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Insurance

  • August 31, 2018

    Insurer Can't Escape Coverage For Sports Bar Shooting

    An insurance company has failed to get a Georgia federal court to throw out a suit claiming it must indemnify a sports bar for a shooting that took place on the premises, with the judge ruling that the policy's firearms exclusion doesn't shield the insurer from a duty to defend the establishment.

  • August 31, 2018

    Dairy Co. Denied Win On $7M Income Loss Coverage Bid

    A New Jersey federal judge on Thursday dealt a blow to a dairy company's bid to force a Travelers unit to cover $7 million in business income losses tied to the termination of its lucrative distribution contract following the destruction of a warehouse, rejecting the company's proposed method of valuing the insurance claim.

  • August 31, 2018

    Taxation With Representation: Sidley, Skadden, Norton

    In this week’s Taxation with Representation, Apollo Global Management bought Aspen Insurance in a $2.6 billion deal, Stryker acquired all the outstanding shares of K2M for $1.4 billion, and Eclipse Resources and Blue Ridge Mountain Resources merged in a $1.4 billion deal.

  • August 31, 2018

    Travelers, Tilton Top Insurance Appeals To Watch This Fall

    Federal appeals courts are set to hear arguments in several potentially precedent-setting cases in the coming months, including Travelers' challenge of a ruling that it must pay a private equity firm $87 million to defend lawsuits involving a portfolio company's products and a bid by Lynn Tilton's investment firm for excess coverage of a U.S. Securities and Exchange Commission probe. Here, Law360 breaks down four key oral arguments insurance attorneys should watch this fall.

  • August 31, 2018

    Lloyd's Allows Underwriters To Insure Cannabis In Canada

    Lloyd’s of London syndicates will soon be able to underwrite cannabis-related business in Canada without breaching Britain’s anti-money laundering laws — but they must be vigilant about policyholders moving the drug into the U.S, the specialty insurance market has said.

  • August 30, 2018

    5th Circ. Nixes Appeal In Coverage Row Over $60M Ship Crash

    The Fifth Circuit on Wednesday tossed three oil companies’ appeal of a Louisiana federal court’s decision capping the potential liability of Cenac Marine Services LLC’s excess insurers for a 2016 ship accident that resulted in $60 million worth of damage, saying the lower court’s order was not ripe for appellate review.

  • August 30, 2018

    Insurer Must Face $8M Verdict In Mayors' Group Suit

    Great-West Life & Annuity Insurance Co. can’t escape an $8 million verdict in a case that found it breached a contract with the United States Conference of Mayors over its marketing of retirement plans to municipal employees, a D.C. federal judge has ruled, finding that the jury had enough evidence to award damages.

  • August 30, 2018

    Fed, FDIC Give 5 Firms More Time To Submit 'Living Wills'

    The Federal Reserve and the Federal Deposit Insurance Corp. said Thursday that they’re pushing back the deadlines for four major foreign banks and one nonbank to file their next round of "living wills" detailing how they can be speedily and safely wound down in the event of a crisis.

  • August 30, 2018

    6th Circ. Revives Tribe's ERISA Row With Mich. Blue Cross

    The Sixth Circuit revived a lawsuit on Thursday that accused Blue Cross Blue Shield of Michigan of overcharging a Native American tribe’s employees for health care by failing to take advantage of federal regulations that allow tribes to pay reduced rates for hospital services.

  • August 30, 2018

    GE Unit's Arbitration Bid Nixed In $45M Steel Plant Row

    The Eleventh Circuit on Thursday reversed an order forcing an Alabama steel plant owner to arbitrate its dispute with a French unit of General Electric Co. for supplying allegedly faulty motors, concluding that there was no written arbitration agreement between them.

  • August 30, 2018

    Aetna Gets Pediatrix's Claims Payment Suit Sent To Pa.

    A Texas federal judge on Wednesday granted Aetna’s request to send Pediatrix Medical Services’ suit accusing it of prioritizing profits over patient care to the Eastern District of Pennsylvania, finding that the insurer’s earlier filing in the northeastern state made it the proper venue for the claims.

  • August 30, 2018

    Insurer Wants Out Of Hotel's $950K Discrimination Suit

    An insurer sued a West Virginia hotel in federal court Thursday, saying that its policy excludes coverage of a jury verdict granting two would-be guests $950,000 over claims that the establishment denied them accommodations based on their race.

  • August 30, 2018

    State Farm Plotted To Buy Judge, Jury To Hear In RICO Trial

    The clash of campaign contributions and judicial ethics will take center stage in a trial set to begin Tuesday in Illinois federal court, in a class action from State Farm policyholders who allege the insurer schemed to buy the vote of an Illinois Supreme Court justice who was overseeing a $1 billion case.

  • August 30, 2018

    3 Things You Need To Know About NY's Latest Cyber Regs

    Companies will need to destroy old data, safeguard their information reserves and retrace breaches using digital breadcrumbs as part of new rules taking effect Tuesday in New York state's first-of-its-kind cybersecurity regulation. Here, Law360 breaks down three key issues.

  • August 30, 2018

    $5M Fine Is Excessive, Ex-Life Partners CEO Tells Judge

    The former CEO of Life Partners Holdings Inc. disputed a Texas federal magistrate judge’s call for him to pay $5 million in fines, saying Wednesday that the judge got the law wrong and gave his stamp of approval to the U.S. Securities and Exchange Commission’s “trophy-hunting” mindset.

  • August 30, 2018

    Calif. Gets PhRMA's Challenge To Drug Pricing Law Axed

    A California federal judge on Thursday dismissed a suit by the Pharmaceutical Research and Manufacturers of America challenging a state drug pricing law, finding the industry organization was only able to speculate that its members would be harmed by the law.

  • August 30, 2018

    Insurer Slams Dallas Hotel For Spilling Secret Settlement Talk

    Ace American Insurance Co. asked a Texas court to strike parts of a developer's lawsuit over $8.5 million in disputed payouts for delays and setbacks in the Statler Hilton Hotel's $250 million renovation, slamming the hotel owners for citing allegedly confidential settlement discussions in the suit.

  • August 30, 2018

    Cosmetics Co. Says Insurer Owes Coverage In Cancer Suit

    A Georgia-based cosmetics producer has sued a subsidiary of CNA Financial Corp. in Georgia federal court, claiming the insurer breached their insurance agreement by refusing to cover the producer in a lawsuit alleging its talc-based cosmetics contained asbestos that caused cancer in a customer.

  • August 30, 2018

    AXA UK Faulted Over Builder's 'Negligent' Tennis Court Work

    French insurer AXA has served up a suit at a London court against its U.K. arm on behalf of a British construction company as it seeks approximately £1.1 million ($1.4 million) over damage allegedly caused to a tennis court at a venue that hosts a top-level women’s tournament.

  • August 29, 2018

    3 Small Mass. Firms Get $475K In Deal With Auto Insurer

    A Massachusetts federal judge granted final approval Wednesday to a settlement between Amica Mutual Insurance Co. and car insurance policyholders that could surpass $27 million but is on track to net a fraction of that figure, including $475,000 for three small Massachusetts law firms that hammered out the deal resolving a coverage dispute over medical expenses.

Expert Analysis

  • The State Of Medicare Secondary Payer Act Litigation

    Laura Besvinick

    The certainty that tort liability settlements generally brought liability insurers in decades past has waned because of the Medicare Secondary Payer Act. And as MSP Act reimbursement actions wind through courts nationwide, plaintiffs’ recovery theories continue to morph, say Laura Besvinick and Julie Nevins of Stroock & Stroock & Lavan LLP.

  • Fortis Case Confirms Viability Of Dutch Settlement Law

    Jonathan Richman

    A Dutch court's approval this month of a €1.3 billion ($1.5 billion) collective settlement of claims brought by shareholders of the former Fortis shows that the Dutch Act on Collective Settlement of Mass Claims can be used to resolve transnational disputes on a classwide, opt-out basis, say Jonathan Richman of Proskauer Rose LLP and Ianika Tzankova of Tilburg University.

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Menchaca Continues To Preclude Post-Appraisal Liability

    Crystal Vogt

    The Texas Supreme Court's revised opinion in USAA v. Menchaca seemingly provided another opportunity for courts to reinterpret how Menchaca might affect post-appraisal claims. However, Texas courts have continued to confirm that timely payment of an appraisal award precludes extracontractual exposure, say Crystal Vogt and Bennett Moss of Zelle LLP.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.