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Insurance

  • September 21, 2018

    High Court Case On ERISA Burden Ends In Settlement

    A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.

  • September 21, 2018

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

    The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.

  • September 21, 2018

    QBE Gets 2nd Chance At Force-Placed-Insurance Coverage

    A New York state appeals court revived a suit by insurer QBE against other insurers over coverage for sprawling underlying litigation over lender-placed homeowners' insurance, saying a contract was misread to grant summary judgment.

  • September 21, 2018

    Employer, Insurer Can't Exit Ex-Worker's Trans Son's ACA Suit

    A Minnesota federal judge has refused to let HealthPartners Inc. and Essentia Health escape claims from the transgender son of a former Essentia nurse practitioner over a health plan he alleged excluded gender transition-related health services, but let the companies out of the mother’s claim.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long-term unfair practices but also to singular violations.

  • September 21, 2018

    Alaska Court Defers Ruling, Trims Claims In Dock Collapse

    An Alaska federal court has granted partial summary judgment to both Chubb Custom Insurance Co. and Copper River Seafoods Inc. in a dispute over the insurer’s alleged failure to compensate the seafood company for a building collapse under a policy with a $15 million limit, trimming claims against the insurer while also tossing some of its defenses.

  • September 21, 2018

    GE Unit Wants Full 11th Circ. To Decide $45M Steel Plant Row

    A French unit of General Electric Co. urged the Eleventh Circuit on Thursday to revisit its decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' dispute over allegedly faulty motors, arguing that international arbitration law doesn't preclude non-signatories from enforcing an arbitration agreement.

  • September 21, 2018

    Taxation With Representation: Gibson, Hogan Lovells, Mayer

    In this week’s Taxation with Representation, Enbridge simplified its corporate structure with $7.1 billion in deals, Adobe bought Marketo for $4.75 billion, Univar snapped up Nexeo for $2 billion, and Western & Southern Financial Group acquired Gerber Life Insurance for $1.6 billion.

  • September 20, 2018

    Kaiser Unit Beats Part Of Ex-Worker's Bias Suit

    A Maryland federal judge on Thursday partially dismissed a bias suit alleging a Kaiser Permanente subsidiary illegally fired a worker who complained to the U.S. Equal Employment Opportunity Commission that his supervisor harassed him because of his gender.

  • September 20, 2018

    Kokesh Defeats JPMorgan's $286M Coverage Award: NY Court

    A New York appeals court on Thursday reversed an order requiring a group of insurers to pay J.P. Morgan Securities Inc. $286 million for settlement costs that Bear Stearns shelled out in a deal with the U.S. Securities and Exchange Commission, saying coverage is precluded based on the U.S. Supreme Court's 2017 ruling in Kokesh that disgorgement is a penalty.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    2nd Circuit Balks At Bid To Lower No-Fault Fraud Sentence

    The Second Circuit on Thursday expressed reluctance to force a federal judge in Brooklyn to rethink a prison sentence that was longer than prosecutors originally recommended for a man who admitted his role in a no-fault insurance scheme after cooperating with prosecutors to bring in his alleged co-conspirators.

  • September 20, 2018

    Aetna Plan Doesn't Cover Wilderness Therapy, Court Agrees

    Aetna Life Insurance Co. prevailed on its bid for a quick win in a suit over wilderness therapy coverage on Wednesday, with a Utah federal judge deciding that a family didn’t prove that Aetna’s refusal to cover the treatment violated the Mental Health Parity and Addiction Equity Act.

  • September 20, 2018

    Lloyd's Coverage Of 'Body Broker' Cases Capped At $2M

    An Illinois federal judge on Wednesday ruled that a Lloyd’s of London underwriter has no further duty to defend a policyholder facing 10 suits over its alleged practice of cutting up and selling donated cadavers, holding that all the suits constitute a single claim and the insurer has already paid out more than the $2 million per-claim limit.

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    Data Regulator Plans GDPR 'Sandbox' To Test Compliance

    The U.K.’s data regulator has announced plans to create a regulatory test site to help companies try out innovative business ideas without breaching Europe’s new information protection regime and risking tough penalties.

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Okla. Insurance Co. Sues Rival Over Alleged Poaching

    An Oklahoma insurance and human resources consulting firm filed suit late Tuesday in Delaware Chancery Court, accusing a competing firm of poaching a former employee as part of an alleged scheme aimed at expanding its presence in the Sooner State.

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

  • September 19, 2018

    Progressive Must Face Most Of Drivers' Car Value Claims

    A California federal judge denied most of Progressive Casualty Insurance Co.'s motion to dismiss a driver's putative class action alleging it unfairly undervalued vehicles declared totaled, finding Wednesday that the driver's claims under the Unfair Competition Act are viable.

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.