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Insurance

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    8th Circ. Asked To Eye Cave Structure In $22M Coverage Fight

    The owner of an underground storage facility urged the Eighth Circuit on Monday to force its insurers to pay for $22 million worth of damage from a series of rock falls under the company’s building collapse coverage, saying a lower court erred in analyzing how the facility is embedded into the surrounding rock.

  • January 15, 2019

    Hunton Andrews DQ Bid Under Fire In Crash Coverage Suit

    Ranger Construction Industries Inc. slammed Allied World National Assurance Co.'s bid to disqualify Hunton Andrews Kurth LLP for allegedly using inadvertently disclosed confidential documents in a pending case, saying Tuesday the insurer is trying to turn its own errors into a "reason to rob Ranger of its chosen counsel."

  • January 15, 2019

    UnitedHealth's Offsetting Method Unreasonable, Says 8th Circ.

    The Eighth Circuit ruled Tuesday that UnitedHealth Group Inc. isn’t allowed to offset overpayments to providers from certain health plans by withholding payments to those providers from other health plans, affirming a lower court’s finding that the insurer’s interpretation of plan documents was unreasonable.

  • January 15, 2019

    Insurer Wants Out Of Covering Depomed In Opioid Litigation

    Navigators Specialty Insurance Co. has asked a California federal court to affirm that it doesn't have to defend or indemnify Depomed Inc.'s successor in more than three dozen suits over the drugmaker's role in the opioid crisis, saying the policies don't cover opioid-related injuries and "allegedly intentional wrongdoing."

  • January 15, 2019

    NJ High Court Probes 'Step-Down' Clause In Fatal Crash Row

    The insurance carrier for a BMW dealership must cover a crash in which an off-duty police officer was killed by a drunken driver operating a loaner vehicle from the dealership, counsel for the officer’s estate told the New Jersey Supreme Court at arguments on Tuesday in challenging a state appellate ruling that coverage was not required.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    NY Title Insurance Kickback Rule Revived On Appeal

    A New York state appellate court ruled Tuesday that the state Department of Financial Services had the power to ban title insurance companies from wining and dining lawyers and others who could refer business to them, paring back a lower court's ruling that struck down the regulation.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

  • January 15, 2019

    Brazil Says Aviation Insurers Have Been Swapping Info

    Brazil’s antitrust authority has launched an investigation into whether American International Group Inc. and 10 other companies in the aviation and aerospace insurance industry affected competition in the country by sharing sensitive pricing information.

  • January 14, 2019

    1st Circ. Denies NFL Benefits To Late Patriots Pro's Ex-Wife

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu cannot claim survivor benefits from the NFL after the First Circuit ruled that a posthumous domestic relations order does not overrule the couple's marital separation agreement that only entitled her to receive one-third of his benefits.

  • January 14, 2019

    Travelers Settles $1M Row Over Army Drone Facility In Israel

    A Travelers unit and an Israeli construction company have settled a dispute over $1 million worth of work the builder said it wasn’t paid during U.S. government work on a drone facility in Israel, a Connecticut federal judge said Monday.

  • January 14, 2019

    Jones Walker Snags Fowler Rodriguez Team In Merger

    Jones Walker LLP has absorbed the founding partner of fellow New Orleans-anchored international dispute firm Fowler Rodriguez, along with a group of attorneys versed in working with domestic and international maritime, energy and insurance clients on issues including infrastructure deals, immigration, tax matters, mergers and acquisitions, and international arbitration.

  • January 14, 2019

    Lender Says Life Settlement Co. Is Using Ch. 11 To Pay Parent

    The top secured lender to bankrupt life settlements venture White Eagle Asset Portfolio LP accused it of seeking to improperly pay the expenses of a non-debtor parent and urged a Delaware bankruptcy judge to reject a proposed cash management order for the case.

  • January 14, 2019

    10th Circ. Affirms Liberty's Win In Black Lung Coverage Row

    Liberty Mutual Fire Insurance Co. didn't breach any obligations to the ex-president of bankrupt Clemens Coal Co. when it failed to provide the company a policy with coverage for black lung disease claims, the Tenth Circuit affirmed on Monday, agreeing with a lower court that the former executive's case fails because the insurer owed no duty to him personally.

  • January 14, 2019

    CVS CEO Unveils $100M Initiative For 1-Stop Health Care Shop

    CVS Health Corp. CEO Larry Merlo on Monday announced a five-year, $100 million commitment to the creation of a health care model that he said would give consumers a more localized, one-stop shop for care and simplify treatment options.

  • January 14, 2019

    Mueller Probe To Dominate Barr Confirmation Hearing

    The Senate Judiciary Committee is set to start grilling President Donald Trump's attorney general nominee William Barr Tuesday, and the biggest item on the menu is undoubtedly his supervision of Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

  • January 14, 2019

    Trump's ACA Birth Control Rules Blocked Nationwide

    A Pennsylvania federal judge issued a nationwide injunction Monday blocking Trump administration carveouts to the Affordable Care Act's birth control mandate from taking effect, one day after a court in California blocked the same ACA exemptions in 13 states and the District of Columbia.

  • January 14, 2019

    Lloyd's Underwriters Say Reinsurance Pact Null In $3.7M Row

    Underwriters at Lloyd's of London have urged a Maryland federal court not to send to arbitration a $3.7 million coverage dispute with two insurers over a Baltimore warehouse that was destroyed in a fire, arguing the parties' agreement is void because the insurers misrepresented certain material facts.

  • January 14, 2019

    Ex-GC Returns To Lead Haynes And Boone Group In Dallas

    A former partner in Haynes and Boone LLP's white collar practice group has returned to the law firm's Dallas office — after a stint as assistant general counsel for a public health care company — where he will co-lead its health care and life sciences group, the firm announced Monday.

Expert Analysis

  • Axis V. Northrop Highlights Premature Exhaustion Risks

    Caroline Meneau

    A California federal court's decision in Axis v. Northrop reminds insureds to consider excess insurers' coverage positions when negotiating coverage with lower-level insurers. Insureds should also be wary of settlements that could be construed as disgorgement of ill-gotten assets, say Caroline Meneau and David Kroeger of Jenner & Block LLP.

  • An FAQ On The State Of Direct Procurement Insurance

    Zachary Lerner

    The practice of procuring insurance coverage by "direct procurement" has been viewed as a constitutional right for half a century, but recent events have raised many questions within the insurance industry over whether that right is being eroded by certain states, says Zachary Lerner of Locke Lord LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • NY’s High Court Further Clarifies RMBS Legal Landscape

    Christopher Malloy

    In the past year, the New York Court of Appeals heard four significant cases addressing contractual remedies and timeliness of lawsuits concerning residential mortgage-backed securities — and has agreed to hear at least two more. The court's decisions in these cases will serve as useful guideposts, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • A Small Step Toward 'Employee' Clarity For FCRA

    Cindy Hanson

    An Iowa federal court's recent decision in Smith v. Mutual of Omaha Insurance Company limits the Fair Credit Reporting Act requirements associated with a consumer report obtained for employment purposes to its logical statutory definition. Yet, companies hiring independent contractors are not entirely out of the woods, say attorneys with Troutman Sanders LLP.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.