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Insurance

  • September 4, 2018

    ACA Funding Case Doesn't Need Full Fed. Circ., DOJ Says

    The U.S. Department of Justice has urged the Federal Circuit to stand by its ruling that the federal government wasn’t required to pay health insurers $12 billion more under an Affordable Care Act provision.

  • September 4, 2018

    Withers Lands Ex-Bryan Cave Arbitration Pro In NY

    Withers LLP has nabbed a former Bryan Cave Leighton Paisner LLP attorney to lead its international arbitration team in the United States, bolstering its New York offerings with her experience representing clients in industries including hospitality, infrastructure, energy, insurance and pharmaceuticals, according to a Tuesday announcement.

  • September 4, 2018

    Judge Skeptical Of Platinum Partners D&O Insurer In $5M Suit

    A directors and officers liability insurer got a cool response from a New York judge on Tuesday in its effort to slip responsibility for legal expenses faced by executives at Platinum Partners who face criminal charges, with the judge saying the case wasn’t as clear-cut as the insurer argued.

  • September 4, 2018

    Hanover Must Face Suit Over Construction Delay Coverage

    Hanover Insurance Co. must face a Dallas real estate developer’s lawsuit seeking coverage for lost rental income and other costs allegedly resulting from a storm-induced construction delay at an office building, a Texas federal judge has held, finding that there are multiple factual disputes about the circumstances of the delay that must be resolved at trial.

  • September 4, 2018

    American Airlines Says Fliers Can't Win Travel Insurance Case

    American Airlines Inc. asked a Florida federal court on Friday to deny a customer's request for a partial win in a proposed class action over the airline's relationship with a third-party travel insurance agency, arguing that the motion "fails badly" and underscores that the customer can't prove the claims in his complaint.

  • September 4, 2018

    State Farm To Pay $250M To Settle Rigged-Judge Trial

    State Farm agreed Tuesday to pay $250 million to settle a suit alleging it secretly worked to help elect an Illinois high court justice in order to overturn a billion-dollar judgment against it.

  • September 4, 2018

    Ex-Duane Morris Exec's Benefits Bid Too Old, Insurer Says

    Standard Insurance Co. urged an Oregon federal judge to dismiss an Employee Retirement Income Security Act suit from the former chief marketing officer of Duane Morris LLP over the denial of his long-term disability claim, arguing that the executive waited too long to seek the benefits.

  • August 31, 2018

    In State Farm Trial, Veiled Donations May Stoke Juror Anger

    Groups with ties to State Farm strategized to avoid disclosing contributions that ended up in the campaign coffers of a judge who ultimately helped knock down a $1 billion judgment against the insurer, according to a trove of documents that may serve the important role of outraging jurors in a trial starting Tuesday even if it doesn't turn out to show illegal acts, experts say.

  • August 31, 2018

    Insurer Can't Escape Liability In Staples Delivery Crash

    The Third Circuit has affirmed a court's apportionment of responsibility mostly to Princeton Excess and Surplus Lines Insurance Co. in a suit over coverage for an injury that happened during a vendor's delivery of Staples Inc. goods to a casino.

  • August 31, 2018

    Ethics Of State Farm Attys To Take Stage In Rigged Judge Trial

    The impending trial surrounding whether State Farm secretly advanced the election of an Illinois high court justice in order to torpedo a billion-dollar judgment against it promises to put an ethics spotlight on the insurer’s legal teams, with opposing counsel poised to pry into what those attorneys knew and what they were duty-bound to disclose.

  • August 31, 2018

    Suit Says Pa. Policyholder's Atty Tried To 'Extort' Insurer

    A Philadelphia-area attorney is facing claims in state court that he pursued knowingly frivolous claims on behalf of a homeowner against her insurer in a naked attempt to “extort” it into a settlement.

  • August 31, 2018

    Software Co. Not Covered For Biometric Suit, Insurers Say

    A pair of insurers told a California federal court that they have no duty to defend or indemnify health care software provider Omnicell Inc. in a proposed class action accusing the company of violating Illinois’ biometric privacy law by improperly retaining fingerprint data for a hospital’s employees, saying Omnicell’s policies exclude claims for statutory violations.

  • August 31, 2018

    Paul Weiss, Drinker Biddle Guide $307M Insurance Deal

    Bermuda-based reinsurance holdings company Maiden Holdings said Friday it is selling one of its subsidiaries to an Enstar Group unit to cut costs and improve efficiency in a $307 million cash and borrowings deal guided by Paul Weiss Rifkind Wharton & Garrison LLP and Drinker Biddle & Reath LLP.

  • August 31, 2018

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

    The last week has seen AIG, Swiss Re and several Lloyd's syndicates lodge a shipping claim against Maersk, more retailer claims against Visa and Mastercard, and a new application involving the Libyan Investment Authority. Here, Law360 looks at those and other new claims in the U.K.

  • August 31, 2018

    Insurer Premera Accused Of Wiping Evidence In Breach Case

    Health insurer Premera Blue Cross has been accused in Oregon federal court of destroying a key computer and software logs that may have shown evidence of a 2015 data breach that affected 11 million people.

  • August 31, 2018

    Cigna To Face Patients' Overcharging Claims In ERISA Suit

    A proposed class of plan participants adequately alleged that Cigna Health and Life Insurance Co. flouted the Employee Retirement Income Security Act by overcharging them for medically necessary services, a Connecticut federal judge ruled, largely denying the insurer’s bid to toss the claims.

  • 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.

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.