Insurance

  • May 18, 2018

    Skeloses Get Docs That Could Undermine Developer Witness

    A federal judge ordered a Manhattan developer's general counsel to hand over documents on Thursday that she said could “undermine” testimony expected at the upcoming corruption retrial of New York State Senate Majority Leader Dean Skelos and his son Adam.

  • May 18, 2018

    Fla. Health Center Owners To Serve Time, Pay $4M For Fraud

    The former owners of a substance abuse treatment center in Florida were sentenced to prison and ordered to pay $4 million for a scheme that defrauded health care programs through false claims and kickbacks, the U.S. Department of Labor’s Employee Benefits Security Administration announced Thursday.

  • May 18, 2018

    Judge Limits Order Barring $200M Pa. Malpractice Fund Grab

    A Pennsylvania federal judge clarified Friday that he had not intended to scrap the state’s entire fiscal code as part of his decision barring state Gov. Tom Wolf from tapping $200 million from a publicly created medical malpractice insurer's reserves to close a budget hole.

  • May 18, 2018

    Tenn. Justices OK Toss Of $146M Mall Flood Coverage Award

    Tennessee's highest court denied an appeal by the owner of a Nashville mall claiming insurers owe it $146 million in flood damage coverage.

  • May 18, 2018

    5 Controversial Rules In The ALI's Insurance Law Project

    The American Law Institute is poised to vote Tuesday on a final draft of guidelines designed to help courts navigate liability insurance cases, including hotly contested provisions establishing when insurers can be held liable for malpractice by attorneys they pick to represent policyholders and when carriers can recoup defense costs paid on policyholders' behalf. Here, Law360 looks at five of the most controversial sections in the final version of the ALI's Restatement of the Law on Liability Insurance.

  • May 18, 2018

    Triton, KKR Sell Finnish Private Health Care Biz To CVC

    Funds advised by private equity giant KKR & Co. LP and investment firm Triton Investment Management Ltd. agreed to sell Finnish private health care and social services company Mehiläinen to CVC Capital Partners and a group of minority shareholders in Mehiläinen, the firms said Friday.

  • May 17, 2018

    10th Circ. Caps Ski Resort Project Insurer's Liability At $5M

    The Tenth Circuit ruled Thursday that National Union Fire Insurance Co. of Pittsburgh's liability for defects on Intrawest's dozens of ski resort condo construction projects was limited to $5 million total, leaving excess insurer Federal on the hook for the $8 million-plus it shelled out on Intrawest's behalf in two suits.

  • May 17, 2018

    NYC Atty Threatening To Call ICE Faces Complaint From Pols

    The man who was filmed screaming at employees of a New York City restaurant for speaking Spanish, then later identified as a complex commercial and insurance coverage attorney, is facing a formal complaint filed in the state court system’s Departmental Disciplinary Committee.

  • May 17, 2018

    Training, Insurance Best Cybersecurity Tools, Panelists Say

    The biggest cybersecurity threat facing law firms and their clients is employees who innocently click on a virus and fail to safeguard their passwords, making training and good insurance key necessities in the digital age, according to panelists who spoke at the New Jersey State Bar Association convention Thursday.

  • May 17, 2018

    Cozen Adds Lewis Brisbois Partner To Insurance Practice

    Cozen O’Connor on Thursday announced that a former Lewis Brisbois Bisgaard & Smith LLP partner has joined its global insurance practice, bringing 15 years of experience as a litigator and mediator to the firm.

  • May 17, 2018

    Aetna Seeks To Dodge Sleep Apnea Reimbursements Suit

    Aetna urged a Pennsylvania federal court Wednesday to toss certain claims from a Florida sleep center’s proposed class action alleging the insurer was not paying enough for out-of-network claims, arguing that some of the allegations are unsupported and redundant.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Kennedys Hires Skarzynski Partner With Sedgwick Ties

    Kennedys CMK has hired an insurance partner from Skarzynski Black, the latest of many former Sedgwick LLP partners who have ended up at the insurance boutique during or after Sedgwick's decline and shutdown, the firm announced Thursday.

  • May 17, 2018

    Cigna Gets Podiatry Group's ERISA Suit Booted From Court

    Cigna Health and Life Insurance Co. doesn't have to face an Employee Retirement Income Security Act suit from a New Jersey podiatry group alleging that the insurer shortchanged it on medical claims, after a New Jersey federal judge ruled on Wednesday that the medical provider didn't plead enough specifics to support its case.

  • May 16, 2018

    Relativity Secures Contested D&O Policies In Ch. 11

    Relativity Media received a New York bankruptcy judge's permission Wednesday to buy $3 million worth of insurance policies to protect current and former directors and officers, possibly including lawsuit-facing founder Ryan Kavanaugh, despite the objection of longtime adversary Netflix that the policies are expensive and possibly of little value to the estate. 

  • May 16, 2018

    Insurers Can't Evade New Claims In Dairy's Manure Suit

    A Washington federal judge dismissed a claim Wednesday in a dairy operation’s suit against four insurers regarding underlying manure-contamination claims, saying the insurers were not required to inform the dairy operation about the possibility of mediation, but rejected two other theories.

  • May 16, 2018

    Liberty, Travelers Off Hook For Costs In Ala. Enviro Cleanup

    A California federal judge on Tuesday ruled that Liberty Mutual and Travelers don’t have to cover environmental cleanup costs for an electronics company that struck a deal with an Alabama regulator, finding the policies only obligated the insurers to pay costs racked up as damages from a lawsuit.

  • May 16, 2018

    Mortgage Scam Suit Coverage Barred, Hartford Tells 9th Circ.

    Hartford Casualty Insurance Co. asked the Ninth Circuit on Tuesday to uphold a ruling that it does not have to defend or indemnify a California company for claims that it charged illegal mortgage modification fees, saying the uncovered claims against it cannot be separated from the potentially covered ones.

  • May 16, 2018

    3rd Circ. Says Anti-Assignment Clauses Stand In ERISA Plans

    The Third Circuit on Wednesday joined some of its sister circuits in holding that health insurance plan clauses barring the assignment of claims to third parties, including the provider of the underlying care, are enforceable in Employee Retirement Income Security Act-governed plans.

  • May 16, 2018

    Ex-State Street VP Loses Bid To Invoke Evidence Treaties

    A federal judge in Massachusetts on Tuesday declined to trigger a foreign treaty to help a former State Street executive access documents and depositions from co-workers and clients he allegedly swindled that could aid his defense against securities fraud charges, but expressed concern that the government can access evidence abroad.

Expert Analysis

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How To Deal With Insurers’ Litigation Management Guidelines

    Daniel Wolf

    Courts around the country have found insurers' litigation management guidelines to be improper and unenforceable when they impair defense counsel's ability to defend a claim. Policyholders receiving such guidelines should respond promptly to their insurers and proceed to litigation if necessary, says Daniel Wolf of Gilbert LLP.

  • Taxing Life Settlements Investment Funds Under The TCJA

    Brian Casey

    Depending on the facts, the Tax Jobs And Cuts Act's new rule requiring a three-year holding period for long-term capital gain taxation of a carried profits interest might not apply to an investment manager's carried interest in a life settlements investment fund, say attorneys with Locke Lord LLP.

  • 9th Circ. Highlights Importance Of Cyber Liability Insurance

    ​​​​​​​Jennifer Senior

    In Aqua Star v. Travelers, the Ninth Circuit affirmed last month that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, reminding insureds to obtain more specialized insurance for the increasingly common threat of social engineering crimes, say Jennifer Senior and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Foiling The Expert Battle In First-Party Property Cases

    Eric Bowers

    Expert witnesses are often crucial to coverage and damages issues in first-party property insurance cases. By using evidentiary rules and case law to challenge the other side's expert opinions, you might just win the war without ever having to engage in a battle of the experts, say Eric Bowers and Victoria Vish of Zelle LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Lessons From 4 Recent Athlete Insurance Lawsuits

    Richard Giller

    This month, former University of Arkansas star running back Rawleigh Williams III sued Lloyd's of London, seeking to recover $1 million under a permanent total disability insurance policy. This is one of several recent cases shining a spotlight on the murky world of specialized athlete policies and the brokers who procure such policies, says Richard Giller of Reed Smith LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.