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Insurance

  • November 15, 2018

    DOJ Cuts Deal With Hospital In Patient-Steering Suit

    The U.S. Department of Justice announced Thursday it has struck a deal with a North Carolina hospital system in the department’s suit alleging the health care network used its stronghold in the local market to keep major health insurers from informing patients about lower-cost hospitals.

  • November 14, 2018

    Insurer Must Pay $11.6M Plane Crash Judgment, Judge Says

    A Kansas judge has ruled that the liability insurer for a pilot killed in a 2013 plane crash must cover an $11.6 million judgment entered against the pilot’s estate in a wrongful death lawsuit, finding that the insurer’s failure to promptly offer its $100,000 policy limit to settle the claim led to the massive award.

  • November 14, 2018

    Schorsch, Vereit Move Ahead In $18M Chancery Fee Fight

    A Delaware vice chancellor encouraged former real estate mogul Nicholas Schorsch, a Vereit Inc. affiliate and others to soldier on Wednesday in an $18 million fee advancement dispute linked to litigation over the meltdown of American Realty Capital Partners in 2015 

  • November 14, 2018

    DOJ Poised To Squeeze FCA Testimony From Anthem

    The U.S. Department of Justice is entitled to testimony from Anthem Inc. as part of a False Claims Act probe of potential Medicare Advantage fraud, a New York magistrate judge has decided.

  • November 14, 2018

    Insurance Trustee Fined $370K For Suing Life Partners

    A Texas bankruptcy court on Tuesday imposed more than $370,000 in fines and held in contempt a life insurance trustee who violated a court order not to launch new litigation over the ownership of insurance policies that were bought by Life Partners Holdings Inc.

  • November 14, 2018

    Rate-Setting Makes Insurer ERISA Fiduciary, 10th Circ. Told

    Counsel for a class of 270,000 retirement plan participants urged a Tenth Circuit panel to revive their suit against Great-West Life & Annuity Insurance Co. over its distribution of investment profits Wednesday, arguing that the insurer must be considered a fiduciary under the Employee Retirement Income Security Act.

  • November 14, 2018

    Capgemini's $990K Deal Gets Final Nod In Benefits Dispute

    A $990,000 settlement resolving a class action accusing Capgemini North America Inc. of cheating Indian national employees out of health care insurance cleared its final hurdle Tuesday when an Illinois federal judge granted final approval.

  • November 14, 2018

    Global Regulators To Review Risk Assessment Of Top Insurers

    A group of global insurance regulators on Wednesday proposed suspending publication of its list of systemically important insurers who must comply with tougher capital rules, saying it wants to review the way it assesses the size of capital buffers.  

  • November 13, 2018

    NJ Firm Can Drop Client In Insurance Fraud Suit

    A law firm was allowed to withdraw as counsel for a New Jersey homeowner Tuesday in an insurance fraud suit brought by mortgage lender Wilmington Savings Fund Society FSB, after a federal judge determined the defendant has not been responsive with her attorneys or paid her legal bills.

  • November 13, 2018

    Insured California Wildfire Losses May Top $6B, Report Says

    A spate of deadly wildfires that has scorched hundreds of thousands of acres in California may end up costing insurance companies $6 billion or more, according to a report issued Monday by Moody’s Investors Service Inc.

  • November 13, 2018

    Law Firm Says Staffer's Prior Employment Doesn't Warrant DQ

    A Texas law firm defended its involvement Monday in an insurer client's coverage dispute with a seed company, saying one of the firm’s support staff had indeed previously worked for the seed company but left long before the grounds for a coverage dispute were even known.

  • November 13, 2018

    Fla. Blue Cross Illegally Cornering ACA Market, Rival Says

    Blue Cross Blue Shield of Florida was hit with a suit on Tuesday claiming it has created an unlawful stranglehold on Affordable Care Act policies in the Sunshine State by having brokers agree not to carry policies from any other insurer.

  • November 13, 2018

    Insurer Says Sports Bar Not Covered In Customers' Crash Suit

    Atlantic Casualty Insurance Co. filed suit Tuesday against a sports bar it insures to avoid paying for an underlying suit by four customers over an intoxicated patron who crashed his car into the Cincinnati-area bar, telling an Ohio federal court that several exclusions apply to bar coverage.

  • 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.

Expert Analysis

  • 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.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Medidata And American Tooling Courts Misunderstood Tech

    Joshua Mooney

    While some believe that two recent circuit court decisions — Medidata Solutions and American Tooling — represent a shift toward broadening insurance coverage for phishing attacks, the courts' imprecise interpretation of "integrity" and "instructions to" a computer system casts doubt on whether the decisions will stand, says Joshua Mooney of White and Williams LLP.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.