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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.