• June 20, 2017

    ITT Opens $1B Asbestos Coverage Trial Against 25 Insurers

    Manufacturer ITT Corp. delivered opening statements Monday in a California bench trial seeking to put 25 excess insurers on the hook for about $1 billion in asbestos coverage liability, saying coverage is triggered when a claimant first inhales the cancer-causing asbestos fibers.

  • June 20, 2017

    NJ Justices Probe Redaction Order In Horizon Plan Challenge

    The New Jersey Supreme Court on Tuesday pressed counsel for Horizon Healthcare Services Inc. to explain why discovery documents should be partially withheld from hospitals suing the insurer over claims that its Omnia Alliance plan leaves them competitively disadvantaged.

  • June 20, 2017

    D&O Insurer Off The Hook In Capitol Bancorp Suit: 6th Circ.

    A split Sixth Circuit panel found Tuesday that Indian Harbor Insurance does not have to cover former officers of bankrupt Capitol Bancorp from an $18.8 million suit by the liquidation trustee, saying the pre- and post-Chapter 11 bank are the same entity for the purpose of the policy.

  • June 20, 2017

    Texas Ruling Clamps Down On Policyholders' Pretrial Pacts

    After the Texas Supreme Court let an insurance company retry a coverage dispute because an insured's underlying construction defect loss didn't result from a "fully adversarial" trial, policyholders will think twice about striking pretrial deals designed to eliminate their financial stake in litigation, attorneys say.

  • June 20, 2017

    Real Estate Rumors: Cohen Clair, PGIM, Sentinel

    Cohen Clair Lans Greifer Thorpe & Rottenstreich LLP is said to have renewed its lease for space in New York's Lipstick Building, PGIM Real Estate has reportedly bought a Trader Joe's-anchored Florida shopping center for $49.2 million with financing from New York Life, and Sentinel Real Estate is said to have sold a Brooklyn rental building for $33 million.

  • June 20, 2017

    4 Signs A Med Mal Defense Atty Should Switch Sides

    Attorneys defending health care providers and insurance companies against medical malpractice suits usually aren't given a choice of which cases to take and often grapple with insurance companies disputing bills or otherwise second-guessing them, prompting some to consider making the switch to the plaintiffs' side. Here, onetime defense attorneys who successfully took the leap share four signs it was time for a change.

  • June 20, 2017

    Manatt Adds Former Clinton White House Counsel In DC

    Manatt Phelps & Phillips LLP said Tuesday it is bolstering its regulatory and government practice with the addition of a former White House counsel for President Bill Clinton and Arnold & Porter Kaye Scholer LLP veteran who’s worked with technology, financial services, insurance, telecommunications and health care companies.

  • June 20, 2017

    Pa. Justices Ax Fiduciary Duty In Insurance-Advice Dispute

    A life insurance salesperson's advice gave rise to no fiduciary duty for customers who called their own shots, the Pennsylvania Supreme Court ruled Tuesday, overturning an appeals court’s decision favoring customers who said the insurance they bought was a con.

  • June 20, 2017

    Senate OKs Trump Pick For FEMA Director

    The Senate confirmed a key emergency official in President Donald Trump’s administration Tuesday, approving his nominee to lead the Federal Emergency Management Agency.

  • June 19, 2017

    Ill. Court Rebuffs Employer's Appeal Of Worker's $22M Award

    An Illinois appellate court on Friday dismissed for the second time a dispute over an employer's liability cap stemming from a $22 million judgment awarded to a carpenter who became disabled from his injuries on the job preparing for a 2007 trade show.

  • June 19, 2017

    Justice Sotomayor On Working A Room And The Post-Scalia Void

    Justice Sonia Sotomayor discusses the one thing she hates seeing at oral arguments, why diversity matters on the federal bench, and her habit of embracing audience members at live talks, in the first of two articles based on an exclusive interview with the 111th justice.

  • June 19, 2017

    Robbins Geller To Lead Proposed Amtrust Stock-Drop Class

    Pension funds represented by Robbins Geller Rudman & Dowd LLP will lead the investors bringing three proposed stock-drop class actions against insurance firm Amtrust Financial Services Inc. that were consolidated in New York federal court Monday.

  • June 19, 2017

    9th Circ. Revives DirecTV's $20M Flood Coverage Bid

    The Ninth Circuit on Monday reversed a decision that Factory Mutual Insurance Co. need not cover DirecTV for a $20 million claim over flood damage at a Thai hard-drive factory, remanding the issue for trial and saying DirecTV’s definition of “direct supplier” is reasonable.

  • June 19, 2017

    NJ Doc Not Covered By Insurance In Med Mal Row, Court Says

    The New Jersey Appellate Division on Monday affirmed that a gynecologist and his practice weren’t covered under a hospital’s medical malpractice insurance policies because they weren’t technically employees of the hospital, delivering a published opinion clarifying that specific insurance policy terms supercede common law definitions.

  • June 19, 2017

    11th Circ. Gives Geico Clean Slate For Bad-Faith Damages

    Damages in a widow's bad-faith suit against Geico General Insurance Co. can’t be tied to the damages in an underlying breach of contract suit because the insurer didn’t get to properly appeal the verdict, the Eleventh Circuit said Thursday.

  • June 19, 2017

    Ex-Insys Exec Cops To Opioid Fraud Scheme

    A former manager at Insys Therapeutics on Monday admitted that she helped lead the drugmaker’s nationwide scheme to defraud insurance companies by making them pay for expensive painkillers.

  • June 19, 2017

    Broker Trims Tropical Smoothie's Suit Over Insurance Woes

    A Georgia federal judge on Friday dismissed selected claims from a suit claiming an insurance broker misrepresented key facts and caused coverage to later be jeopardized in a contaminated-food suit against a smoothie shop policyholder, saying that, among other things, the brokering contract was vague.

  • June 16, 2017

    AIG Unit Doesn't Owe $5M For Investor Deal, 9th Circ. Told

    An AIG affiliate told the Ninth Circuit on Friday that a lower court wrongly ordered it to cover $5 million of a settlement over a software company’s alleged stock inflation amid a patent infringement suit, saying it wasn’t on the hook as a secondary insurer because the primary insurer knew of the litigation risks before it signed on.

  • June 16, 2017

    CoPilot Pays $130K To End NY Probe Into Patient Data Breach

    A company that provides insurance support services to the health industry has agreed to pay $130,000 in penalties and revamp its breach notification procedures to resolve the New York attorney general's claims that it broke the law by waiting more than a year to report a data breach that exposed over 220,000 patient records, the regulator said Thursday. 

  • June 16, 2017

    Hall Booth Grows Med Mal Practice With New Fla. Office

    Atlanta-headquartered Hall Booth Smith PC said it has opened an office in Jacksonville, Florida, with plans for the new location to contribute to the southeastern U.S. law firm's expansion of its medical malpractice group.

Expert Analysis

  • R&W Insurance: An Effective Treatment In Health Care Deals

    Thomas Zahn

    In the last 18 months, there have been significant strides in the availability and terms of representation and warranty insurance in health care deals. Parties now have access to a cheaper and effective treatment for the diagnoses that can plague such transactions, say attorneys with McGuireWoods LLP.

  • How Hamilton Meats Has Shaped Calif. Economic Damages

    Robert Tyson Jr.

    Since the California Supreme Court's 2011 ruling in Howell v. Hamilton Meats, the case has significantly shaped the litigation landscape, including many high-profile opinions and jury verdicts in its aftermath. It also has significant implications for the Affordable Care Act and plaintiffs’ litigation strategy, says Robert Tyson Jr. of Tyson & Mendes LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Breaking Down Calif.'s Ever-Changing 'Right To Repair'

    Jason Feld

    Fifteen years after California's "Right to Repair Act" was passed, the right is now being challenged with two competing lines of authority, both of which are valid California law. Hopefully, the issue will be definitively answered soon, now that the California Supreme Court has accepted McMillan v. Superior Court for hearing, says Jason Feld of Kahana & Feld PC.

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

  • Looking At The Limitations Of The Delay Exclusion

    Hilary Henkind

    Read literally, the delay exclusion contained by many commercial property policies would preclude coverage for any loss of revenue incurred, even if the delay is a direct result of a covered cause of loss. However, case precedent shows that it is necessary to reconcile the delay exclusion with the business income or extra expense coverage grant, says Hilary Henkind of Mound Cotton Wollan & Greengrass.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Even Surplus Lines Laws Are Bigger And Better In Texas

    Victoria Vish

    Texas House Bill 2492, if signed by Gov. Greg Abbott, will allow surplus lines insurers domiciled in Texas to conduct business in the state, potentially increasing state revenue and creating more job and economic opportunities, says Victoria Vish of Zelle LLP.