We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Insurance

  • September 20, 2018

    Kokesh Defeats JPMorgan's $286M Coverage Award: NY Court

    A New York appeals court on Thursday reversed an order requiring a group of insurers to pay J.P. Morgan Securities Inc. $286 million for settlement costs that Bear Stearns shelled out in a deal with the U.S. Securities and Exchange Commission, saying coverage is precluded based on the U.S. Supreme Court's 2017 ruling in Kokesh that disgorgement is a penalty.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    2nd Circuit Balks At Bid To Lower No-Fault Fraud Sentence

    The Second Circuit on Thursday expressed reluctance to force a federal judge in Brooklyn to rethink a prison sentence that was longer than prosecutors originally recommended for a man who admitted his role in a no-fault insurance scheme after cooperating with prosecutors to bring in his alleged co-conspirators.

  • September 20, 2018

    Aetna Plan Doesn't Cover Wilderness Therapy, Court Agrees

    Aetna Life Insurance Co. prevailed on its bid for a quick win in a suit over wilderness therapy coverage on Wednesday, with a Utah federal judge deciding that a family didn’t prove that Aetna’s refusal to cover the treatment violated the Mental Health Parity and Addiction Equity Act.

  • September 20, 2018

    Lloyd's Coverage Of 'Body Broker' Cases Capped At $2M

    An Illinois federal judge on Wednesday ruled that a Lloyd’s of London underwriter has no further duty to defend a policyholder facing 10 suits over its alleged practice of cutting up and selling donated cadavers, holding that all the suits constitute a single claim and the insurer has already paid out more than the $2 million per-claim limit.

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    Data Regulator Plans GDPR 'Sandbox' To Test Compliance

    The U.K.’s data regulator has announced plans to create a regulatory test site to help companies try out innovative business ideas without breaching Europe’s new information protection regime and risking tough penalties.

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Okla. Insurance Co. Sues Rival Over Alleged Poaching

    An Oklahoma insurance and human resources consulting firm filed suit late Tuesday in Delaware Chancery Court, accusing a competing firm of poaching a former employee as part of an alleged scheme aimed at expanding its presence in the Sooner State.

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

  • September 19, 2018

    Progressive Must Face Most Of Drivers' Car Value Claims

    A California federal judge denied most of Progressive Casualty Insurance Co.'s motion to dismiss a driver's putative class action alleging it unfairly undervalued vehicles declared totaled, finding Wednesday that the driver's claims under the Unfair Competition Act are viable.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

  • September 19, 2018

    Insurer Says Hotel Can't Prove Alleged Conspiracy's Impact

    Attorneys for insurer Highmark Inc. argued Wednesday that a Pennsylvania federal judge should deny certification to a proposed class action because an expert witness for a Pittsburgh-area hotel chain didn't show her methods for linking higher health care premiums to an alleged "truce" between Highmark and a rival.

  • September 19, 2018

    3 Key Insurance Questions Lingering After Florence

    As Hurricane Florence's devastating floodwaters recede and residents of the Carolinas start picking up the pieces, many affected homeowners may find that their damage claims fall into gaps in their insurance, while some business owners may face resistance from insurers on claims for lost profits due to the interruption of their operations. Here, Law360 looks at three key insurance questions coming into focus in Florence's aftermath.

  • September 19, 2018

    Contractor Says Insurer Can't Appeal Sports Complex Fight

    Members of a contractor joint venture have urged a Texas federal judge not to allow Mt. Hawley Insurance Co. to appeal a ruling that required it to defend them against a lawsuit over allegedly faulty construction on a San Antonio-area sports complex, saying Mt. Hawley does not have an adequate question that needs review by the Fifth Circuit.

  • September 19, 2018

    Timeshare Owners Fight Fla. County's Bid To Escape Suit

    Timeshare owners on Tuesday asked a federal court to deny an attempt by Orange County, Florida, to win a quick judgment in its favor in a suit alleging that Marriott Ownership Resorts Inc. and its insurer duped them into invalid real estate deals with the county's help, saying it wrongly recorded defective trust instruments.

  • September 19, 2018

    NRA Atty's Admission Debacle Shows Need For Ethics Candor

    The recent expulsion of a National Rifle Association lawyer from a Virginia case underscores that attorneys should err on the side of disclosure and treat a request to practice in a different jurisdiction as an open-ended call for any information a judge might want.

  • September 19, 2018

    Are GDPR Fines Insurable? UK Watchdog Won't Say

    Britain’s data regulator has refused to be drawn on whether businesses can insure themselves against the huge fines that can be levied under Europe’s new information protection regime, as it urges companies to invest in compliance rather than worrying about penalties.

  • September 18, 2018

    Firms Vie For Lead Counsel Spot In AmTrust Chancery Suits

    Major plaintiffs' firms including Grant & Eisenhofer PA and Kessler Topaz Meltzer & Check LLP sought the lead counsel spot Tuesday in putative class action suits against AmTrust Financial Services Inc. in Delaware Chancery Court over a $2.95 billion take-private proposal brought by the company's controlling shareholders.

  • September 18, 2018

    Ban On Prescription Drug 'Gag Clauses' Clears Senate

    The U.S. Senate has passed a piece of bipartisan legislation designed to bar the practice of hiding lower prescription drug costs from patients, the authors of the bill announced Monday.

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Post-Florence Insurance Considerations For The Carolinas

    Patrick Aul

    In 2016, Hurricane Matthew was an extraordinary event that caused the Carolinas' departments of insurance to provide additional safeguards for insureds. The impact of Hurricane Florence will likely compel North and South Carolina to take the same actions again, say Patrick Aul and Stephen Pate of Cozen O'Connor.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • A Breakdown Of Title Insurance For Mezzanine Financing

    Excerpt from Lexis Practice Advisor
    Spencer Compton

    Despite pessimism after the recession, mezzanine financing continues to be a part of almost every significant commercial real estate transaction. Lenders should understand the basic mezzanine debt structure and what title insurance options are available to them, say Spencer Compton and David Wanetik of First American Title Insurance Company.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.