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  • January 9, 2019

    Pa. Fines Aetna Over Autism, Substance Abuse Coverage

    Health care giant Aetna Inc. faces a $190,000 fine after the Pennsylvania Insurance Department said Tuesday that it found violations in the company’s coverage for services relating to autism spectrum disorder and substance use disorder that might leave consumers wondering if they are covered.

  • January 9, 2019

    Ex-Insys CEO Pleads Guilty, May Testify In Bribery Trial

    In an eleventh-hour move, former Insys Therapeutics Inc. CEO Michael Babich admitted to taking part in a scheme to bribe doctors into prescribing the company’s pricey fentanyl spray in Massachusetts federal court Wednesday and will cooperate as the criminal trial of his former co-workers kicks off later this month.

  • January 9, 2019

    AIG Unit Faces $6M Suit Over Pa. Ship Facility Collapse

    An American International Group Inc. affiliate is facing a nearly $6 million lawsuit in Pennsylvania state court after it denied coverage to a policyholder seeking to recoup losses after a collapse delayed work at a facility being renovated to rehabilitate ships and assemble naval propulsion equipment.

  • January 9, 2019

    Biometric Suit Not Covered In Grocer's Policy, Insurer Says

    Ohio-based Westfield Insurance Co. on Tuesday asked an Illinois state judge to declare that it has no duty to defend a state grocery chain in an underlying biometric privacy suit, saying the store's employee is alleging an injury not covered in its policy.

  • January 8, 2019

    National Events To Consolidate Estates, Resolve D&O Dispute

    The debtor entities of defunct ticket brokerage National Events Holdings LLC will be substantively consolidated in bankruptcy to further liquidation proceedings and return money to creditors, a Chapter 7 trustee attorney said Tuesday, noting an agreement reached to settle with the company’s directors and officers insurer.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    NYC Launches Plan For Universal Health Care Access

    New York City is launching a two-pronged plan to arrange affordable health care services for its 600,000 uninsured residents, including immigrants without authorization, Mayor Bill de Blasio announced Tuesday.

  • January 8, 2019

    Gov't Can't Claim $1B Loss At Platinum Criminal Trial

    Prosecutors will not be allowed to introduce evidence of an alleged $1 billion in investor losses at next month's criminal trial for four former Platinum Partners executives accused of defrauding the hedge fund's investors, a New York federal judge ruled Tuesday.

  • January 8, 2019

    21 AGs Join Pa., NJ In Fighting Trump's Birth Control Rules

    Attorneys general for 20 states and the District of Columbia have thrown their support behind Pennsylvania and New Jersey in urging a federal court to block proposed Trump administration rules allowing employers to opt out of covering contraception if they oppose its use on moral or religious grounds.

  • January 8, 2019

    Murphy Oil Denied Defense Of Valero's $25M Refinery Fire Suit

    Murphy Oil Corp. cannot force a Liberty Mutual unit to fund its defense of a $25 million lawsuit blaming the oil company for a huge fire at a refinery it sold to Valero Energy Corp., an Arkansas federal judge ruled on Tuesday, because Valero’s complaint seeks only uncovered breach-of-contract damages.

  • January 8, 2019

    $2M Too Low, Too Late In Nursing Home Death, 1st Circ. Told

    The estate of a woman who died in nursing home care tried to convince the First Circuit Tuesday that a federal judge had it right the first time when she ruled an insurance claims adjuster dragged its feet before offering a $2 million settlement — well below what the family asked for — before reversing herself.

  • January 8, 2019

    Erie Insurance Wants Out Of Covering Trademark Fight

    Erie Insurance Exchange is urging a Pennsylvania state judge to free it from providing coverage to a financial planning company facing claims in federal court that it willfully infringed a rival’s marketing slogan trademarks.

  • January 8, 2019

    Natural Catastrophes Caused Insured Losses Of $80B In 2018

    Insured losses due to natural catastrophes such as floods and wildfires in 2018 remained high at $80 billion worldwide but below the record $140 billion of the year before, according to a report issued Tuesday by Munich Re.

  • January 7, 2019

    Law Firm Looks To Defeat Insurer's Suit Alleging Bad Advice

    Goodman McGuffey LLP urged a Colorado federal judge Monday to dismiss Clarendon National Insurance Co.’s suit accusing the law firm of giving bad advice about policies issued to construction companies, arguing the insurer’s allegations are vague and don’t support legal malpractice claims.

  • January 7, 2019

    Builder Accuses Travelers Of Bad Faith In Katrina Work Suit

    A Travelers unit acted in bad faith when it sought millions of dollars from a Louisiana construction company after the insurer took over a $47.3 million restoration of a commercial shipping pier damaged during Hurricane Katrina, the builder said Friday.

  • January 7, 2019

    Feds Target Cigar Importers, Allege Tax-Evasion Scheme

    The U.S. government hit tobacco distributor Good Times USA LLC and its business partners with a lawsuit in the U.S. Court of International Trade on Friday, accusing the companies of conspiring to avoid more than $750,000 in taxes on cigars imported from the Dominican Republic.

  • January 7, 2019

    Judiciary Pushes Back Day It Will Go Broke Over Shutdown

    The U.S. judiciary has pushed back the date it is expecting to run out of money over the government shutdown to next week, increasing the chances that the impasse will resolve before courts may have to start cutting staff and delaying litigation.

  • January 7, 2019

    2nd Circ. Won't Rethink Patriarch's SEC Probe Coverage Loss

    A Second Circuit panel has declined to revisit its recent decision that Axis Insurance Co. doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of a U.S. Securities and Exchange Commission investigation and enforcement action, according to an order filed Monday.

  • January 4, 2019

    9th Circ. Reverses MetLife Win In Disability Denial Suit

    The Ninth Circuit on Friday reversed a lower court's decision to hand MetLife Insurance Co. a quick win against an employee who sued the insurer after he was denied long-term disability benefits, saying the insurer never made a final decision on an administrative appeal. 

  • January 4, 2019

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

    The last week has seen Natixis sue a Nigerian oil refinery, a Qatar Insurance unit lodge a commercial fraud claim, and Allianz Global Investors take on some of the same major banks the institutional investor has already sued for foreign exchange manipulation in the U.S. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Modernizing The Variable Contract Disclosure Regime

    Steve.Roth_print (1).jpg

    A new proposal by the U.S. Securities and Exchange Commission represents a major step forward in updating the disclosure and delivery requirements imposed on the variable insurance products industry. Embracing the new regime, however, will take some work and is not without certain challenges, say attorneys with Eversheds Sutherland.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Property Damage Is Not Necessarily Physical In Calif.

    Catherine Doyle

    In Thee Sombrero v. Scottsdale, a California appellate court recently articulated that for insurance purposes, economic losses can constitute property damage even without physical damage if an insured loses the use of tangible property, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Ohio High Court Enters Debate On Faulty-Work Insurance

    Jonathan MacBride

    In Ohio Northern v. Charles Construction, Ohio's Supreme Court recently went against the prevailing trend of courts being more inclined to find that a subcontractor's faulty workmanship can be an occurrence under a commercial general liability policy, says Jonathan MacBride of Zelle LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Climate Change Forecasts Trouble For The Insurance Industry

    Jeffrey Gordon

    The greater frequency and severity of weather-related catastrophes in areas with increasing property values present significant challenges for the insurance industry, especially in cities like Boston that are particularly susceptible to rising sea levels, says Jeffrey Gordon of Zelle LLP.