• March 19, 2018

    Insurers Keep Win In Suit Over Man Killed By Air Intake Pipe

    A New York state appeals court found Friday that a health and safety inspection company must cover the cost of a settlement in a suit over a hazard it allegedly missed that led to the death of a factory worker, despite not being the company that delivered the final report.

  • March 19, 2018

    Rite Aid Defends Rx Discount Program In Co-Pay Cost Row

    A customer can’t sue Rite Aid Corp. for charging patients with private insurance higher co-pays than cash-paying customers who enroll in its generic-drug discount program because there’s nothing legally requiring it to match the prices, the pharmacy told a California federal court Friday, hoping to ditch a potential class action.

  • March 19, 2018

    Insurer Fights Coverage Of Row Over Texas Sports Complex

    Insurer Mt. Hawley Insurance Co. lobbed a lawsuit in Texas federal court on Friday at a trio of companies responsible for building a municipal sports complex in a San Antonio suburb, saying it should not have to cover a lawsuit alleging the firms provided a subpar finished product.

  • March 19, 2018

    NC Asset Manager Blasts BCBS Claim On 'Blue' Trademark

    A North Carolina asset manager that offers insurance services told a federal judge Monday that Blue Cross and Blue Shield Association can’t pursue trademark infringement claims against it because its brand marks are entirely unlike BCBS' and they aren’t based in the same markets, among other issues.

  • March 19, 2018

    Juror Shortfall Kills $16M Verdict Against Med Mal Insurer

    An Illinois appellate court on Friday threw out a nearly $16 million verdict against a major medical malpractice insurance company over its alleged failure to settle a wrongful death case within its policy limits, ruling the trial had too few jurors to be fair.

  • March 19, 2018

    Justices Ask Gov't For Views On ERISA Causation Burden

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a case asking when the burden of showing whether an Employee Retirement Income Security Act fiduciary caused an alleged loss shifts from the workers to the fiduciary.

  • March 16, 2018

    Acuity Off Hook For Damage Due To 'Earth Move' Clause

    An Illinois federal judge on Thursday held that an “earth movement” exclusion in a commercial building's insurance policy barred Acuity Mutual Insurance Co. from covering its client’s repair costs for damage done to the building.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Hartford Needn't Indemnify Trucking Co. For Workplace Death

    A Virginia federal judge on Friday ruled Hartford Underwriters Insurance Co. doesn’t have to pay any benefits on a workers' compensation claim made by the widow of a trucking company employee who died as the result of a workplace accident, handing the insurer a quick win in the case.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    Patriarch Not Covered For SEC Probe, Axis Tells 2nd Circ.

    Axis Insurance Co. on Friday urged the Second Circuit to uphold a New York federal court's ruling that it doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of an SEC investigation and enforcement action, saying the lower court properly concluded that coverage is barred because the probe predated the insurer's policy.

  • March 16, 2018

    Asbestos Firm Must Face Insurers' Coverage Payback Suit

    A Texas federal court on Friday refused to toss a suit from three health insurers that claims a law firm failed to pay the companies money out of its clients’ asbestos settlement funds, asking the parties for additional information but saying the suit could remain for now.

  • March 16, 2018

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

    The last week has seen the Force India Formula One team sue Santander, the Fiat Group launch an action against its longtime pension scheme administrator and Squire Patton Boggs, and a Scipion fund take on a commodities warehouser. Here, Law360 looks at those and other new claims in the U.K.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

  • March 16, 2018

    AIG Asks 9th Circ. To Ax Disney 'Pink Slime' Arbitration

    AIG Specialty Insurance Co. urged the Ninth Circuit on Friday to reverse an order allowing Walt Disney Co. to arbitrate a dispute over the coverage of $25 million of an undisclosed settlement with a beef company that sued over ABC’s characterization of its “lean finely textured beef” as “pink slime.”

  • March 16, 2018

    Failed ACA Insurer's Suit Tossed Over Jurisdiction

    A South Carolina federal judge on Friday dismissed a suit challenging a federal loan repayment demand to a failed Affordable Care Act insurance co-op, saying the Federal Court of Claims has jurisdiction.

  • March 16, 2018

    Reinsurance Execs Can Arbitrate $50M RICO Suit, Judge Says

    A New York federal judge Tuesday sent a $50 million Racketeer Influenced and Corrupt Organizations Act case against three reinsurance executives to arbitration, saying the arbitration clause in the reinsurance agreement applies to them as well as their company.

  • March 16, 2018

    NY Watchdog Fines Insurer $750K Over Accident-Only Sales

    New York financial regulators announced a $750,000 fine for the U.S. arm of Australian insurer QBE on Thursday in connection with sales of accident-only insurance policies to college students, a practice outlawed in 2014 and which the company has now stopped.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

Expert Analysis

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 1

    Patrick Frye

    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • Insurtech Is The Next Frontier For Texas Insurance

    Jennifer Gibbs

    Texas has shown strong interest in investing in insurtech startup companies, and insurers would be wise to implement insurtech innovations before being left in the dust. Though some view insurtech as a threat, it appears to be here to stay and will supply insurers with a wealth of information, say Jennifer Gibbs and Bennett Moss of Zelle LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.

  • Do Business Interruption Policies Cover Ransomware?

    Catherine Doyle

    Policyholders should look to the Rhode Island district court's decision in Moses v. Sentinel as a bellwether on coverage for business interruption and lost income claims associated with ransomware attacks, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.

  • 'Risk Corridor' Litigation: Who Speaks For The Gov't?

    Ralph Nash

    One of the most heavily litigated issues in recent years involves “risk corridor” payments related to Section 1342 of the Affordable Care Act. There are a lot of interesting concerns in these cases, one of which is the conflicting views of the U.S. Departments of Justice and Health and Human Services, says Ralph Nash, professor emeritus of law at George Washington University.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.