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Insurance

  • October 3, 2018

    Greenwich Hit With $15M Bad Faith Award In Trespass Row

    A Kentucky jury has found Greenwich Insurance Co. must pay more than $15 million in compensatory and punitive damages to property owners after concluding the insurer acted in bad faith by refusing to cover an energy company's settlement of claims that it trespassed on multiple properties to extract natural gas.

  • October 3, 2018

    Insurers Slammed At Trial Over Iran Sanctions Argument

    A mining company told a London judge Tuesday that several American-owned insurers are violating English criminal law by relying on U.S. nuclear sanctions to refuse to cover the theft of $3.8 million worth of steel from an Iranian port.

  • October 3, 2018

    EU Insurers Demand Delay On Tough Global Accounting Rules

    European insurers called on Wednesday for a two-year delay to the introduction of onerous new accounting standards due to take effect in 2021 as they urged the regime’s architects to “reopen” the rulebook and make sweeping changes.

  • October 2, 2018

    Wells Fargo Auto Insurance Cleanup Not There Yet, Sens. Told

    The head of the Office of the Comptroller of the Currency told senators Tuesday that his agency is working with Wells Fargo leadership on remediation for hundreds of thousands of customers who were forced to buy unnecessary auto insurance but is “not comfortable where we are with them.”

  • October 2, 2018

    Firm Beats $5M Malpractice Claim, Wins $150K For Fees

    An Iowa federal jury held on Monday that a Nebraska law firm didn’t commit legal malpractice while representing a man in a suit over ownership of an insurance marketing company, awarding the firm $150,000 on its cross-claim for unpaid fees.

  • October 2, 2018

    5th Circ. Won't Rethink Insurer's Win On $21M Assault Award

    The full Fifth Circuit on Tuesday refused to revisit an appellate panel’s recent ruling that Century Surety Co. doesn’t have to cover for a $21 million verdict handed down against a Texas pizza parlor owner who admittedly drugged and raped an 18-year-old woman.

  • October 2, 2018

    Baker Donelson DQ'd In BCBS Antitrust Row Against Ex-Client

    Baker Donelson Bearman Caldwell & Berkowitz PC can’t represent a Blue Cross Blue Shield unit against antitrust claims lodged by United Allergy Services, as it had represented the latter in related allegations years before, a Louisiana federal judge ruled Tuesday.

  • October 2, 2018

    EU Tweaks Sales Tax On Cross-Border Value Chains

    The European Union agreed to change how value-added taxes apply to some cross-border transactions at a gathering of finance ministers in Luxembourg Tuesday.

  • October 2, 2018

    Zurich Creates Cyber Insurance To Help Meet GDPR Demands

    Insurance giant Zurich has launched what it describes as the first cyber policy to offer computer network monitoring and preemptive services to help businesses prevent a data breach, as its clients seek to conform with Europe’s new information protection regime.

  • October 1, 2018

    Weinstein Not Covered For Sex Abuse Suits, Travelers Says

    Travelers on Friday asked a New York court to rule it doesn’t have to defend or indemnify Harvey Weinstein in a host of lawsuits alleging the Hollywood mogul sexually harassed or assaulted women, saying Weinstein doesn’t qualify as an insured under 10 policies issued to The Walt Disney Co. and that even if he did, multiple exclusions would bar coverage.

  • October 1, 2018

    Proposed Asbestos Trust Rep Faces Depo In Duro Dyne Ch. 11

    Amid enhanced government scrutiny of bankruptcy trusts for asbestos exposure victims, a New Jersey bankruptcy judge said Monday that the proposed representative for future claimants in the Chapter 11 case for Duro Dyne National Corp. must show evidence of disinterest before being formally appointed.

  • October 1, 2018

    Insurer Need Not Cover Pa. Law Firm's Malpractice Suit

    An insurer doesn’t have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate development, a federal judge ruled Monday.

  • October 1, 2018

    Grain Co. Must Pay BNSF's Defense Of Fatal Train Crash Suit

    An Oklahoma federal judge on Monday ruled that a grain and fertilizer company that leased land from BNSF Railway Co. must fund the railroad giant's defense of a lawsuit over a train collision that left a truck driver dead, while also holding that BNSF is not entitled to coverage from the lessee's insurer.

  • October 1, 2018

    Health Care Advocates Ask For Block Of ACA-Skirting Plans

    Insurers, doctors and patient advocates asked a D.C. federal judge on Friday to bar the Trump administration from enforcing a "lawless rule" that they say would disrupt the health insurance market by extending for up to three years "short-term" policies that lack Affordable Care Act-guaranteed benefits.

  • October 1, 2018

    Ex-Life Partners Atty, CEO Ordered To Pay $7M In Fines

    A Texas federal judge on Friday adopted the bulk of a magistrate judge’s recommendation as to penalties for two former insiders of bankrupt life settlement trader Life Partners Holdings Inc., saying that nearly $7 million in individual punishments is appropriate.

  • October 1, 2018

    DaVita Pays $270M For Inflating Medicare Advantage Bills

    Health care giant DaVita Inc. will pay $270 million to resolve allegations that one of its divisions defrauded Medicare Advantage through deliberate ignorance of unsubstantiated diagnoses and manipulation of billing codes, the U.S. Department of Justice said Monday.

  • October 1, 2018

    Supreme Court Won't Take Up Medicare Advantage Fight

    The U.S. Supreme Court on Monday refused to review a decision holding that hospitals must exhaust administrative remedies before suing insurers to recover Medicare Advantage reimbursements, effectively rejecting arguments the ruling will "improperly tax and potentially overwhelm" the government's limited resources.

  • October 1, 2018

    15 Minutes With Voya Financial's Chief Legal Officer

    Trish Walsh oversees all aspects of Voya Financial's law, compliance and external affairs department. Here, she discussed with Law360 the one responsibility she must think about daily and how top in-house lawyers can help minority attorneys advance within the legal industry.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Claims Cut Back In Insurers’ Asbestos Pipe Liability Spat

    A Connecticut federal court on Friday granted a quick win to a group of insurance companies in a suit brought by First State Insurance Co. alleging the other insurers failed to pay their fair share to cover a plumbing piping company named in various asbestos suits, finding that the claims were time-barred for some insurers and exceeded policy limits for others.

Expert Analysis

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Travel Act Gets Mileage In Health Care Cases

    Bradley Smyer

    In U.S. v. Beauchamp, a Texas surgeon recently agreed to plead guilty to federal conspiracy and violation of the Travel Act for his role in an alleged scheme involving millions of dollars in bribes and kickbacks for patient referrals. The case confirms that the Travel Act has officially come to health care enforcement, say Bradley Smyer and Mia Falzarano of Alston & Bird LLP.

  • Challenge Calif. Insurer Limits On Independent Counsel Rates

    Susan White

    When an insurer allows an insured to select its own defense counsel in California, it will often only agree to pay a very low hourly rate. However, an insured should not simply accept the insurer's say on this, as there are several ways to challenge an insurer's unilaterally imposed rates, says Susan White of Manatt Phelps & Phillips LLP.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Medicare Shared Savings Program May Get A Makeover

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently proposed a rule that would overhaul the Medicare Shared Savings Program for accountable care organizations. The most significant change is the revision of the program's participation tracks and mandatory advancement to greater levels of two-sided risk, say attorneys with Ropes & Gray LLP.

  • Payors Share Some Responsibility For The Opioid Epidemic

    Joy Stephenson-Laws

    Recently, well-known commercial insurance companies and government health insurance programs like Medicare and Medicaid have come under scrutiny for their role in allegedly getting and keeping patients addicted to opioid painkillers while not doing enough to help curb the epidemic, says Joy Stephenson-Laws of Stephenson Acquisto and Colman.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.