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Insurance

  • July 27, 2018

    Insurer Can’t Duck $1.3M Construction Defect Coverage Row

    A Florida federal court on Thursday rejected Hartford Fire Insurance Co.’s motion to dismiss indemnification claims brought by a construction company as a result of a $1.3 million settlement in a construction defects suit, saying Hartford had submitted additional documents the company needed a chance to respond to.

  • July 27, 2018

    Insurer Can Bring Suit Over Construction Accident Defense

    An Illinois federal judge on Wednesday allowed Scottsdale Insurance Co. to go forward with its suit saying it does not have a duty to defend construction companies being sued in state court over a worker’s fatal accident under a policy exclusion — but tossed as premature the insurer's claims that it doesn’t have to indemnify the companies.

  • July 26, 2018

    SEC Accuses Funeral Funding Cos. Of $55M Ponzi Scheme

    The U.S. Securities and Exchange Commission announced Thursday the unsealing of a civil complaint accusing a group of funeral service funding companies and their chief officer of perpetrating a $55 million Ponzi scheme that cheated at least 150 investors.

  • July 26, 2018

    Landlord Owed Defense In $3.2M Suit Over Scuttled Pot Shop

    A California federal judge on Thursday ruled that Fidelity & Deposit Co. of Maryland breached its duty to defend a San Diego-based commercial landlord in a $3.2 million lawsuit claiming it tanked tenants’ plans to open a medical marijuana dispensary, finding that the underlying action alleged a potentially covered claim for wrongful eviction.

  • July 26, 2018

    Willis Unit's Poaching Fight With Alliant Heats Up

    A Florida federal judge on Thursday rejected Willis Insurance Services of Georgia Inc.’s bid to prevent a former broker from joining a competitor for at least 15 days as a poaching dispute that had erupted just a day before heated up.

  • July 26, 2018

    DOE Broke Law With Anti-Obamacare Tweet, GAO Says

    The U.S. Department of Energy violated federal law but not statutory prohibitions on using appropriations for grassroots lobbying or propaganda when it tweeted a column by Energy Secretary Rick Perry criticizing the Affordable Care Act, the U.S. Government Accountability Office found Thursday.

  • July 26, 2018

    AGs Sue Labor Dept. Over Association Health Plan Rule

    Eleven states and the District of Columbia challenged the U.S. Department of Labor's final rule on association health plans in a lawsuit filed Thursday in D.C. federal court, saying the rule unlawfully expands the agency's interpretation of the Employee Retirement Income Security Act's definition of "employer" and flouts the Affordable Care Act and Administrative Procedure Act.

  • July 26, 2018

    Lloyd's Insurer Can't Ditch Coverage Fight Over Oil Spill

    A Louisiana federal judge on Thursday declined to dismiss oil and gas producer Apollo Energy LLC’s complaint seeking coverage from a Lloyd’s of London underwriting group for the cleanup costs of an oil spill, giving Apollo the chance to amend the suit to assert a new theory supporting its claim.

  • July 26, 2018

    Insurer Needn't Defend Developers In Logging Row

    A West Virginia federal judge on Wednesday ruled that Nautilus Insurance Co. doesn’t have to defend or indemnify a group of property developers in a lawsuit alleging they engaged in illegal logging operations and concealed development plans from local officials because the suit alleges intentional conduct.

  • July 26, 2018

    Unum Shareholders Sue Over Underestimated Losses

    A municipal police and fire retirement system has filed a class action suit in Tennessee federal court alleging that investors such as itself took an unfair financial hit thanks to the company’s misleading statements that its long-term loss ratio — a key metric for investors — would be lower than it was.

  • July 25, 2018

    How To Use Insurance To Shield Against Cryptocurrency Risks

    As cryptocurrencies continue their meteoric rise, companies in the space are facing an expanding range of risks, including the threat of large-scale theft and class actions filed by disgruntled investors in funding ventures known as initial coin offerings. Here, Law360 looks at some of the perils faced by cryptocurrency businesses, and how insurance may help shield against those risks. 

  • July 25, 2018

    House Votes To Extend Exemption From ACA Insurer Fee

    The U.S. House of Representatives voted Wednesday to extend a moratorium on an annual fee on insurers under the Affordable Care Act until 2022.

  • July 25, 2018

    Lloyd's Failing Hawaii Policyholders After Volcano, Suit Says

    Lloyd’s of London has been missing in action after the historic eruption of Hawaii’s Kilauea volcano destroyed hundreds of homes, failing to dispatch a single claims adjuster and leaving policyholders utterly in the dark about the status of their claims, according to a suit filed Tuesday.

  • July 25, 2018

    NY Law Dictates Arbitration Of Sandy Damage In NJ: 3rd Circ.

    The Third Circuit on Wednesday refused to disturb a New Jersey federal court ruling that insureds tied to a developer must arbitrate their claims against an insurance company over coverage for Superstorm Sandy-related damage at their Garden State properties, saying they are bound by an arbitration clause because New York law applies to their policy.

  • July 25, 2018

    Pa. Jury Must Decide If Insurer Pays For Roofer's Fatal Fall

    A Pennsylvania appeals court ruled Tuesday that a jury must decide whether the contractor who didn’t tell his insurance company he was working on a roof, or the insurer who never sent him the policy with its no-roofing exception, will pay a roofer’s $3.5 million wrongful-death settlement.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Harvard Pilgrim's ERISA Denial Questioned By 1st Circ.

    The First Circuit grilled a lawyer for Harvard Pilgrim Health Care on Wednesday over why it denied a young woman's claim for payment for inpatient mental health services she said she was entitled to under the Employee Retirement Income Security Act.

  • July 24, 2018

    Insurer Didn't Breach Policy In Coop Collapse Row: Del. Court

    Farm Family Casualty Insurance Co. did not breach a policy it issued to a Delaware farm when it refused to cover the collapse of a chicken coop during a blizzard, a state judge ruled Monday, finding that the insurer justifiably relied on expert reports indicating that the coop’s destruction was attributable to the excluded causes of snow and faulty construction.

  • July 24, 2018

    Progressive, USAA Beat Appeals In Reduced Benefit Cases

    The Tenth Circuit on Tuesday upheld orders dismissing two lawsuits alleging that United Services Automobile Association and Progressive Insurance improperly deducted auto policyholders' medical benefits payments from their uninsured motorist coverage, agreeing with lower courts that the policyholders’ claims are barred by their prior settlements with the insurers.

  • July 24, 2018

    Amazon Ducks Out Of Insurer's Product Liability Suit

    Amazon isn’t on the hook for a defective laptop battery it sold that caused a home to burn down, a New Jersey federal court said Tuesday, finding the online marketplace behemoth is not a “product seller” as defined by the state’s Product Liability Act.

Expert Analysis

  • A Torrid Pace Of Securities Suit Filings In Year’s 1st Half

    Kevin LaCroix

    A significant number of the securities class actions filed in the first half of 2018 were merger objection lawsuits, but the number of traditional filings alone was well above historical levels. If this pace continues, 2018 filings would approach last year’s elevated total, says Kevin LaCroix of RT ProExec.

  • Texas Case Shows Clarity Is Key In The Appraisal Process

    Jennifer Gibbs

    The 14th Court of Appeals in Houston recently ruled in TWIA v. Dickinson that an appraisal award alone does not provide sufficient evidence to conclusively show that damage was caused by a covered peril. Parties to the appraisal process should cooperate in educating the appraisal panel as to the issues being addressed, say Jennifer Gibbs and Michael Upshaw of Zelle LLP.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Opinion

    Washington State Should Amend Its Anti-Rebate Laws

    Nicholas Gregory

    Due to Washington state's anti-rebate laws, Zenefits customers in Washington now pay over $1,000 per year for a service that should be free. If a law advances no legitimate policy objective, and its net effect is to harm consumers, then the legislature should change the law, say Nicholas Gregory and Shawn Hanson of Akin Gump Strauss Hauer & Feld LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • New Support For Insureds Facing Government Subpoenas

    Caroline Meneau

    A recent decision from the Northern District of Illinois highlights the continued litigation around the scope of directors and officers liability insurance coverage for government investigations. Astellas v. Starr is a win for policyholders, reasoning that compliance with a government subpoena is essentially mandatory, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.