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Insurance

  • January 11, 2019

    Store Chain Not Covered In Sex Assault Suit, 5th Circ. Says

    The Fifth Circuit on Friday affirmed that United Fire and Casualty Co. has no duty to defend or indemnify a Texas convenience store chain in a lawsuit brought by an employee who alleged she was sexually assaulted by a co-worker, agreeing with a Texas federal judge that the underlying claims fall squarely within a pair of policy exclusions.

  • January 11, 2019

    DLA Piper Decries DQ From $45M Blue Cross Payment Fight

    DLA Piper is bitterly contesting its disqualification as counsel in a $45 million case involving Horizon Blue Cross Blue Shield of New Jersey, arguing that a Florida magistrate judge erred egregiously by treating its role as a go-between for two opposing clients as unethical.

  • January 11, 2019

    NJ Justices Won't Hear Challenge To $5.4M Junk Fax Ruling

    The New Jersey Supreme Court has declined to review an appeals court ruling that an insurer must pay damages only to the representative of a class action, not the whole class, over a media company’s unsolicited faxes, according to an order released Friday.

  • January 11, 2019

    8th Circ. Says Insurer Can't Nix Policy After Worker's Death

    An Eighth Circuit panel has backed a lower court’s finding that a Hartford Financial Services Group subsidiary has to pay its share of liability for workers’ compensation benefits over the death of a bakery worker, upholding a quick win for a separate insurer in the case.

  • January 11, 2019

    NJ Insurer Can't Duck $100K Fine For Deceptive Mailers

    A New Jersey appeals court on Friday affirmed a $100,000 fine regulators imposed on First Jersey Insurance Agency over its advertisements announcing impending Medicare gap coverage hikes, ruling that the mailings violated state insurance laws.

  • January 10, 2019

    7th Circ. Kills Extension In Financing Firms' Contract War

    An Illinois-based commercial insurance premium financer locked in a bitter contract fight with a competitor shouldn’t have been ordered to continue working with the rival beyond a drop-dead date in their contract, the Seventh Circuit decided Wednesday, tossing an Illinois federal court’s preliminary injunction.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    Health Insurers Settle Suit Over Wilderness Therapy Denial

    Regence BlueShield, Cambia Health Solutions Inc. and a putative class of individuals reached a provisional settlement Thursday in Washington federal court in a lawsuit alleging the insurers had improperly denied claims for wilderness therapy.

  • January 10, 2019

    Hotel IT Firm Takes Data Breach Coverage Row To 11th Circ.

    A hotel operator’s information technology subsidiary told the Eleventh Circuit on Wednesday that a Florida federal court flouted state insurance law by ruling that a Travelers insurer has no duty to defend it against allegations that it was responsible for a data breach that exposed hotel customers’ credit card data, urging the appellate court to reverse the decision.

  • January 10, 2019

    2nd Circ. Says Calif. Atty May Have Bungled Galanis Plea Deal

    A California lawyer may have botched a joint plea deal offered to convicted fraudster Jason Galanis to resolve securities violations claims in two separate cases, according to a Second Circuit panel, which remanded his more than 11-year sentence for one of the schemes to a New York federal court Thursday.

  • January 10, 2019

    5th Circ. Says Humana Can't Seal Docs In Antitrust Row

    The Fifth Circuit ruled Wednesday that Humana can't keep under seal documents that a Louisiana federal court has ordered it to file public but redacted versions of in an antitrust row, finding that the insurer didn't have a good reason to seal the documents to begin with.

  • January 10, 2019

    4 Under-The-Radar Insurance Rulings To Look For This Winter

    Several courts that rarely garner the spotlight are expected to rule on thorny insurance issues this winter, with the Montana Supreme Court slated to decide whether an insurer must cover a $10 million settlement that its policyholders entered into without its consent and Iowa's high court set to determine whether a city's policy covers a power station mishap involving a squirrel.

  • January 10, 2019

    Geico Must Face New Trial In NJ Over Car Crash Injuries

    A New Jersey appeals court on Thursday reversed the midtrial dismissal of an insurance coverage suit lodged against Geico Insurance Co. in connection with an auto collision, saying the trial judge improperly held that certain expert witness testimony was inadmissible.

  • January 10, 2019

    Ex-Insys Sales Rep Loses Bid To Split From Upcoming Trial

    A former sales manager for Insys Therapeutics Inc. will have to stand trial at the end of the month with a quartet of company executives charged with bribing doctors to prescribe the company’s fentanyl spray after a Massachusetts federal judge denied her motion for a separate trial Thursday.

  • January 10, 2019

    Insurers Insist On Arbitration For $367M Superfund Coverage

    Several French insurers continued to urge a New Jersey federal court Wednesday to force Cornell-Dubilier Electronics Inc. to arbitrate its bid for indemnification related to $367 million in a Superfund site cleanup consent decree, saying the contracts at issue contain an arbitration provision.

  • January 10, 2019

    UK Student Housing Biz Lands £140M Development Deal

    University Partnerships Programme, the U.K.'s largest student housing firm, said on Thursday that it has closed a £139.7 million ($178 million) deal with the University of Exeter to design, build, fund and operate new housing accommodations on campus.

  • January 10, 2019

    Geico Sues Gov't For Damages After Postal Service Car Crash

    Geico hit the U.S. government with an Alabama federal court suit Wednesday seeking more than $6,000 the insurer paid to repair a car hit by a vehicle driven by an allegedly negligent U.S. Postal Service employee. 

  • January 9, 2019

    Calif. Appeals Court Upholds $5.1M Ruling For Tutor Unit

    A California judge was right to order an insurer to pay a Tutor Perini unit $5.1 million after a subcontractor failed to finish earthwork on a major highway project, a state appeals court said Tuesday.

  • January 9, 2019

    US Sanctions Venezuelan TV Mogul Over Alleged $2.4B Scam

    The Trump administration on Tuesday sanctioned a Venezuelan billionaire television mogul currently under indictment for violating the Foreign Corrupt Practices Act as well as several other individuals and businesses over an alleged $2.4 billion corrupt currency exchange scheme.

  • January 9, 2019

    Norwegian Cruise Gets Award OK'd In Ex-Worker Dispute

    A Florida federal judge on Wednesday affirmed an arbitration award rejecting a worker’s claims that Norwegian Cruise Lines should pay for back surgery she said was necessary after she fell at work, concluding that a federal magistrate judge’s report recommending confirmation was spot-on.

Expert Analysis

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • Is Texas V. US Taxing For Obamacare?

    Andrew Oringer

    Following a Texas federal judge's recent opinion that the Affordable Care Act is rendered unconstitutional by the Tax Cuts and Jobs Act of 2017, Andrew Oringer of Dechert LLP reviews some history leading up to the decision and explores how the issues should be analyzed.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • 5 Most-Read Legal Industry Guests Of 2018

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    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • What We Heard At The FTC Hearings: Days 15 And 16

    Todd Hinnen

    The ninth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed data security. Todd Hinnen and Erin Earl of Perkins Coie LLP offer some key takeaways.

  • SEC Offers Relief For Insurers Registering Contracts

    Stephen Roth

    For many life insurance companies, the most burdensome aspect of registering insurance contracts is preparing GAAP financial statements. However, the U.S. Securities and Exchange Commission recently issued a series of letters permitting certain companies to take another option for some index-linked annuity contracts, say Stephen Roth and Lorna MacLeod of Eversheds Sutherland.

  • 3 D&O Questions Regarding Event-Driven Securities Litigation

    Larry Bracken

    The wildfire-related complaint filed against Edison last month represents a new kind of securities class action that relies on specific adverse events as catalysts. Corporate policyholders must consider how such litigation will impact their directors and officers insurance now and in the future, say attorneys at Hunton Andrews Kurth LLP.

  • The Impact Of Texas ACA Ruling And What To Expect Next

    Susan Feigin Harris

    Despite a Texas federal judge's opinion last week deeming the Affordable Care Act unconstitutional, all provisions of the statute remain in place. Moreover, an appeal is a virtual certainty and many believe the decision’s reasoning will fail, say attorneys with Morgan Lewis & Bockius LLP.

  • When Is Antitrust Merger Review Over?

    Peter Jonathan Halasz

    A D.C. federal judge's recent statements about the proposed CVS-Aetna merger settlement heighten concerns regarding the finality of the Hart-Scott-Rodino Act merger review process, say Peter Jonathan Halasz and Gregory Kinzelman of Schulte Roth & Zabel LLP.