Insurance

  • May 11, 2018

    3rd. Circ. Keeps Insurer's Win In Subscribers' Suit Over Fees

    The Third Circuit has declined to revive a suit against Erie Indemnity Co. and its officers over the company's alleged misappropriation of funds that subscribers say rightfully belonged to the subscriber-owned Erie Insurance Exchange.

  • May 10, 2018

    Insurer Need Not Cover $11M Lost After Hack, 11th Circ. Says

    The Eleventh Circuit on Thursday found that a Great American Insurance Co. policy against computer fraud does not cover $11.4 million in fraudulent debit card redemptions, finding that while computer fraud occurred, the policyholder's loss was too many steps removed from the fraud for coverage.

  • May 10, 2018

    Progressive Wants Fla. Justices To Flip PIP Deductible Ruling

    Insurance giant Progressive urged the Florida Supreme Court to reverse a Fifth District ruling against it and adopt a conflicting ruling from the Fourth District, as the justices weigh a question of how deductibles are to be applied in personal injury protection coverage cases.

  • May 10, 2018

    2nd Circ. Asks Conn. Court To Weigh Insurer-Adjuster Row

    The Second Circuit asked the Connecticut Supreme Court on Thursday to weigh in on whether the history between an insurer and a claims-adjusting agent created a “continuing course of conduct” sufficient to reinstate a $1.25 million negligence verdict against the adjuster, which a district court had decided didn’t comport with a Connecticut statute of limitations.

  • May 10, 2018

    Debevoise Leads Axa Equitable In Year's Largest IPO

    Axa Equitable Holdings Inc., the U.S. division of French insurance and asset management firm Axa SA, debuted on public markets Thursday, raising $2.75 billion in the U.S.’ largest initial public offering this year, with guidance from Debevoise & Plimpton LLP.

  • May 10, 2018

    Gun Lobby Aims For New Insurers After Rebuff From Lloyd's

    The National Rifle Association will seek new insurers after Lloyd’s of London ordered its members to stop writing business linked to the U.S. gun lobby as a regulatory investigation takes place in New York, an NRA lawyer has told Law360.

  • May 9, 2018

    Relativity's DIP Ask Slashed As It Faces Grilling In Ch. 11

    Relativity Media LLC, the film production house that just entered bankruptcy for the second time in three years, saw its $1.6 million DIP request nearly halved Wednesday by a dubious judge, and also told the court it's cut business ties with founder Ryan Kavanaugh.

  • May 9, 2018

    ACA Birth Control Rules Top EBSA's Spring Priority List

    The Employee Benefits Security Administration's spring priorities include allowing employers to opt out of covering birth control and expanding a program that allows employers to duck civil penalties for fiduciary violations, according to a list filed with the White House's regulatory affairs office on Wednesday.

  • May 9, 2018

    Late Patriots Star's Ex-Wife Appeals For Survivor Benefits

    The ex-wife of a late New England Patriots player asked the First Circuit on Tuesday to reverse a lower court decision that the National Football League's retirement board properly denied her claim for survivor benefits.

  • May 9, 2018

    2nd Circ. Orders Fresh Look At Reinsurer's Asbestos Costs

    The Second Circuit directed a lower court Wednesday to reassess whether Global Reinsurance Corp. of America must cover Century Indemnity Co.’s costs to defend Caterpillar in asbestos litigation beyond the reinsurer’s total liability limits, after New York’s highest court clarified how reinsurance contracts should be interpreted.

  • May 9, 2018

    CNA Raised Fed Judiciary Premiums Unevenly, Suit Says

    Employees of the federal judiciary hit CNA Financial Corp. with a proposed class action in Illinois federal court Wednesday, claiming that some of them faced dramatic premium increases on long-term care insurance when others did not.

  • May 9, 2018

    No 'Collapse' Coverage For Apt. Complex, 9th Circ. Affirms

    The Ninth Circuit on Wednesday refused to revive a Seattle apartment complex owner’s bid to force its insurer to cover repair costs, saying a lower court properly applied Washington Supreme Court precedent in ruling that the building did not suffer a “collapse” as required for coverage.

  • May 9, 2018

    Taking On Gun Lobby Could Backfire For NY Bank Agency

    New York’s top financial regulator has turned heads with its recent focus on the National Rifle Association’s ties to state banks and insurers, with experts saying a foray into the contentious gun control debate could backfire on the agency and the firms it regulates.

  • May 9, 2018

    Lloyd's Shoots Down Cover For National Rifle Association

    Lloyd’s of London ordered its members on Wednesday to stop insuring schemes linked to the National Rifle Association after New York’s financial regulator fined several companies for underwriting NRA-branded cover that protects gun owners who face criminal charges.

  • May 8, 2018

    11th Circ. Says Airline Act Preempts Fla. Insurance Law

    In a published opinion Tuesday, the Eleventh Circuit upheld the dismissal of a proposed class action against an air ambulance provider on the grounds that the Airline Deregulation Act preempted enforcement of a limit in Florida insurance law regarding collection of the unpaid portion of its bill.

  • May 8, 2018

    Harvey Weinstein Fights Chubb For Payment Of Legal Defense

    Harvey Weinstein on Monday filed a counterclaim in New York federal court against the Chubb Group, alleging its refusal to defend or indemnify him for nearly a dozen sexual assault and harassment suits in the U.S. and abroad is a breach of contract.

  • May 8, 2018

    Del. Court Rebuffs Insurers' Challenge To Verizon Judgment

    A Delaware state court judge on Monday granted final judgment to Verizon and GTE in their suit seeking coverage for the $48 million they spent defending themselves against a $14 billion shareholder suit, saying the time for the insurers to object to the claimed defense costs is past.

  • May 8, 2018

    Seyfarth Can't Slip Ex-Client's $2.6M Insurance Botch Suit

    A California judge on Tuesday rejected Seyfarth Shaw LLP’s bid to escape self-help company Landmark Worldwide’s $2.6 million malpractice suit, saying a jury must decide whether Seyfarth or its former client is at fault for missing the deadline to report an underlying employee discrimination suit to Landmark’s insurer.

  • May 8, 2018

    Doc Group Threatens Legal Action Over DOL Payment Rule

    A doctors' group announced Tuesday that it will consider mounting another legal challenge to a U.S. Department of Labor payment rule after the agency brushed off the group's concerns that the rule gives insurers free rein to underpay for out-of-network emergency health care services.

  • May 8, 2018

    Valeant To Pay Calif. Insurance Dept. $1.9M Over Philidor Ties

    Valeant Pharmaceuticals Inc. has agreed to pay $1.87 million to the California Department of Insurance to settle allegations it didn’t prevent specialty pharmacy Philidor Rx Services LLC from submitting fraudulent claims for reimbursements of Valeant products, the agency’s commissioner announced Monday, building on a multiyear controversy over the companies' relationship.

Expert Analysis

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • For Some Insurance Claims, Plain Language Isn’t Enough

    Robert Helfand

    Sometimes words with multiple definitions can cause interpretive problems for an insurance policy. One solution is the define-by-association approach, which was used in Kostin v. Pacific recently to determine whether a bankruptcy trustee's action to avoid a transfer of funds can qualify as a claim for personal injury, says Robert Helfand of Pullman & Comley LLC.

  • 9th Circ. Assesses Insurance For Social Engineering Scams

    Robert MacAneney

    This month, the Ninth Circuit affirmed in Aqua Star v. Travelers that insurance coverage for business email compromise schemes was precluded by an exclusion. Companies should inquire specifically about coverage for such schemes, and insurers should consider establishing sublimits to provide clarity to insureds, say J. Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Insurance Type Can Affect Choice Of Law Analysis In Del.

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    The Delaware Superior Court's decision in Arch Insurance Co. v. David Murdock underscores the importance of the choice of law analysis in insurance coverage disputes and reaffirms a distinction previously recognized, but not always applied, between D&O and general liability policies, say Jennifer Wasson and Carla Jones of Potter Anderson & Corroon LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

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    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Texas Insurers Should Prepare For Unexpected Floods

    Shannon O'Malley

    Because Texas floodplain maps have recently been demonstrated to be unreliable, insurers should not rely exclusively upon these designations in underwriting risks. Instead, insurers should reassess the risk for flooding in areas known to have heavy rainfall records, heavy development, aged infrastructure systems and unexpected flood losses, says Shannon O'Malley of Zelle LLP.

  • New TCJA Reporting Rules For Life Settlement Transactions

    Brian Casey

    Investors who acquire in-force life insurance policies in the secondary trading market and life insurers paying death benefits for secondary life insurance market policies must understand the Tax Cuts and Jobs Act's new Internal Revenue Service informational reporting requirements, say attorneys with Locke Lord LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.