• March 6, 2018

    Insurance Co. Wins Toss Of Native Schools' Benefits Suits

    A South Dakota federal judge on Monday agreed to toss suits from two schools chartered by the Oglala Sioux Tribe alleging the American United Life Insurance Co. made false representations regarding retirement plans for the educational facilities’ employees.

  • March 6, 2018

    PPG Retiree Class Seeks Quick Win In Health Benefits Suit

    A class of PPG Industries Inc. retirees accusing the company of rolling back lifetime health benefits that were promised in a series of union contracts urged a federal judge on Tuesday for a quick win on liability, a move accompanied by a similar bid from a subclass of retirees from an Ohio plant.

  • March 6, 2018

    Pa. Justices Query Process For 3rd-Party Insurance Claims

    Members of Pennsylvania’s highest court raised questions during oral arguments Tuesday about the extent to which injured workers must consent to lawsuits on their behalf by insurers to recover benefits paid out under their policies.

  • March 6, 2018

    Direct Contract Not Key To Insurance Coverage: Okla. Panel

    Three insurers must cover the owner of an oil pipeline that caught fire in several lawsuits despite their indirect contractual relationship to the energy company, an Oklahoma appeals court has found, breaking new ground in the state’s insurance law. 

  • March 6, 2018

    Seyfarth Guides Prudential's $185M Madison Ave. Loan

    Seyfarth Shaw LLP represented The Prudential Insurance Co. of America in connection with its $185 million loan to Ruben Cos. for an office and retail property on Madison Avenue in Manhattan, according to records made public in New York on Tuesday.

  • March 5, 2018

    Insurer Asks 11th Circ. To Nix $1.7M Transfer Fraud Coverage

    Ironshore Indemnity Co. on Monday urged the Eleventh Circuit to upend a Georgia federal judge's ruling that it must cover an information technology company's $1.7 million loss from a transfer induced by a fraudulent scheme, arguing that the lower court either ignored or misconstrued key language in the company's crime insurance policy.

  • March 5, 2018

    Patriot National's $15.5M DIP Loan Cleared With Changes

    A Delaware bankruptcy judge approved insurance service company Patriot National Inc.’s $15.5 million debtor-in-possession loan on Monday, but rejected the lender's bid for liens on future "avoidance action" recoveries of payouts just prior to the company's Chapter 11 filing.

  • March 5, 2018

    State Auto Wants Out Of Billy Goat Potato Chip TM Row

    State Auto Property and Casualty Insurance Co. told an Illinois federal court Monday it wants out of a suit claiming a potato chip maker stole the name of Chicago's Billy Goat Tavern, saying the company’s policy doesn’t cover willful intellectual property violations.

  • March 5, 2018

    10th Circ. Backs Ski Resort On 'Inherent Risk' Defense

    A man who was severely injured in a skiing accident can’t sue the Jackson Hole resort where he fell into a snow-covered pit, the Tenth Circuit said Monday, affirming a lower court’s ruling that the injury was a result of the “inherent risk” of alpine skiing.

  • March 5, 2018

    Fund Blasts Trustee's Deal With Insurer In $70M Ponzi Case

    An investment fund representing directors of an alleged $70 million Ponzi scheme run by a ticket brokerage's former CEO asked a New York bankruptcy court Friday to stop the company's trustee from settling with its directors and officers' insurer, saying any proceeds from the insurance policy belong to the directors, not the estate.

  • March 5, 2018

    S&P, Wells Fargo Look To Exit Life Settlements Suit

    S&P Global Inc. and Wells Fargo Bank NA on Friday asked a New York federal judge to toss a putative class action alleging that the ratings agency passed off investments in life insurance policies as safe even though the investments were based on fraudulent life-expectancy projections.

  • March 5, 2018

    Hospitals Can’t Arbitrate Lien Suit, Texas Court Says

    A pair of medical service and insurance providers on Friday lost their Texas state appeals court bid to compel arbitration of a lawsuit brought by a patient who alleged the health care companies applied a fraudulent lien after she was treated following a car accident.

  • March 5, 2018

    Liberty Mutual Inks $30M ERISA Deal With Retirees

    A California federal judge granted final approval Friday to Liberty Mutual's agreement to add about $30 million of additional retirement benefits to retirees' plan, settling Employee Retirement Income Security Act claims the insurer misled employees about how time spent at an acquired company would factor into their retirement benefits.

  • March 5, 2018

    International Insurers Warn Cyber Coverage Barriers Remain

    A group of global insurers called on Monday for a consistent regulatory framework to govern cybersecurity and demanded other legal reforms to help the cyber insurance market reach its full potential, including giving insurers access historical information about online attacks.

  • March 5, 2018

    Cravath, Debevoise Guide AXA's $15.3B Deal For XL Group

    AXA Group on Monday said it will take over Bermuda-based XL Group Ltd. in a $15.3 billion deal guided by Cravath Swaine & Moore LLP and Debevoise & Plimpton LLP that will turn the asset management and insurance firm into the largest commercial property and casualty insurer in the world.

  • March 5, 2018

    Calif. Justices Set To Tackle Key Liability Insurance Query

    California's high court will hear arguments Tuesday in a builder's lawsuit over its insurer's refusal to cover allegations that it negligently failed to supervise a former employee who sexually assaulted a middle school student, a case that raises the broader question of whether liability coverage applies to the unexpected consequences of intentional conduct.

  • March 2, 2018

    Insurer Must Cover Kickback Scheme Suit, 9th Circ. Affirms

    The Ninth Circuit on Friday upheld a lower court's finding that Hanover Insurance Co. must defend a real estate brokerage firm in a proposed class action over an alleged kickback scheme, finding that the insurer didn't show that all of the claims in the underlying action fall under a policy exclusion for deceptive business practices.

  • March 2, 2018

    NJ Firefighter Cops To Role In $50M Drug Fraud Scheme

    A New Jersey firefighter on Thursday became the latest to plead guilty to his role in a conspiracy that swindled the state’s health benefits programs and other insurers out of millions of dollars, federal prosecutors announced.

  • March 2, 2018

    Insurers Denied Quick Exit From Covering Dole Fraud Claims

    A Delaware judge has denied six excess insurers’ bid for a ruling that they don’t have to indemnify Dole Food Co. or two top officers for $222 million in settlements they struck to resolve stockholder suits accusing them of driving down Dole’s price before a 2013 take-private deal, finding that state law doesn’t prohibit insurance for such claims.

  • March 2, 2018

    Japanese Insurance Co. Buys MassMutual Unit For Nearly $1B

    The largest life insurer in Japan has secured the bulk of MassMutual International LLC’s insurance unit in Tokyo for nearly $1 billion, the companies announced Friday.

Expert Analysis

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Clashing Marijuana Laws Create Insurer Anxiety

    Hernán Cipriotti

    The dichotomy between federal and state marijuana laws challenges courts to evaluate the validity of contracts, including insurance policies. While only a handful of such cases were litigated last year, insurers and marijuana businesses alike are anxious to see how courts will deal with certain claims expected to surface. Some of the latest case law comes from Arizona and Michigan, says Hernán Cipriotti of Zelle LLP.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • The Rise And Fall Of Statistical Sampling In RMBS Cases

    Amanda Lawrence

    In the early days of the residential mortgage-backed securities and repurchase litigation that followed the 2008 crisis, plaintiffs’ strategy of proving their allegations through statistical sampling was highly successful. However, in recent years, a new trend has emerged, say attorneys with Buckley Sandler LLP.

  • What To Do With Performance Bonds When Projects Default

    Gary Strong high rez.jpg

    Sureties have surety defenses which sometimes allow them to disclaim coverage under performance bonds. However, this often requires a long and lengthy litigation in which the surety must sustain multiple burdens of proof, says Gary Strong of Seiger Gfeller Laurie LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • Severe Weather Events Create Insurance Dilemmas

    Edward Murphy

    In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.