• March 9, 2018

    Insured's Ignorance Of Grace Period's End No Excuse: Judge

    A Pennsylvania federal judge ruled Thursday that Cincinnati Insurance Co. needn't pay more than $100,000 to Wescott Electric Co. in connection with a decadelong, multimillion-dollar employee theft, saying that, in the string of policies Wescott bought, it should have known of the eventual discontinuation of a one-year grace period for claims reporting.

  • March 9, 2018

    Brand Battles: Apple, McDonald's, Travelers, Marriott

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple faces a fight over its "HomePod" smart speaker, McDonald's asserts its "family of marks," and Travelers picks a fight with Marriott over a travel magazine.

  • March 9, 2018

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

    The last week has seen a BMW plant lodge a commercial fraud claim against Barclays, another dispute between Barents Re and Petróleos de Venezuela's captive insurer and AXA take on a rival private health insurer.

  • March 9, 2018

    DOL Told Health Plan Rule May Hurt Insurance Markets

    Insurers, state attorneys general, care providers and others piled on the U.S. Department of Labor’s proposal to loosen requirements for setting up so-called association health plans ahead of a March 6 deadline for public comments, warning it could destabilize swaths of the insurance marketplace and invite fraud.

  • March 9, 2018

    Taxation With Representation: Wachtell, Skadden, Baker

    In this week’s Taxation with Representation, Cigna bought Express Scripts for $67 billion, GTCR LLC and Sycamore Partners took CommerceHub private in a $1.1 billion deal and AXA Group acquired XL Group Ltd. for $15.3 billion.

  • March 9, 2018

    3 Key Questions On The US-EU Insurance Pact

    State insurance regulators have begun tackling key questions regarding the implementation of a pact between the U.S. and the European Union that will ax collateral requirements for EU reinsurers doing business stateside, including to what extent existing laws must be changed and whether foreign reinsurers outside the bloc will be eligible for similar benefits. Here, Law360 looks at three important issues facing regulators as they chart a path for effectuating the transatlantic insurance deal.

  • March 8, 2018

    Insurer Excused After Paying $1M To Settle Worker Death Suit

    A Texas federal court Thursday let Gray Insurance Co. out of defending a generator supplier from a suit over a fatal electrocution, saying the survivors’ agreement not to seek judgment from the supplier is as good as a settlement for policy exhaustion purposes.

  • March 8, 2018

    Anthem Blue Cross, Health Net Violated FCA, 9th Circ. Told

    A former medical data contractor worker accusing Anthem Blue Cross, Health Net and other insurers of violating the False Claims Act told the Ninth Circuit on Thursday that the companies knowingly submitted exaggerated health assessment data to the government, while the defendants said the suit fails to give specifics about their alleged wrongdoing.

  • March 8, 2018

    Ex-CEO Of Aon's Bolivian Units Can’t Avoid US Fraud Suit

    An Illinois federal judge refused Wednesday to dismiss claims by insurance brokerage Aon Corp. against the former CEO of two Bolivian subsidiaries, saying public interest indicates that the case should remain in the American court.

  • March 8, 2018

    Speedy Class Cert. Rejected In Patriot National Ch. 11

    A Delaware bankruptcy judge rejected a request Thursday for a short-notice hearing on certification of a shareholder claim class in Patriot National Inc.’s Chapter 11, saying the issue was complex and the risks from following regular timetables were limited.

  • March 8, 2018

    Trump Administration Rejects Idaho's Bid To Skirt ACA

    The Trump administration on Thursday balked at Idaho’s closely watched proposal to allow sales of health insurance policies that don’t meet Affordable Care Act standards, signaling a limit to the administration’s openness to relaxing the law’s requirements.

  • March 8, 2018

    Chubb Units Don't Have To Cover IT Co. In Hawaii DOT Spat

    A bankrupt IT consultancy can’t use insurance policies with two Chubb units to pay for a suit over a “worthless” software system it built for the Hawaii Department of Transportation, a Colorado federal court has ruled, finding that the underlying suit’s allegations are strictly digital and therefore not “property damage.”

  • March 8, 2018

    Deals Rumor Mill: Royal Dutch Shell, Heineken, Prudential

    Oil giant Royal Dutch Shell and private equity firm Blackstone have reportedly teamed up to make a joint offer for assets from BHP, China Resources Beer is mulling a deal for the Chinese business of Heineken, and Prudential’s Malaysian unit is in talks to sell a 30 percent stake.

  • March 8, 2018

    US Coachways Wins Coverage Of $50M TCPA Deal

    Illinois Union Insurance Co. must cover a nearly $50 million class action settlement that resolved claims that US Coachways Inc. violated the Telephone Consumer Protection Act with text message blasts to potential customers, a New York federal judge ruled Thursday, holding that multiple sections of the insurer's policy clearly extend coverage for the claims.

  • March 8, 2018

    Saudis Raised Immunity Bar Too Late, 9/11 Victims Say

    Victims of the Sept. 11 terrorist attacks, their families and insurers on Wednesday blasted Saudi Arabia and a now-shuttered Saudi charity for waiting too long to demand a higher bar for the accusations that they aided the terrorist organizations behind the plot.

  • March 8, 2018

    Cigna Inks $67B Deal For Express Scripts

    Cigna on Thursday revealed a $67 billion, including debt, acquisition of pharmacy benefit management services company Express Scripts, marking the latest tie-up in the health care space as the industry looks to reshape itself.

  • March 7, 2018

    Feds Say Mass. ‘Just Guessing’ Birth Control Rules Harmful

    U.S. Department of Justice attorneys argued Wednesday for the demise of one of several lawsuits challenging a Trump administration rule allowing businesses to drop contraception coverage from employee health plans on moral grounds, saying it has failed to show any imminent harm in Massachusetts.

  • March 7, 2018

    City Not Covered For Squirrel Shock Mishap: Iowa Court

    A city in Iowa can’t make its insurer pay for equipment that was damaged “when a gray squirrel scampered into an electrical substation” and made contact with a 7,200-volt circuit, a state appeals court ruled Wednesday, finding coverage for the violent electrical arcing that ensued is barred by an “electrical currents” exclusion.

  • March 7, 2018

    Fatal Sex Act Injury Not 'Self-Inflicted'; Insurer Must Pay

    An Illinois federal judge ruled that a man’s death during an act of autoerotic asphyxiation was not a self-inflicted injury and thus an insurer wrongly denied accidental death benefits to his widow.

  • March 7, 2018

    CVS Prices $40B Bond Sale To Help Fund Aetna Acquisition

    CVS Health Corp., which is in the process of acquiring health insurance company Aetna Inc. for $69 billion, priced a massive $40 billion bond offering to help fund the acquisition.

Expert Analysis

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.