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Insurance

  • September 10, 2018

    No Health Plan Injury Means Consol Can Ditch Miners' Suit

    A West Virginia federal judge on Monday dismissed a benefit plan’s Coal Industry Retiree Health Benefit Act suit against Consol Energy Inc., finding there was no damage when the company unilaterally changed its health plan.

  • September 10, 2018

    Can BigLaw Avoid Another Associate Purge?

    The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?

  • September 10, 2018

    Insurer Stuck With $4.7M Verdict Over Faulty Mobile Homes

    Century Surety Co. lost its bid in California federal court Friday to shake a $4.7 million jury verdict requiring the insurer to cover a settlement over allegedly defective mobile homes.

  • September 10, 2018

    Sheet Metal Co. Hits Ch. 11 In Wake Of Asbestos Suits

    Duro Dyne Corp., a manufacturer of sheet metal equipment and accessories, filed for bankruptcy in New Jersey on Friday with lingering liabilities from asbestos exposure litigation dating back 30 years, saying it has exhausted various insurance policies.

  • September 10, 2018

    SEC Backs $7M In Fines For Ex-Life Partners Atty, CEO

    The U.S. Securities and Exchange Commission on Monday told a Texas federal court that it should adopt a recommendation to levy a combined $7 million in civil penalties against an attorney and former CEO for bankrupt life settlement trader Life Partners Holdings Inc., arguing that the pair’s objections to the penalties were baseless.

  • September 10, 2018

    Olin Settles Enviro Cleanup Coverage Feud For $120M

    Olin Corp. appears set to receive $120 million to settle its lengthy dispute with Lamorak Insurance Co. over the insurer's liability for costs tied to legacy environmental remediation at the chemical maker's sites across the U.S., according to a filing with the U.S. Securities and Exchange Commission.

  • September 10, 2018

    Don't Stamp Out Innovation, Insurers Urge Global Regulators

    The international insurance industry on Monday accused global regulators of hostility toward technological innovation and urged them not to stifle the market with excessive new regulations.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    7 Texas Supreme Court Oil And Gas Cases To Watch

    A $100 million showdown over insurance coverage related to the Deepwater Horizon disaster and a $535 million fight over what constitutes a pipeline partnership are two of a handful of cases bubbling up to the Texas Supreme Court that have major stakes for the oil and gas industry. Here are seven oil and gas cases worth watching in the Lone Star State's highest court.

  • September 7, 2018

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

    The last week has seen a software developer sue Citibank for breach of contract, a new filing between British Airways and its pension trustees, and a claim brought by African food distributors and major insurers Axa, Allianz Generali and Swiss Re against container shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • September 7, 2018

    Insurer Won't Defend Firm Sued Over Slow Bankruptcy Filing

    Security National Insurance Co. Friday asked a Florida federal court to find it doesn't owe a law firm coverage for a client’s claim that a slow bankruptcy case filing cost it $6.4 million, saying the firm knew it was at risk for a malpractice suit when it got the policy and didn’t disclose it.

  • September 7, 2018

    Power Co. Owed Defense Of $35M Fraud Suit, Judge Rules

    A Maine federal judge ruled Friday that Zurich American Insurance Co. must defend Electricity Maine LLC in a proposed class action alleging it overbilled customers by about $35 million, finding that the underlying suit could potentially expose the electricity supplier to liability for covered bodily injuries damages.

  • September 7, 2018

    State Farm Deal Takes Spotlight Off Judicial 'Dark Money'

    Judicial ethics experts are lamenting the last-minute $250 million settlement of a case accusing State Farm of rigging an Illinois Supreme Court election, calling it a missed opportunity for a public airing of the river of “dark” campaign money flowing into judicial races.

  • September 7, 2018

    Brazilian Bank Can't Revive $50M Claim Against Insurers

    A New York federal judge on Friday upheld an arbitral award dismissing a Brazilian banking and financial services company's $50 million policy claim against two U.S. insurers, agreeing with the arbitration panel’s determination that the bank had made misrepresentations in its insurance application that voided the policy.

  • September 7, 2018

    2nd Circ. OKs Nix Of Disability Benefits For Mental Illness

    The Second Circuit on Friday affirmed a lower court’s toss of an Employee Retirement Income Security Act suit alleging that the Hartford Life Insurance Co. wrongly terminated a woman’s disability benefits after 24 months, holding that the insurer did not improperly classify her bipolar disorder as a mental illness.

  • September 7, 2018

    NextEra Insurer Sues To Recover $2.4M In Fraud Scheme

    NextEra Energy Inc.'s insurer filed suit in California federal court against a group of individuals and entities that were previously accused of defrauding the energy company out of about $2.4 million through the use of fake invoices, arguing it is due reimbursement for the scheme.

  • September 7, 2018

    Allstate Hit With Another Suit Over Underwriting Practices

    A pension fund hit The Allstate Corp. with a new investor suit in Illinois federal court Thursday for allegedly concealing that its lowered underwriting standards was the reason for a spike in auto insurance claims.

  • September 7, 2018

    Glassmaker Says Insurer Flubbed Tornado Policy

    An architectural and automotive glassmaker alleged in New York federal court that its insurer failed to give proper notice on a policy change and its broker failed to catch the change, telling the court it should be compensated $60 million to $100 million for tornado damage.

  • September 7, 2018

    1st Circ. Revives Suit Over Harvard Pilgrim's ERISA Denial

    The First Circuit has revived a young woman’s suit accusing Harvard Pilgrim Health Care of wrongly denying her coverage for residential mental health treatment, holding that the lower court erred by not considering documents that had been submitted in a post-complaint benefits review when reaching its decision.

Expert Analysis

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • NY Cyber Rules: Preparing For The September Deadline

    Richard Naylor

    If you began complying with the New York Department of Financial Services requirements last year, your cybersecurity program is already in place, which should streamline compliance for the next deadline. The controls required to be in place by Sept. 1, 2018, cover five areas, says Richard Naylor of Murphy & McGonigle PC.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • Why Ohio Nixed The New Liability Insurance Law Restatement

    Kim Marrkand

    On July 30, Ohio Governor John Kasich took the unprecedented step of signing into law an amendment that specifically rejects the American Law Institute's Restatement of the Law, Liability Insurance. Red flags about the ALI's over-reaching have been waving for years, and the only question is what state will follow suit next, says Kim Marrkand of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Favoring Coverage For Business Email Compromise Losses

    Jan Larson

    As insureds and insurers continue to litigate over coverage for fraudulently induced monetary transfers, two recent decisions from the Second and Sixth Circuits have favored insureds. However, this sector of law is still developing and insureds should pay close attention to pending cases like Principle v. Ironshore in the Eleventh Circuit, say Jan Larson and Raymond Simmons of Jenner & Block LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Insurance Can Mitigate Costs Of Government Investigations

    Annette Ebright

    If companies take the proper steps before and after being subjected to government investigations, their insurance policies may serve as a reliable hedge against the financial consequences. However, these policies have their limitations, say Annette Ebright and Daniel Peterson of Parker Poe Adams & Bernstein LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.