• December 13, 2017

    No Coverage For Ex-CEO Of Pot Grower, Insurer Says

    Landmark American Insurance Co. asked an Illinois federal judge Wednesday to absolve it of any responsibility to defend a medical marijuana grower’s ex-CEO in a $5 million dispute between him and the enterprise, saying some of the counterclaims in the underlying matter are excluded from coverage.

  • December 13, 2017

    5th Circ. Affirms $1M Award In Contractor's Coverage Dispute

    Oklahoma Surety Co. is still on the hook for roughly $1 million in damages for denying coverage to a general contractor over a shoddy workmanship suit after the Fifth Circuit on Tuesday affirmed a lower court’s ruling that found the insurer had breached its duty to defend.

  • December 13, 2017

    Dentons Adds Ex-Mayer Brown Partners To DC Team

    Dentons has announced the addition of a pair of former Mayer Brown LLP partners to the litigation and dispute resolution teams at its Washington, D.C., office, where they will focus on insurance and financial litigation issues.

  • December 13, 2017

    Travelers Tells 6th Circ. To Uphold Email Scam Coverage Win

    Bolstered by a filing from an insurance industry trade group, Travelers urged the Sixth Circuit on Tuesday to uphold a lower court's ruling that a tool manufacturer's computer fraud policy doesn't cover $800,000 it lost when thieves posing as a vendor used fraudulent emails to deceive it into wiring money to a sham bank account.

  • December 13, 2017

    MVP: McKool Smith's Adam Ziffer

    McKool Smith PC principal Adam Ziffer has notched wins for multiple clients this year in cases involving novel insurance issues, including securing $50 million in class action coverage for retirement services giant TIAA, landing him a spot among Law360's 2017 Insurance MVPs.

  • December 12, 2017

    Jury To Decide If MD In Fraud Trial Is Insane Or Criminal

    Federal prosecutors delivered closing arguments Tuesday in the criminal trial of a doctor accused of billing insurers for never-provided services and laundering money with her surgeon boyfriend, telling California jurors the suspect ran a demanding practice and cannot credibly claim that a mental defect caused her actions.

  • December 12, 2017

    Insurer Refuses To Cover Ill. Town In Red-Light Camera Suit

    Georgia-based Catlin Indemnity Co. sued the Village of Crestwood in Illinois federal court Monday, saying it shouldn't have to cover the town in an underlying suit over the alleged illegal use of one red-light camera because the suit falls under a law enforcement exclusion in the policy.

  • December 12, 2017

    State AGs Fight To Block Trump's Birth Control Rules

    Five state attorneys general urged a California federal judge at a hearing Tuesday to block the Trump administration’s proposed rules limiting access to birth control, arguing the rules violate the Affordable Care Act and will allow employers to unconstitutionally deny millions of women coverage for contraceptives by invoking religious beliefs.

  • December 12, 2017

    Kennedys Boosts Practice With 5 Mayer Brown Hires

    Global insurance law giant Kennedys said it has given its European practice a shot in the arm by hiring away five insurance specialists from Mayer Brown LLP who will join Kennedys’ offices in the U.K. and Ireland.

  • December 12, 2017

    Calif. Surrogacy Agency Not Covered For Negligence Suit

    Admiral Insurance Co. need not defend a surrogacy agency in a negligence suit brought by former clients whose surrogate-born daughter developed a rare form of eye cancer, as the agency failed to disclose the claim on its policy application, according to a California appellate opinion filed Tuesday.

  • December 12, 2017

    Squire Patton Adds Ex-Polsinelli Trial Attys In Phoenix

    Squire Patton Boggs LLP announced on Tuesday it has expanded the litigation team at its Phoenix office with the addition of two trial lawyers from Polsinelli PC with extensive experience successfully litigating complex product liability, commercial, insurance and personal injury matters.

  • December 12, 2017

    GOP Introduces 5 Bills To Delay Affordable Care Act Taxes

    House Republicans introduced five bills on Tuesday aimed at undercutting the employer mandate and taxes imposed under the Affordable Care Act, looking to reduce the tax burden stemming from the health care law in 2018.

  • December 12, 2017

    Appeals Court Says Insurer Can Settle Without Doc's Consent

    A Massachusetts state appellate court declined on Tuesday to revive a doctor’s claims against the insurance company she accused of settling an underlying medical malpractice suit for $3.75 million without her consent.

  • December 12, 2017

    Crop Insurer Pushes DC Circ. To Revive Premium Dispute

    The Federal Crop Insurance Corp. cannot duck crop insurers’ lawsuit alleging it reneged on promises made during the negotiation of a 2011 premium rate agreement, one insurer on Tuesday told a D.C. Circuit panel reviewing a decision limiting the challenge to an administrative court.

  • December 12, 2017

    Actavis Asks Calif. Justices To Revive Opioid Coverage Bid

    Actavis asked California's high court late Monday to resurrect its effort to obtain coverage from Travelers for lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and caused a spike in heroin use, saying an appellate court's decision favoring the insurer bucked decades of precedent.

  • December 12, 2017

    Insurer Balks At Coverage In Suit Over Patient Found Dead

    An Illinois-based insurance company asked an Arkansas federal court on Monday to declare that it has no duty to defend a mental health care provider in an underlying suit seeking to hold the provider liable for allegedly allowing a resident who was later found dead to wander off, saying that the center’s leader failed to cooperate with attorneys during the case.

  • December 12, 2017

    The Top 10 Trademark Rulings Of 2017

    From Cheerios box trade dress to generic “googling” to a blockbuster U.S. Supreme Court decision, 2017 was another bumper year for major rulings in trademark law. Here are the 10 you need to remember.

  • December 12, 2017

    Towing Service Says Insurer's Fraud Claims Are Lies

    A Pennsylvania towing and environmental services firm has sued IAT Insurance Co. in state court in a dispute over a claim from an oil-spill cleanup, alleging that the insurer made defamatory statements when it suggested in an email that the company engaged in fraud.

  • December 12, 2017

    7th Circ. Absolves Insurer Of Accident Coverage

    The Seventh Circuit on Monday said a construction company’s insurer doesn’t owe a defense against allegations that a company truck hit and injured a woman because the driver didn’t report the accident to the insurer in a timely manner.

  • December 11, 2017

    Dueling Experts Tee Up Closing Arguments In MDs’ Fraud Trial

    Opposing experts testified Monday about the mental health of a doctor claiming she was legally insane at the time she and her surgeon boyfriend allegedly committed health care fraud and money laundering as the California federal trial wound down, setting the stage for closing arguments to begin Tuesday.

Expert Analysis

  • What To Make Of CVS-Aetna And Other Megadeals

    Randy Gordon

    Under one view, large-scale mergers like the one proposed between CVS and Aetna are fine so long as they don’t restrict consumer choices and stifle innovation. But from another view, “bigness” can be an evil in its own right, says Randy Gordon of Crowe & Dunlevy PC.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Liability Insurance May Cover Intentional Acts In Penn.

    Timothy Law

    Under Pennsylvania law, liability policies can cover both deliberate conduct and intentional acts if the damage itself is unintended and not substantially certain to result from the deliberate and intentional conduct, as reaffirmed in the Pennsylvania Superior Court's recent ruling in Erie v. Moore, say Timothy Law and Brian Himmel of Reed Smith LLP.

  • D&O Insurance Coverage Tips For Financial Institutions

    Robert Long

    Directors and officers insurance coverage terms can be particularly important for executives in the heavily regulated financial services industry. Fortunately, in the midst of a very competitive insurance market, new and broader coverage features have appeared, say Robert Long and Nanci Weissgold of Alston & Bird LLP.

  • Can Labor Be Depreciated In Actual Cash Value Calculations?

    Jordan, Tracey - resized.jpg

    Depreciation of labor continues to be a hot-topic, divisive issue in actual cash value calculations. Based upon the lack of consensus and recent glut of litigation on the topic, insurance companies should be aware of the law in the jurisdiction in which they are calculating losses to avoid adjustment pitfalls, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.