Insurance

  • April 20, 2018

    Cephalon's $125M Antitrust Deal Is Valid, Atty Power Unknown

    A contract outlining terms of Cephalon Inc.’s $125 million settlement, which resolved allegations it paid competitors to delay generic versions of its Provigil drug, is binding and enforceable, a Pennsylvania federal judge said Friday, but left undetermined if an insurer-claimant’s attorneys were authorized to approval the deal.

  • April 20, 2018

    Fla. Can Shield Insurance Program From Public Records Law

    A Florida appeals court sided with the state's financial services agency Friday in a dispute with two law firms, ruling that a public records exemption protecting certain personal information held by the agency for participants in two real estate insurance programs is constitutional.

  • April 20, 2018

    11th Circ. Affirms Sewage Not Pollution In Insurance Row

    The Eleventh Circuit upheld an Alabama federal court's ruling that a pollution exclusion in an insurance policy doesn’t apply to property damage and injuries from a sewage leak, saying Friday the lower court rightly drew comparisons to a past case that reached the same conclusion.

  • April 20, 2018

    Ex-Worker's Age Claim Not Nixed By ERISA, Fla. Judge Says

    A Florida federal judge on Friday kept alive a former Nexagen Networks Inc. employee’s suit accusing the company of firing him to dodge health care costs and replacing him with a younger worker, saying his state-law age discrimination claim isn’t preempted by the Employee Retirement Income Security Act.

  • April 20, 2018

    6 Firms To Guide Tech-Heavy IPO Lineup Set To Exceed $1.3B

    Six firms are set to guide companies on initial public offerings estimated to surpass $1.3 billion during the week of April 23, steering a technology-dominated lineup led by a projected $542 million offering from electronic signature company DocuSign Inc.

  • April 20, 2018

    4 Tips For Companies To Shield Against Phishing Scams

    A recent report by specialty insurer Beazley detailing the prevalence of email-based "phishing" theft schemes illustrates the need for companies to build up robust defenses including employee education, preventative policies and insurance tailored to such risks, experts say. Here, Law360 offers four tips for companies to shield against phishing attacks.

  • April 20, 2018

    NHL Teams, Insurers Renew Bid To Nix Head Injury Suit

    The New Jersey Devils and St. Louis Blues hockey teams and their insurance companies renewed their calls for a Minnesota federal court to dismiss concussion claims from former NHL “enforcer” Michael Peluso on Thursday, two months after both sides asked to put the case on hold.

  • April 20, 2018

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

    The last week has seen a contract dispute erupt between Russia's Sberbank and a fellow state-controlled bank in Azerbaijan, Greece's Alpha Bank sue more than a dozen Lloyd's syndicates, and underwriters and Lit Securities take on Morgan Stanley.

  • April 20, 2018

    Insurers' $132.5M Clawback Denial Upheld In Calif. Rail Crash

    Lloyd's of London and other insurers can’t claw back $132.5 million they spent settling claims after the deadly Chatsworth train accident, a California state appeals court has ruled, affirming a lower court’s decision that found an exclusion didn’t apply because the crash wasn’t a strictly “intentional act.”

  • April 20, 2018

    FDIC Fights Citibank, Others' Exit From $695M RMBS Suit

    The Federal Deposit Insurance Corp. has urged a New York federal judge not to drop its suit alleging Citibank, U.S. Bank and Bank of New York Mellon mishandled residential mortgage-backed securities and cost a Texas bank $695 million, saying Citibank’s refusal to sign off on the claims out of its own self-interest shouldn’t prevent them from moving forward.

  • April 20, 2018

    Insurer Sues To Deny Surgical Tools Co. Coverage In IP Suit

    Sentinel Insurance Co. sued surgical tools company Novo Surgical Inc. in Illinois federal court Thursday, claiming it has no duty to defend Novo in an underlying suit in which a competitor accused it of infringing sales information.

  • April 20, 2018

    Morris Manning & Martin Launches Gov't Contracts Practice

    Morris Manning & Martin LLP has launched a Washington, D.C.-based government contracts practice group led by a former partner at Cohen Mohr LLP and bolstered its D.C. office with another 10 attorneys working in five different practice areas, the firm announced this week.

  • April 20, 2018

    Key Safety Not Covered For Interest In AIG Dispute: 6th Circ.

    Key Safety Systems Inc., which recently purchased Takata Corp.’s assets at a bankruptcy auction, cannot force an AIG unit to pay nearly $600,000 in post-judgment interest racked up in an underlying suit over a car crash, the Sixth Circuit affirmed on Friday.

  • April 20, 2018

    Famed Japanese Chef Says Insurance Broker Failed Him

    Tetsu, the latest restaurant created by renowned Japanese chef Masayoshi “Masa” Takayama, has sued its trusted insurance broker in New York state court, claiming the firm failed to adequately cover the eatery for lead-related claims.

  • April 20, 2018

    5 Charged In Alleged $31M Slip-And-Fall Fraud Scheme

    Federal authorities in New York City announced on Thursday the indictment of five people who allegedly attempted to rake in $31 million from an insurance fraud operation in which "victims" were recruited to fake slipping and falling, coached on how to feign injuries and even paid to undergo unnecessary surgeries.

  • April 20, 2018

    Wells Fargo Fined $1B For Mortgage, Auto Lending Abuses

    Wells Fargo will pay a $1 billion fine to the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency as part of settlements unveiled Friday resolving allegations of improper practices in the bank’s auto lending and mortgage divisions.

  • April 19, 2018

    Workmanship Exclusion Gets Insurer Off Hook In Fishery Row

    Rockhill Insurance Co. does not have to pay an arbitration award of nearly $900,000 with which an insured was hit for designing a shoddy river modification, after a Colorado federal court found that a faulty-workmanship exclusion in the insured's professional liability policy applies.

  • April 19, 2018

    NY Cautions Banks, Insurers About Doing Business With NRA

    New York’s top banking agency on Thursday urged state-chartered banks and insurers operating in the state to think twice about doing business with the National Rifle Association and other gun rights advocacy groups in the wake of recent deadly incidents of gun violence like the Parkland, Florida, school shooting.

  • April 19, 2018

    Liberty Mutual Hits Ex-Sales Lead With Trade Secrets Suit

    Liberty Mutual Insurance Co. sued a former lead sales rep in an upstate New York office for allegedly taking customers to a competitor, according to court papers filed Thursday in federal court.

  • April 19, 2018

    3 Phishing Insurance Coverage Cases To Watch

    Policyholders and insurers alike are eagerly anticipating guidance from a trio of federal appeals courts on whether email-based "phishing" theft schemes trigger coverage under computer fraud insurance policies. Here, Law360 breaks down the computer fraud coverage cases pending before the Second, Sixth and Eleventh circuits.

Expert Analysis

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • The Risks Of Attorney Communication With Appraisers

    Brian Devilling

    Attorneys should not attempt to influence a property insurance appraiser's estimate of damages, selection of an umpire or any other substantive issue. While this may run contrary to an attorney's duty of zealous advocacy, it is necessary to avoid subsequent litigation and a potential order vacating an award, says Brian Devilling of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How Insurers Try To Limit Coverage For Punitive Damages

    Kelby Van Patten

    Insurers treat it as a given that their policies do not cover punitive damages, and insureds often mistakenly accept that premise, but there are circumstances in which punitive damages may be covered, says Kelby Van Patten of Payne & Fears LLP.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Why Texas Contractors Should Watch Lon Smith V. Key

    Brett Wallingford

    Many Texas contractors offer to handle insurance claims for their homeowner customers, but the Texas Supreme Court is currently considering whether to hear an appeal of a case that could deem such actions illegal, rendering their contracts void and unenforceable, says Brett Wallingford of Zelle LLP.

  • Anatomy Of An FLSA Collective Action Conditional Cert.

    Frederick Warren

    A New York federal court recently granted a conditional certification of the Fair Labor Standards Act collective action claims in Julian v. Metropolitan Life Insurance. The case is being litigated hard and well by experienced FLSA counsel on both sides. As such, it is a useful vehicle to analyze cases of this nature and some of the issues that arise, says Frederick Warren of FordHarrison LLP.