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  • November 30, 2018

    Insurer Tells 6th Circ. $40M Tunnel Borer Delay Not Covered

    Maxum Indemnity Co. has urged the Sixth Circuit to affirm that it has no duty to defend or indemnify a tunnel-boring machine maker in a $40 million arbitration action over delays caused by an equipment breakdown, saying the action consists solely of breach-of-contract claims that are excluded from Maxum’s policies.

  • November 30, 2018

    Landlord Loses 5th Circ. Rehearing Bid In Lease Case

    The Fifth Circuit has refused a Texas shopping center landlord’s bid for a rehearing in a liability insurance case, finding that the insurer does not have to provide coverage for the landlord’s failure to complete commercial lease negotiations with a new restaurant on time.

  • November 30, 2018

    Taxation With Representation: Nixon, Kirkland, Skadden

    In this week’s Taxation with Representation, Nixon Peabody bought Oasis Outsourcing Acquisition Corp. for $1.2 billion, an ArcLight Energy subsidiary bought TransMontaigne Partners LP for $536 million, and Forrester bought SiriusDecisions for $245 million.

  • November 29, 2018

    There's A Storm Brewing For Some Texas Contractors

    A class action born in the aftermath of a May 2011 hail storm could have far-reaching effects on the Texas roofing industry as a state court considers claims that a contractor illegally acted as an insurance adjuster.

  • November 29, 2018

    Dominican Bank Owner Gets 3 Years For $1B Bribery Scheme

    The former owner of a Dominican Republic bank was sentenced Thursday in Florida federal court to three years in prison for his role in a $1 billion bribery and money laundering scheme he carried out with a billionaire Venezuelan television mogul and others.

  • November 29, 2018

    Carchex LLC Must Face Overtime Suit, Maryland Judge Says

    Auto warranty provider Carchex LLC can’t sidestep a class action by former call center employees who claim they weren’t compensated for working overtime, a Maryland federal judge ruled Wednesday, saying the company’s motion to dismiss was "without merit."

  • November 29, 2018

    Fla. Pharmacist Gets 6½ Years For Bogus Claims For Creams

    A Florida licensed pharmacist was sentenced Thursday to 6½ years in prison for participating in a $3.4 million scheme to submit fraudulent claims to Tricare, Medicare and private insurance programs for compounded creams that were not necessary.

  • November 29, 2018

    States Fire Back At Gov't In Association Health Plan Row

    A coalition of states has shot back at the U.S. Department of Labor's attempt to end a lawsuit challenging the agency's association health plan rule, urging the court to reject the federal government's argument that the states don't have standing to sue.

  • November 29, 2018

    Walmart Clothing Supplier Denied Coverage For TM Feud

    A California federal judge on Wednesday held that a Walmart clothing supplier isn’t entitled to coverage from a Chubb Ltd. insurer for the sums it spent defending and settling a lawsuit accusing the retail giant of infringing a mixed martial arts apparel company’s trademarks, on the grounds that the underlying action didn’t allege a covered advertising injury.

  • November 28, 2018

    Former NJ Estate Atty Cops To Money Laundering Scheme

    A former New Jersey attorney with a history of criminal and civil offenses copped to his role Wednesday in a money laundering scheme that also netted criminal charges against his father, federal prosecutors announced.

  • November 28, 2018

    Insurer Needn’t Defend Man Sued Over Fatal Shooting By Son

    An Indiana appeals court held Wednesday that an insurance company need not defend a policyholder in a wrongful death suit over a shooting committed by his adult son, after determining the son can be considered a household resident excluded under the policy.

  • November 28, 2018

    $38M Win For 'Madoff' Defamation Isn't Covered, 9th Circ. Told

    Berkley National Insurance Co. urged the Ninth Circuit on Tuesday to affirm a lower court’s holding that it is not obligated to cover a $38 million defamation award that a Los Angeles real estate investor won against Berkley’s policyholder, who created websites comparing the investor to jailed Ponzi schemer Bernie Madoff.

  • November 28, 2018

    2nd Circ. Says Arbitrators Can Revisit Unclear Decisions

    The Second Circuit said Wednesday that arbitrators can reopen decisions to clarify points of ambiguity or unaddressed contingencies, creating a limited exception to the usual norm of absolute finality for arbitration awards.

  • November 28, 2018

    Puerto Rico OKs New Policyholder Protections Post-Maria

    Citing problems with insurers’ handling of claims following the devastation of Hurricane Maria last year, the governor of Puerto Rico on Tuesday signed into law six bills designed to expand coverage options for the island’s policyholders and expedite payments following disasters.

  • November 28, 2018

    Dish Not Covered For $280M Robocall Verdict, Insurer Says

    National Union Fire Insurance Co. of Pittsburgh, Pa., fought back Tuesday in Colorado federal court against a bid by Dish Network to knock out part of its suit seeking to avoid coverage for a $280 million robocall verdict, saying its situation mirrors that of another Dish insurer recently let off the hook.

  • November 28, 2018

    Doctor Tells 1st Circ. ERISA Should Guarantee Disability Plan

    A New Hampshire doctor asked the First Circuit on Wednesday to revive her Employee Retirement Income Security Act benefits case, arguing that she entered a timely appeal when her insurance provider terminated what should have been a guaranteed long-term disability plan after a cognitive disorder left her unable to practice medicine.

  • November 27, 2018

    Arent Fox's Malpractice Defense Draws Judge's Ire

    Arent Fox LLP and an investment adviser that sued it for malpractice squared off in a lengthy hearing before a Manhattan federal judge Tuesday, with both sides taking tough questions and the judge suggesting that even a child could see problems with Arent Fox’s view of the evidence.

  • November 27, 2018

    Royal Caribbean Escapes Travel Insurance Class Action

    Royal Caribbean sailed away Tuesday from a Florida couple's proposed class action claiming the cruise line deceives passengers by not disclosing commissions it receives on travel insurance it offers, as a federal court found the suit is barred by provisions in its ticket contracts.

  • November 27, 2018

    Progressive Moves Toward Trial Over Driver's $23M Judgment

    Progressive American Insurance Co. must face the prospect of trial over claims it exposed a policyholder to a $22.6 million judgment by failing to coax him to complete paperwork he opposed for moral reasons, a Florida federal judge has ruled.

  • November 27, 2018

    3 Important Insurance Appeals To Watch In December

    Federal appeals courts are slated to hear arguments in several potentially precedent-setting cases in December, including a homeowner's first-of-its-kind action seeking coverage for clawbacks in Bernie Madoff's Ponzi scheme and Yahoo Inc.'s bid to put an AIG unit on the hook for its defense of multiple Telephone Consumer Protection Act suits.

Expert Analysis

  • Clear, Concise Disclosures For Variable Contracts In Sight

    Ronald Holinsky

    The U.S. Securities and Exchange Commission's recent proposals to improve disclosures about variable annuities and variable life insurance contracts should go a long way in enhancing the investment experience for retail investors, say Ronald Holinsky of Lincoln Financial Group and Robert Robertson of Dechert LLP.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Iran Sanctions Reimposed: 5 Key Questions

    Mario Mancuso

    With this week's reimposition of the final tranche of U.S. sanctions against Iran, foreign subsidiaries of U.S. companies must ensure they have concluded all Iran-related business. The addition of more Iranian individuals and entities to the specially designated nationals list means additional compliance risks, say attorneys with Kirkland & Ellis LLP.

  • What Montrose Means For Multilayered Insurance In Calif.

    Robert Anderson

    The California Court of Appeal's recent decision in Montrose v. Superior Court, which held that trial courts deciding coverage cases that involve multiple layers of insurance must analyze each policy, is unsurprising given the California Supreme Court's analysis in similar cases, though some inconsistencies may need to be addressed, say Robert Anderson and Gary Spencer of The Anderson Edge.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    Texas Hail Bill Leads To Policyholder Attorney Hail Marys

    Brian Odom

    With the anticipated wave of insurance litigation involving Hurricane Harvey disputes, it's likely that Texas lawyers will look to circumvent the so-called Hail Bill. Courts should continue to enforce the bill's clear intention — promoting early resolution of disputed weather-related insurance claims, say Brian Odom and Raven Atchison of Zelle LLP.