called evolutionary, but not revolutionary, changes. Here, Law360 takes a look at several of the major changes attorneys must know as they transition to the new forms.

  • May 29, 2018

    Calif. High Court Told Workers' Comp Is Sole Med Mal Remedy

    The California Supreme Court heard arguments Tuesday in a case that could determine boundaries for the state’s workers’ compensation system, with the attorney for workers' compensation services provider CompPartners arguing the company can’t be sued over a treatment decision it provided when it was hired to evaluate the necessity of an injured worker’s care.

  • May 29, 2018

    Suits Show Conflict Even At BigLaw's Best Places For Women

    Women have been gaining ground at Ogletree Deakins and Morrison & Foerster, but gender discrimination lawsuits against these firms and others suggest that expanding women's representation doesn’t necessarily lead to equal treatment.

  • May 29, 2018

    Reform Or Retreat? UK Firms Eye Next Steps On Pay Data

    U.K. law firms have come up with numerous approaches to a new requirement for disclosing gender pay gap information, and the ensuing PR storm is pushing them in conflicting directions.

  • May 29, 2018

    How Women Are Changing The Law Firms They Lead

    Female law firm leaders have scraped their way to the top. Now they want to pull up other women, too. And this may be their toughest challenge yet.

  • May 29, 2018

    The Best Law Firms For Female Partners

    Our latest Glass Ceiling Report shows that women remain underrepresented in the legal profession, particularly at the top levels of most — but not all — law firms. Here are this year’s Ceiling Smashers, our annual ranking of the firms with the most women in the equity tier.

  • May 29, 2018

    Colo. High Court Won't Trim Award In Fire Coverage Fight

    Colorado’s high court on Tuesday refused to trim a bad faith award against American Family Mutual Insurance Co. in an apartment fire coverage dispute by the amount of policy benefits the insurance company delayed but ultimately paid to its insureds prior to litigation, saying the relevant statute does not require such a reduction.

Expert Analysis

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • The Risks Of Attorney Communication With Appraisers

    Brian Devilling

    Attorneys should not attempt to influence a property insurance appraiser's estimate of damages, selection of an umpire or any other substantive issue. While this may run contrary to an attorney's duty of zealous advocacy, it is necessary to avoid subsequent litigation and a potential order vacating an award, says Brian Devilling of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How Insurers Try To Limit Coverage For Punitive Damages

    Kelby Van Patten

    Insurers treat it as a given that their policies do not cover punitive damages, and insureds often mistakenly accept that premise, but there are circumstances in which punitive damages may be covered, says Kelby Van Patten of Payne & Fears LLP.