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Insurance

  • December 19, 2018

    Fla. Panel Revives Health Center's Fight Over Attys' Fees

    A Florida state appeals court on Wednesday revived an appeal of a case that granted attorneys' fees to Mark J. Feldman for his short-lived representation of Florida Wellness & Rehabilitation Center Inc. in a dispute over the recovery of personal insurance protection benefits, finding that the suit was not lawfully dismissed.

  • December 19, 2018

    United Airlines Tries To Cancel Travel Insurance Kickback Suit

    A woman accusing United Airlines of illegally collecting kickbacks on sales of travel insurance policies through its website has not alleged a deceptive act that could advance her consumer fraud claims, the company told an Illinois federal court Tuesday.

  • December 18, 2018

    Insurer Must Defend Builder In Defective Fla. Condo Suit

    A Florida federal judge granted homebuilder KB Home an initial win Tuesday in a dispute with Southern Insurance over coverage for underlying claims relating to alleged construction defects in a 270-unit condo project.

  • December 18, 2018

    7th Circ. Nixes AIG's Win In Med Mal Deal Coverage Row

    The Seventh Circuit on Tuesday revived a dispute over whether AIG Specialty Casualty Insurance Co. should cover an Indiana medical insurer's post-verdict medical malpractice settlement, saying questions remain as to whether the insurer's initial refusal to settle was a wrongful act excluded from the policy.

  • December 18, 2018

    Nev. Defense Breach Ruling To Tee Up Damages Battles

    Nevada’s high court recently gave policyholders a potent weapon when it ruled that an insurance company can be held liable for “consequential damages” beyond the policy limits if it breaches its duty to defend, but some insureds may have a tough time proving they are entitled to excess damages.

  • December 18, 2018

    Judge Scolds DOJ For 'Defensive' Attitude In CVS-Aetna Case

    A D.C. federal judge took U.S. Justice Department lawyers to task for a second time Tuesday over their court filings as they seek final approval of the multibillion-dollar merger of CVS and Aetna, calling their tone "unnecessarily defensive."

  • December 18, 2018

    Fifth Third Was Too Early To Sue Over Family's Death Payout

    A Pennsylvania federal judge dismissed a suit on Monday accusing a family of real estate developers of fraudulently transferring an interest in the family patriarch’s insurance policy death benefit out of Fifth Third Bank’s grasp, saying it’s too early to tell if the court’s intervention is necessary or productive.

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    China Reinsurance Gets EU OK For $950M Chaucer Buy

    The European Commission on Tuesday said it has approved China Reinsurance Group Corp.'s $950 million acquisition of global specialty insurer Chaucer Insurance Group PLC under Europe's merger rules.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    The ACA's Been Ruled Invalid. What's Next?

    A Texas federal judge’s declaration that the entire Affordable Care Act is invalid left attorneys questioning why the judge didn’t actually halt the ACA’s operation and where the litigation is headed next.

  • December 17, 2018

    2nd Circ. Affirms Safeco's Win In Corps Project Row

    The Second Circuit held that a lower court was right in concluding that Safeco Insurance Co. of America is entitled to indemnification from a construction contractor for losses suffered under bonds issued for Army Corps of Engineers projects, finding no merit to claims that the insurer flouted its contractual obligations or acted in bad faith.

  • December 17, 2018

    Calif. Panel Nixes Allstate, Farmers Inspectors' Cert. Bid

    A California state appeals court on Friday let stand a trial court’s denial of class certification to a group of more than 1,500 property inspectors who claimed Allstate Insurance Co. and Farmers Insurance Group shorted them on pay, saying their certification bid was based on a flawed plan for trying the case.

  • December 17, 2018

    Trucking Co. Says Insurer Backed Out Of Required Coverage

    An explosive multivehicle tractor trailer crash has sparked a legal battle in Kansas federal court in which a trucking company accuses its insurer of failing to protect it from lawsuits filed by the accident's victims and even undermining it by taking their side.

  • December 17, 2018

    NJ Insurance Broker Charged In $10M BCBS Fraud

    A New Jersey insurance broker is accused of conspiring to bilk Blue Cross Blue Shield out of $10 million through a scheme in which he obtained employee health insurance plans for hundreds of individuals who weren’t eligible for them, federal prosecutors announced Monday.

  • December 17, 2018

    Anthem Nabs Fees To Sanction Insys In $19M Fentanyl Fight

    Insys Therapeutics Inc. has been sanctioned by an Arizona federal court for failing to prepare a witness who was supposed to answer questions about why employees replaced the word "cancer" with an exclamation point in emails, in Blue Cross Blue Shield's suit alleging that the embattled opioid maker bribed doctors to overprescribe its flagship painkiller, Subsys.

  • December 17, 2018

    Health Care Co. Hid $1B Tax Debt Before Merger: Investors

    A pair of pension funds investing in health care company Centene sued the company Friday, claiming it concealed financial problems with its $6.8 billion acquisition of Health Net, including Health Net’s liability for over $1 billion in California taxes.

  • December 17, 2018

    CIT Says Insurer Must Cover Unpaid Duties On Chinese Garlic

    U.S. Customs and Border Protection correctly forced Hartford Fire Insurance Co. to cover unpaid anti-dumping duties on garlic under bonds taken out by a Chinese company, the U.S. Court of International Trade said Friday, rejecting the insurer’s assertion that a federal law retroactively wiped out the bonds.

  • December 17, 2018

    11th Circ. Affirms Geico's Win In Bad Faith Retrial

    The Eleventh Circuit on Friday left intact a Florida federal jury’s finding on retrial that Geico didn’t act in bad faith when it failed to settle with the family of a woman killed in a road rage incident involving the insurer’s policyholder, saying the district court acted within its bounds in nullifying a prior $5.2 million judgment against Geico and ordering the new trial.

  • December 17, 2018

    K&L Gates Adds Ex-Fox Rothschild Real Estate Pro In Calif.

    K&L Gates LLP has hired a real estate partner in California from Fox Rothschild LLP with experience advising insurance companies, private equity investors, hotel owners and other clients on a variety of real estate issues and transactions, including joint ventures, acquisitions and land use matters.

Expert Analysis

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Iran Sanctions Reimposed: 5 Key Questions

    Mario Mancuso

    With this week's reimposition of the final tranche of U.S. sanctions against Iran, foreign subsidiaries of U.S. companies must ensure they have concluded all Iran-related business. The addition of more Iranian individuals and entities to the specially designated nationals list means additional compliance risks, say attorneys with Kirkland & Ellis LLP.

  • What Montrose Means For Multilayered Insurance In Calif.

    Robert Anderson

    The California Court of Appeal's recent decision in Montrose v. Superior Court, which held that trial courts deciding coverage cases that involve multiple layers of insurance must analyze each policy, is unsurprising given the California Supreme Court's analysis in similar cases, though some inconsistencies may need to be addressed, say Robert Anderson and Gary Spencer of The Anderson Edge.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    Texas Hail Bill Leads To Policyholder Attorney Hail Marys

    Brian Odom

    With the anticipated wave of insurance litigation involving Hurricane Harvey disputes, it's likely that Texas lawyers will look to circumvent the so-called Hail Bill. Courts should continue to enforce the bill's clear intention — promoting early resolution of disputed weather-related insurance claims, say Brian Odom and Raven Atchison of Zelle LLP.

  • 2 Recent Decisions May Affect Your Cyber Policy

    Erin Illman

    Social engineering claims have often faced coverage denials under cyber or computer fraud insurance policies, but two circuit courts have reversed the trend in recent months. Combined with the legislative focus on cybersecurity and privacy at the federal level, these cases could mean big changes for cyber insurance, say Erin Illman and Alex Purvis of Bradley Arant Boult Cummings LLP.

  • New BSA Order Brings Welcome Flexibility For Banks

    Carlton Greene

    A recent interagency order exempting premium finance accounts from the Bank Secrecy Act's customer identification program rules will allow financial institutions to concentrate more anti-money-laundering resources on products and services that pose a greater risk, say Carlton Greene and Danielle Giffuni of Crowell & Moring LLP.