Insurance

  • May 23, 2017

    HealthMarkets Escapes FCA Suit Over 'Junk' Insurance

    A Florida federal judge on Monday tossed a False Claims Act suit over alleged “junk” supplemental insurance sold by HealthMarkets Inc. after the federal government declined to intervene and the relator dropped the suit.

  • May 23, 2017

    Insurer Needn't Cover Clerk In Fake TV Probe Suit, Court Says

    Arbella Insurance Group doesn't have to cover a city of Newton police clerk's costs to defend a lawsuit alleging he secretly photographed the then-police chief's secretary as part of a ruse to get her to accept extra work by making her believe she was the subject of a TV news investigation, a Massachusetts appeals court affirmed Tuesday.

  • May 23, 2017

    Insurer Says Bribe Case Erases Defense Duty To Racetrack

    Illinois Northern RSUI Indemnity Co. argued Monday it is not required to defend an Illinois racetrack operator against a $21 million suit alleging fraudulent money transfers, saying it falls under a policy exclusion for cases related to its bribery of former Gov. Rod Blagojevich.

  • May 23, 2017

    PE Shop Taps China Life For $950M Net Lease Portfolio Recap

    Private equity real estate firm ElmTree Funds LLC said it would enter into a $950 million recapitalization agreement with China Life Insurance Group on Tuesday, meaning the companies will share a portfolio of properties under lease in the U.S.

  • May 23, 2017

    Insurer Says It Needn't Cover Farm Co. In Wasp Breeder's Suit

    Colony Insurance Co. asked a California federal court on Monday to let it off the hook in defending a farming company from a $455,000 negligence suit for allegedly supplying pesticide-laden banana squash to a predatory wasp breeder that decimated its wasp population.

  • May 23, 2017

    Genworth Investors Say Lead Plaintiff Rival Has Conflict

    Genworth Financial Inc. investors told a Virginia federal court Monday that Scott + Scott LLP and Johnson & Weaver LLP should not be named lead counsel in their case challenging the insurer’s $2.7 billion sale, saying the firms' client has an incurable conflict of interest from prosecuting two related actions in Delaware court.

  • May 23, 2017

    Why Insurance Law Firms Are Banding Together

    Law firms serving the insurance industry have created two separate global associations so far in 2017, and the sector also saw a major cross-border law firm merger as insurance lawyers scramble to win profitable work amid a rapidly consolidating client-base.

  • May 22, 2017

    Ill. Appeals Court OKs Medical Marijuana For Post-Op Pain

    An Illinois appeals court on Monday affirmed a trial court’s finding that the director of the state’s Department of Public Health broke the department’s own rules when he unilaterally denied an unnamed man’s petition to add chronic postoperative pain to the list of diseases the state’s medical marijuana law covers.

  • May 22, 2017

    Insurers Angle For Win In Fiserv Coverage Battle

    A Sompo Holdings unit and XL Specialty Insurance Co. on Monday urged a Wisconsin federal court to find that they have no obligation to cover Fiserv Solutions Inc.'s claims for costs tied to a $530 million Bank of America NA title insurance suit, saying the court previously failed to take into account recent Wisconsin Supreme Court precedent.

  • May 22, 2017

    Insurer Wants To See Settlement Deal In $5.2M Med Mal Suit

    American Physicians Assurance Corp. on Monday asked an Illinois federal court to force a surgical center suing the insurer for negligence to turn over a settlement it reached with Lowis & Gellen LLP after APAC and the law firm’s actions allegedly led to a $5.2 million medical malpractice verdict against the center.

  • May 22, 2017

    AIG Needn't Defend Carfax In $50M Antitrust Suit

    A New York judge has found an AIG unit does not have to defend Carfax against a $50 million suit alleging the company monopolized the vehicle history report market, saying references to defamation in the suit cannot get Carfax out from under an antitrust exclusion.

  • May 22, 2017

    Windshield-Repair Shops Seek Cert. In Geico Suit

    Windshield-repair shops suing Geico General Insurance Co. over its alleged imposition of an illegal deductible on Florida policyholders through reimbursement-price suppression asked a federal judge on Friday for class certification, saying they've met all the requirements.

  • May 22, 2017

    Mich. Doctor Gets 19 Years For Fraudulent Opioid Scripts

    A Michigan doctor has been sentenced to 19 years in prison after being convicted for his role in a practice that wrote fraudulent prescriptions for opioids and falsely billed Medicare.

  • May 22, 2017

    Plaintiffs Bar Perspective: McKool Smith's Ashley Moore

    I’ve seen seasoned lawyers in the courtroom who failed to listen effectively, which alienates the jury, destroys what could have been a devastating cross-examination, and sometimes frustrates judges who simply want their question answered, says Ashley Moore, principal at McKool Smith PC.

  • May 19, 2017

    Standard Register Settles $10M Dispute With Liberty Mutual

    The bankruptcy trust of Standard Register Co. has settled a $10 million dispute over workers' comp insurance with Liberty Mutual Insurance Co., according to a motion filed Thursday in Delaware bankruptcy court.

  • May 19, 2017

    Couple Who Hid Sinkhole Can't Dodge Verdict At 11th Circ.

    A Florida couple who were sentenced to probation and restitution after they were convicted of wire fraud for failing to disclose during the sale of their home that they got a $150,000 insurance check for a sinkhole they didn’t fix saw their sentences upheld by the Eleventh Circuit on Friday.

  • May 19, 2017

    Insurer Asks 2nd Circ. To Amend Rochester U. Injury Ruling

    Cincinnati Insurance Co. on Thursday told the Second Circuit that a lower court correctly found Harleysville Insurance Co. must cover the University of Rochester Medical Center in litigation over a construction worker injured on a job, and that Harleysville should also be ordered to cover a general contractor.

  • May 19, 2017

    16 AGs Look To Intervene In ACA Subsidy Suit At DC Circ.

    Fifteen states and Washington, D.C., on Thursday urged the D.C. Circuit to let them fight a U.S. House of Representatives lawsuit challenging Affordable Care Act subsidies, saying the Trump administration can’t be counted on to defend the payments as it works to eliminate the ACA.

  • May 19, 2017

    GoPro Harness Maker Says Insurer Must Defend It In IP Row

    360Heros Inc., an independent company that makes mounting harnesses for GoPro cameras, on Thursday sued Mainstreet America Assurance Co. in New York federal court for allegedly failing to pay its defense costs in a patent infringement suit brought by GoPro.  

  • May 19, 2017

    Fiduciary Rule Foe Points To High Court Arbitration Stance

    A financial planning group challenging portions of the U.S. Department of Labor’s so-called fiduciary rule has urged a Minnesota federal judge to take notice of a recent U.S. Supreme Court decision involving the Federal Arbitration Act, saying it strengthens the group’s challenge.

Expert Analysis

  • A Look At 1st-Party Insurance Coverage For Cannabis

    Fiona Chaney

    As specialized cannabis-specific insurance products continue to enter the market, it is important for entrepreneurs and cannabis enthusiasts seeking to cash in on this latest gold rush to properly insure cannabis-related risks and understand the different types of insurance products available for the industry, say Fiona Chaney and Pamela Woods of Liner LLP.

  • Medicare Ties That Bind Casualty Insurers And Drug Plans

    Kathryn Bucher

    Before finalizing the recently introduced Secondary Payer Advancement, Rationalization, and Clarification Act, lawmakers should consider resolving apparent inconsistencies in the legislation that sow confusion and appear to work against the sponsors’ bipartisan goal of more efficient administration of an unwieldy Medicare secondary payer regulatory scheme, say Kathryn Bucher and Laura Lee Miller of Wiley Rein LLP.

  • Insurance Takeaways From Texas' New Hailstorm Bill

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    On Wednesday, the Texas Legislature passed its new "Hailstorm Bill," intended to address several abuses that have become commonplace in the claims and litigation process. Proponents of the bill believe it will have a direct positive impact on minimizing abuses in all weather-related litigation matters, while still protecting insureds from improper claim denials, says Jennifer Gibbs of Zelle LLP.

  • 7th Circuit May Clarify Rep & Warranty Insurer Duties

    Jason Dubner

    Next week, the Seventh Circuit will hear oral argument in Ratajczak v. Beazley, giving the court a rare opportunity to address the scope of a representation and warranty insurer's duties to its policyholders, particularly in the context of settling an underlying claim, say Jason Dubner and Mark Schwartz of Butler Rubin Saltarelli & Boyd LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Consider Ransomware Now So You Don’t WannaCry Later

    Roberta Anderson

    Last Friday, the largest ransomware infestation ever affected tens of thousands of organizations across the globe and a wide range of industry sectors. A well-negotiated insurance program will position an organization to be resilient in the face of the escalating threat of cyberextortion, says Roberta Anderson of Cohen & Grigsby PC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • UPDATE: Why Cosgrove V. National Should Terrify Insurers

    Randy Maniloff

    On May 5, the same date this article first published, the U.S. District Court for the District of Arizona approved a request to vacate and seal its original ruling. This article was based on the court's original ruling.

  • The Absolute Pollution Exclusion Continues To Weaken

    Carl Salisbury

    Last month, the Washington Supreme Court employed a causation analysis to reject a coverage denial in Xia v. Probuilders. When it first appeared, the absolute pollution exclusion seemed to mark the end of coverage for any losses remotely related to pollution, but the pendulum might at last be swinging in the other direction, says Carl Salisbury of Bramnick Rodriguez Grabas Arnold & Mangan LLC.