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  • August 31, 2018

    Ethics Of State Farm Attys To Take Stage In Rigged Judge Trial

    The impending trial surrounding whether State Farm secretly advanced the election of an Illinois high court justice in order to torpedo a billion-dollar judgment against it promises to put an ethics spotlight on the insurer’s legal teams, with opposing counsel poised to pry into what those attorneys knew and what they were duty-bound to disclose.

  • August 31, 2018

    Suit Says Pa. Policyholder's Atty Tried To 'Extort' Insurer

    A Philadelphia-area attorney is facing claims in state court that he pursued knowingly frivolous claims on behalf of a homeowner against her insurer in a naked attempt to “extort” it into a settlement.

  • August 31, 2018

    Software Co. Not Covered For Biometric Suit, Insurers Say

    A pair of insurers told a California federal court that they have no duty to defend or indemnify health care software provider Omnicell Inc. in a proposed class action accusing the company of violating Illinois’ biometric privacy law by improperly retaining fingerprint data for a hospital’s employees, saying Omnicell’s policies exclude claims for statutory violations.

  • August 31, 2018

    Paul Weiss, Drinker Biddle Guide $307M Insurance Deal

    Bermuda-based reinsurance holdings company Maiden Holdings said Friday it is selling one of its subsidiaries to an Enstar Group unit to cut costs and improve efficiency in a $307 million cash and borrowings deal guided by Paul Weiss Rifkind Wharton & Garrison LLP and Drinker Biddle & Reath LLP.

  • August 31, 2018

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

    The last week has seen AIG, Swiss Re and several Lloyd's syndicates lodge a shipping claim against Maersk, more retailer claims against Visa and Mastercard, and a new application involving the Libyan Investment Authority. Here, Law360 looks at those and other new claims in the U.K.

  • August 31, 2018

    Insurer Premera Accused Of Wiping Evidence In Breach Case

    Health insurer Premera Blue Cross has been accused in Oregon federal court of destroying a key computer and software logs that may have shown evidence of a 2015 data breach that affected 11 million people.

  • August 31, 2018

    Cigna To Face Patients' Overcharging Claims In ERISA Suit

    A proposed class of plan participants adequately alleged that Cigna Health and Life Insurance Co. flouted the Employee Retirement Income Security Act by overcharging them for medically necessary services, a Connecticut federal judge ruled, largely denying the insurer’s bid to toss the claims.

  • August 31, 2018

    Insurer Can't Escape Coverage For Sports Bar Shooting

    An insurance company has failed to get a Georgia federal court to throw out a suit claiming it must indemnify a sports bar for a shooting that took place on the premises, with the judge ruling that the policy's firearms exclusion doesn't shield the insurer from a duty to defend the establishment.

  • August 31, 2018

    Dairy Co. Denied Win On $7M Income Loss Coverage Bid

    A New Jersey federal judge on Thursday dealt a blow to a dairy company's bid to force a Travelers unit to cover $7 million in business income losses tied to the termination of its lucrative distribution contract following the destruction of a warehouse, rejecting the company's proposed method of valuing the insurance claim.

  • August 31, 2018

    Taxation With Representation: Sidley, Skadden, Norton

    In this week’s Taxation with Representation, Apollo Global Management bought Aspen Insurance in a $2.6 billion deal, Stryker acquired all the outstanding shares of K2M for $1.4 billion, and Eclipse Resources and Blue Ridge Mountain Resources merged in a $1.4 billion deal.

  • August 31, 2018

    Travelers, Tilton Top Insurance Appeals To Watch This Fall

    Federal appeals courts are set to hear arguments in several potentially precedent-setting cases in the coming months, including Travelers' challenge of a ruling that it must pay a private equity firm $87 million to defend lawsuits involving a portfolio company's products and a bid by Lynn Tilton's investment firm for excess coverage of a U.S. Securities and Exchange Commission probe. Here, Law360 breaks down four key oral arguments insurance attorneys should watch this fall.

  • August 31, 2018

    Lloyd's Allows Underwriters To Insure Cannabis In Canada

    Lloyd’s of London syndicates will soon be able to underwrite cannabis-related business in Canada without breaching Britain’s anti-money laundering laws — but they must be vigilant about policyholders moving the drug into the U.S, the specialty insurance market has said.

  • August 30, 2018

    5th Circ. Nixes Appeal In Coverage Row Over $60M Ship Crash

    The Fifth Circuit on Wednesday tossed three oil companies’ appeal of a Louisiana federal court’s decision capping the potential liability of Cenac Marine Services LLC’s excess insurers for a 2016 ship accident that resulted in $60 million worth of damage, saying the lower court’s order was not ripe for appellate review.

  • August 30, 2018

    Insurer Must Face $8M Verdict In Mayors' Group Suit

    Great-West Life & Annuity Insurance Co. can’t escape an $8 million verdict in a case that found it breached a contract with the United States Conference of Mayors over its marketing of retirement plans to municipal employees, a D.C. federal judge has ruled, finding that the jury had enough evidence to award damages.

  • August 30, 2018

    Fed, FDIC Give 5 Firms More Time To Submit 'Living Wills'

    The Federal Reserve and the Federal Deposit Insurance Corp. said Thursday that they’re pushing back the deadlines for four major foreign banks and one nonbank to file their next round of "living wills" detailing how they can be speedily and safely wound down in the event of a crisis.

  • August 30, 2018

    6th Circ. Revives Tribe's ERISA Row With Mich. Blue Cross

    The Sixth Circuit revived a lawsuit on Thursday that accused Blue Cross Blue Shield of Michigan of overcharging a Native American tribe’s employees for health care by failing to take advantage of federal regulations that allow tribes to pay reduced rates for hospital services.

  • August 30, 2018

    GE Unit's Arbitration Bid Nixed In $45M Steel Plant Row

    The Eleventh Circuit on Thursday reversed an order forcing an Alabama steel plant owner to arbitrate its dispute with a French unit of General Electric Co. for supplying allegedly faulty motors, concluding that there was no written arbitration agreement between them.

  • August 30, 2018

    Aetna Gets Pediatrix's Claims Payment Suit Sent To Pa.

    A Texas federal judge on Wednesday granted Aetna’s request to send Pediatrix Medical Services’ suit accusing it of prioritizing profits over patient care to the Eastern District of Pennsylvania, finding that the insurer’s earlier filing in the northeastern state made it the proper venue for the claims.

  • August 30, 2018

    Insurer Wants Out Of Hotel's $950K Discrimination Suit

    An insurer sued a West Virginia hotel in federal court Thursday, saying that its policy excludes coverage of a jury verdict granting two would-be guests $950,000 over claims that the establishment denied them accommodations based on their race.

  • August 30, 2018

    State Farm Plotted To Buy Judge, Jury To Hear In RICO Trial

    The clash of campaign contributions and judicial ethics will take center stage in a trial set to begin Tuesday in Illinois federal court, in a class action from State Farm policyholders who allege the insurer schemed to buy the vote of an Illinois Supreme Court justice who was overseeing a $1 billion case.

Expert Analysis

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Menchaca Continues To Preclude Post-Appraisal Liability

    Crystal Vogt

    The Texas Supreme Court's revised opinion in USAA v. Menchaca seemingly provided another opportunity for courts to reinterpret how Menchaca might affect post-appraisal claims. However, Texas courts have continued to confirm that timely payment of an appraisal award precludes extracontractual exposure, say Crystal Vogt and Bennett Moss of Zelle LLP.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.