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Insurance

  • May 18, 2018

    Tenn. Justices OK Toss Of $146M Mall Flood Coverage Award

    Tennessee's highest court denied an appeal by the owner of a Nashville mall claiming insurers owe it $146 million in flood damage coverage.

  • May 18, 2018

    5 Controversial Rules In The ALI's Insurance Law Project

    The American Law Institute is poised to vote Tuesday on a final draft of guidelines designed to help courts navigate liability insurance cases, including hotly contested provisions establishing when insurers can be held liable for malpractice by attorneys they pick to represent policyholders and when carriers can recoup defense costs paid on policyholders' behalf. Here, Law360 looks at five of the most controversial sections in the final version of the ALI's Restatement of the Law on Liability Insurance.

  • May 18, 2018

    Triton, KKR Sell Finnish Private Health Care Biz To CVC

    Funds advised by private equity giant KKR & Co. LP and investment firm Triton Investment Management Ltd. agreed to sell Finnish private health care and social services company Mehiläinen to CVC Capital Partners and a group of minority shareholders in Mehiläinen, the firms said Friday.

  • May 17, 2018

    10th Circ. Caps Ski Resort Project Insurer's Liability At $5M

    The Tenth Circuit ruled Thursday that National Union Fire Insurance Co. of Pittsburgh's liability for defects on Intrawest's dozens of ski resort condo construction projects was limited to $5 million total, leaving excess insurer Federal on the hook for the $8 million-plus it shelled out on Intrawest's behalf in two suits.

  • May 17, 2018

    NYC Atty Threatening To Call ICE Faces Complaint From Pols

    The man who was filmed screaming at employees of a New York City restaurant for speaking Spanish, then later identified as a complex commercial and insurance coverage attorney, is facing a formal complaint filed in the state court system’s Departmental Disciplinary Committee.

  • May 17, 2018

    Training, Insurance Best Cybersecurity Tools, Panelists Say

    The biggest cybersecurity threat facing law firms and their clients is employees who innocently click on a virus and fail to safeguard their passwords, making training and good insurance key necessities in the digital age, according to panelists who spoke at the New Jersey State Bar Association convention Thursday.

  • May 17, 2018

    Cozen Adds Lewis Brisbois Partner To Insurance Practice

    Cozen O’Connor on Thursday announced that a former Lewis Brisbois Bisgaard & Smith LLP partner has joined its global insurance practice, bringing 15 years of experience as a litigator and mediator to the firm.

  • May 17, 2018

    Aetna Seeks To Dodge Sleep Apnea Reimbursements Suit

    Aetna urged a Pennsylvania federal court Wednesday to toss certain claims from a Florida sleep center’s proposed class action alleging the insurer was not paying enough for out-of-network claims, arguing that some of the allegations are unsupported and redundant.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Kennedys Hires Skarzynski Partner With Sedgwick Ties

    Kennedys CMK has hired an insurance partner from Skarzynski Black, the latest of many former Sedgwick LLP partners who have ended up at the insurance boutique during or after Sedgwick's decline and shutdown, the firm announced Thursday.

  • May 17, 2018

    Cigna Gets Podiatry Group's ERISA Suit Booted From Court

    Cigna Health and Life Insurance Co. doesn't have to face an Employee Retirement Income Security Act suit from a New Jersey podiatry group alleging that the insurer shortchanged it on medical claims, after a New Jersey federal judge ruled on Wednesday that the medical provider didn't plead enough specifics to support its case.

  • May 16, 2018

    Relativity Secures Contested D&O Policies In Ch. 11

    Relativity Media received a New York bankruptcy judge's permission Wednesday to buy $3 million worth of insurance policies to protect current and former directors and officers, possibly including lawsuit-facing founder Ryan Kavanaugh, despite the objection of longtime adversary Netflix that the policies are expensive and possibly of little value to the estate. 

  • May 16, 2018

    Insurers Can't Evade New Claims In Dairy's Manure Suit

    A Washington federal judge dismissed a claim Wednesday in a dairy operation’s suit against four insurers regarding underlying manure-contamination claims, saying the insurers were not required to inform the dairy operation about the possibility of mediation, but rejected two other theories.

  • May 16, 2018

    Liberty, Travelers Off Hook For Costs In Ala. Enviro Cleanup

    A California federal judge on Tuesday ruled that Liberty Mutual and Travelers don’t have to cover environmental cleanup costs for an electronics company that struck a deal with an Alabama regulator, finding the policies only obligated the insurers to pay costs racked up as damages from a lawsuit.

  • May 16, 2018

    Mortgage Scam Suit Coverage Barred, Hartford Tells 9th Circ.

    Hartford Casualty Insurance Co. asked the Ninth Circuit on Tuesday to uphold a ruling that it does not have to defend or indemnify a California company for claims that it charged illegal mortgage modification fees, saying the uncovered claims against it cannot be separated from the potentially covered ones.

  • May 16, 2018

    3rd Circ. Says Anti-Assignment Clauses Stand In ERISA Plans

    The Third Circuit on Wednesday joined some of its sister circuits in holding that health insurance plan clauses barring the assignment of claims to third parties, including the provider of the underlying care, are enforceable in Employee Retirement Income Security Act-governed plans.

  • May 16, 2018

    Ex-State Street VP Loses Bid To Invoke Evidence Treaties

    A federal judge in Massachusetts on Tuesday declined to trigger a foreign treaty to help a former State Street executive access documents and depositions from co-workers and clients he allegedly swindled that could aid his defense against securities fraud charges, but expressed concern that the government can access evidence abroad.

  • May 16, 2018

    9th Circ. Probes Calif. FCA In Office Depot Row With AIG

    Office Depot on Wednesday urged a Ninth Circuit panel to revive its bid to force an AIG unit to cover its costs in a suit alleging it violated California's False Claims Act by overbilling public agencies, asserting claims under the CFCA are not necessarily subject to state law barring coverage for willful acts.

  • May 16, 2018

    MetLife Must Cover Amputation After Crash, 9th Circ. Says

    Metropolitan Life Insurance Co. owes benefits to a man and his wife for the amputation of the former's leg resulting from a car accident, the Ninth Circuit ruled Wednesday, finding that the fact that his diabetes may have contributed to him needing the procedure didn’t preclude coverage as the lower court said.

  • May 16, 2018

    Bid To Extend UPMC Medicare Deal Draws Pa. Justices' Ire

    Members of Pennsylvania’s highest court expressed frustration during oral arguments Wednesday with a bid backed by Highmark Inc. to require the University of Pittsburgh Medical Center to continue providing in-network rates to the insurer’s Medicare Advantage subscribers beyond the expiration date of a state-brokered consent decree between the rivals.

Expert Analysis

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.

  • Self-Insured Retentions: Whose Money Really Counts?

    Blake Dillion

    Insurers often claim that only the named insured can satisfy a policy's self-insured retention, but insurers do not always get their way. Courts are reluctant to relieve insurers of their obligations due to a named insured's insolvency and often look for reasons to allow other parties to satisfy the self-insured retention, says Blake Dillion of Payne & Fears LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Calif. Landslides Prompt 'Efficient Proximate Cause' Rehash

    Jennifer Hoffman

    Last month, the California Senate passed SB 917, amending the California Insurance Code to reiterate efficient proximate cause and specifically address landslides. Though the amendment purports to merely restate existing law, insurers should be prepared for inconsistent verdicts rendered by courts and juries in the near future, says Jennifer Hoffman of Zelle LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Structuring Life Settlements Investment Funds After TCJA

    Brian Casey

    The Tax Cuts and Jobs Act should be carefully evaluated by offshore life settlements investment vehicles, as it may negatively impact U.S. income tax consequences for U.S. shareholders, who should consider structuring or restructuring funds to minimize these adverse income tax effects, say attorneys with Locke Lord LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.