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Insurance

  • October 9, 2018

    Ohio Justices Say Bad Subcontractor Work Not An 'Accident'

    Ohio’s high court ruled Tuesday that damage from a subcontractor’s faulty work isn’t an accident triggering an insurer’s defense obligation, spurning a nationwide trend favoring coverage for such claims and reinstating a lower court’s decision that a builder isn’t covered for litigation over alleged construction defects at a hotel on Ohio Northern University’s campus.

  • October 9, 2018

    Lloyd's Promises To Pay 'All Valid Claims' After Brexit

    Lloyd’s of London pledged on Tuesday to pay "all valid claims" after March 2019 even if Britain crashes out of the European Union without a deal and the cross-border insurance industry faces a legal vacuum.

  • October 9, 2018

    CORRECTED: Ex-Exec Of Modi Jewelry Co. Seeks Access To D&O Coverage

    The ex-president of a company owned by billionaire jeweler Nirav Modi on Thursday asked a New York bankruptcy court for an order allowing one of his company’s directors and officers insurance to pay for his legal defense, saying the policy proceeds are not estate property. Correction: A previous version of this story incorrectly identified the individual filing the motion. The error has been corrected.

  • October 5, 2018

    Calif. Malpractice Coverage Mandate Would Be No Easy Leap

    A study underway in California about whether to make lawyer malpractice insurance compulsory across the nation's largest attorney population has some Golden State experts scratching their heads over whether such a plan is feasible — or even needed.

  • October 5, 2018

    Asbestos Trusts Come Under DOJ Civil Investigation

    The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

  • October 5, 2018

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

    The last week has seen a London hotel group lodge competition claims against Visa and Mastercard, Hellenic Petroleum and 10 insurers take on a shipper, and VTB Bank sue a Russian billionaire's holding company connected to EN+. Here, Law360 looks at those and other new claims in the U.K.

  • October 5, 2018

    Asbestos Firm, Insurers Reach Deal In Payback Suit

    National asbestos law firm Shrader & Associates LLP and three health insurers have reached a deal in a suit claiming the firm failed to pay the companies money out of its clients’ asbestos settlement funds, a Texas federal judge has said.

  • October 5, 2018

    Insurer Says Firm's Bad Advice Cost It Millions

    Clarendon National Insurance Co. has filed a lawsuit in Colorado federal court against Goodman McGuffey LLP, accusing the firm of giving bad advice regarding policies issued to construction professionals, costing it over $3 million.

  • October 5, 2018

    Ky. Judge Finds Poetry In Refinery Explosion Coverage Case

    Drawing inspiration from 18th-century poet Alexander Pope's ruminations on forces of nature, a Kentucky federal judge has ruled that Continental Refining Co.'s claim for coverage of damage to its crude oil refinery from a 2015 explosion is clearly excluded under its equipment breakdown insurance policy.

  • October 5, 2018

    Texas Doc Pleads Guilty In $40M Med Center Bribery Scam

    A Mesquite, Texas-based bariatric surgeon who was one of the founders of Forest Park Medical Center has entered a guilty plea for his role in what the government alleges is a $40 million bribery and kickback scheme.

  • October 4, 2018

    HealthNow Wants Out Of Hospitals' Benefits Payment Suit

    HealthNow New York Inc. has asked a Texas federal court just to allow it to escape an Employee Retirement Income Security Act suit from seven affiliated hospitals which had claimed that dozens of Blue Cross Blue Shield entities underpaid them by tens of millions of dollars.

  • October 4, 2018

    Insurer Owed Nobilis Defense Of Stock Drop Suits: Judge

    A Texas federal judge on Thursday ruled that Great American Insurance Co. wrongfully refused to cover Nobilis Health Corp.’s costs to defend two shareholder class action suits accusing Nobilis of artificially inflating its stock price, finding that the suits involved allegations similar to those in an earlier action the insurer had agreed to cover.

  • October 4, 2018

    State Farm Made Robocalls, Ignored No-Call List: Suit

    A Florida woman hit State Farm Fire and Casualty Co. with a proposed class action Thursday alleging it repeatedly used wide telemarketing campaigns and called consumers, who were on the do not call list, without their consent.

  • October 4, 2018

    Chocolatier, Insurer Spar On $53M Storm Claim In 2nd Circ.

    The Second Circuit waded waist-deep into a New York chocolate company's insurance policy at argument Thursday in a bid to sort out whether a $53 million Hurricane Sandy-related claim was caused by a covered windstorm or an excluded flood.

  • October 4, 2018

    Nationwide Insists Contract Lets It Cut Agent Benefits Anytime

    Nationwide Mutual Insurance Co. has shot back at an agency's claim that Nationwide could only cut agents' retirement benefits when necessary, telling a Virginia federal judge that the agents' contract gave Nationwide the right to slash benefits whether it needed to or not.

  • October 4, 2018

    Transamerica To Settle Insurance Rate Class Action For $195M

    Transamerica Life Insurance Co. has agreed to pay $195 million to settle a consolidated class action accusing the company of breaching its agreements with policyholders by drastically increasing their monthly costs, according to a Thursday filing in California federal court seeking preliminary approval of the deal.

  • October 4, 2018

    11th Circ. Affirms Ex-Mutual Benefits Atty's 10-Year Sentence

    An Eleventh Circuit panel on Thursday declined to overturn the 10-year prison sentence of Mutual Benefits Corp.'s former outside counsel, finding that the government presented sufficient evidence at trial to support fraud convictions for his role in a massive insurance investment scheme.

  • October 4, 2018

    Plumbing Co. Sues Allstate Over Asbestos Suit Coverage

    A plumbing manufacturing company formerly based in Erie asked a Pennsylvania federal court on Thursday to make Allstate Insurance cover the company’s asbestos-related settlements and defense costs, including claims about exposures dating to the late 1970s or earlier.

  • October 4, 2018

    Global Standards Body Mulls Major Accounting Reform Delay

    A global standards setting agency has said it will consider delaying the introduction of major accounting reforms set to come into force in 2021 after European insurers urged it to apply the brakes and rewrite the rules.

  • October 3, 2018

    Cigna Names GC To Guide Co. Post-Express Scripts Merger

    Cigna Corp. has named Nicole S. Jones general counsel of the combined company created by its $67 billion purchase of pharmacy benefits manager Express Scripts Inc., the same position she previously held with the health insurer.

Expert Analysis

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • A Breakdown Of Title Insurance For Mezzanine Financing

    Excerpt from Lexis Practice Advisor
    Spencer Compton

    Despite pessimism after the recession, mezzanine financing continues to be a part of almost every significant commercial real estate transaction. Lenders should understand the basic mezzanine debt structure and what title insurance options are available to them, say Spencer Compton and David Wanetik of First American Title Insurance Company.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.

  • SEC Action Brings Lessons For Quantitative Fund Managers

    Brian Daly

    The U.S. Securities and Exchange Commission last week announced settlements with Aegon and several of its affiliates for alleged misconduct involving faulty quantitative investment models. The case illustrates the pitfalls of implementing an ambitious investment program poorly, say Brian Daly and Anna Maleva-Otto of Schulte Roth & Zabel LLP.