Insurance

  • February 20, 2018

    High Court Won't Hear Atty's Appeal Of Essay Sanction

    The U.S. Supreme Court on Tuesday declined to hear an attorney's appeal of a sanctions order to write a 5,000-word essay on the consequences of ignoring court orders, and to pay attorneys' fees.

  • February 20, 2018

    4 Takeaways As Trump Admin. Backs Skimpy Health Policies

    The Trump administration's action on Tuesday to allow lengthier sales of skimpy health insurance policies will deal another blow to Affordable Care Act marketplaces, but the impact will depend greatly on whether states play ball. Here are four takeaways on what to watch.

  • February 20, 2018

    Colo. Justices Take Up $3M Insurance Appraisal Battle

    The Colorado Supreme Court on Tuesday agreed to hear Owners Insurance Co.'s challenge of a $3 million appraisal award to a condominium association for hail damage in a case that will address whether insurance appraisers are permitted to favor one party over another.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

  • February 20, 2018

    Justices Refuse Insurer's Costs Case In Junk-Fax Dispute

    The U.S. Supreme Court refused Tuesday to consider a Seventh Circuit decision that federal court was not the place to try to collect a Canadian legal costs award in a long-running dispute between Saskatchewan Mutual Insurance Co. and CE Design Ltd. over junk faxes.

  • February 20, 2018

    7th Circ. Urged To Revive Class Suit Over Background Checks

    A class of people accusing an Indiana-based insurance company of rescinding job offers to applicants after receiving their consumer reports urged the Seventh Circuit to revive their lawsuit Tuesday, saying they should have been able to pursue its adverse action claim even if U.S. Supreme Court precedent killed their claim over procedural error.

  • February 16, 2018

    Driver Exits Suit Over Drug-Fueled Crash Post-Settlement

    The Illinois Supreme Court on Friday affirmed two lower court opinions that allowed an intoxicated driver who caused a car crash that permanently injured a woman to settle with her and exit the suit, against the objections of a company whose truck driver was also involved in the accident.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    Health Care-Focused Blank Check Co. Prices $250M IPO

    Blank check company DFB Healthcare Acquisitions Corp., formed by investment firm Deerfield Management and led by a longtime health insurance CEO, said it raised $250 million in an initial public offering Friday to support the intended acquisition of a health care business.

  • February 16, 2018

    Insurer Says Utah Bank, Finance Co. Can't Duck Award

    Allied World Assurance urged federal courts in Utah and New York on Thursday to confirm an international arbitration award against the Bank of Utah and a finance company valued at $424,392 and argued that the separate cases should not be consolidated.

  • February 16, 2018

    Kindred Investors Seek To Stop Humana's $4.1B Acquisition

    A proposed class of Kindred Healthcare Inc. shareholders filed a memorandum Friday in Delaware federal court supporting their motion to halt the progress of a $4.1 billion acquisition of the company by Humana Inc. and two private equity firms until alleged deficiencies in a proxy statement are cured.

  • February 16, 2018

    Are Insurance Lawyers Ready For The ‘Year Of The Phish’?

    Social engineers who hack humans instead of computers are predicted to make this the “Year of the Phish,” and their evolving scams may well be outpacing your clients’ fraud coverage.

  • February 16, 2018

    Texas Justices Take Up Arbitration Question In Crop Case

    The Texas Supreme Court on Friday agreed to weigh whether Jody James Farms must arbitrate its dispute with insurance agency The Altman Group over an unpaid 2010 crop damage claim, after JJF argued there was no arbitration agreement between the parties.

  • February 16, 2018

    $12B ACA Case Strengthened By Trump Budget, Insurers Say

    Health insurers on Friday told the Federal Circuit that their legal fight for $12 billion in Affordable Care Act funds has been strengthened by a Trump administration budget request that suggests the funds are an obligation of the federal government.

  • February 16, 2018

    Travelers Let Off The Hook In Lease Row Over Roof Damage

    A Colorado judge let Travelers off the hook Friday from having to defend a college from a landlord’s claim that it failed to repair roof damage, saying the dispute was a breach of contract claim not covered by the policy.

  • February 16, 2018

    Honda Sued By Insurer Over Damage From Odyssey Fire

    Metropolitan Property and Casualty Insurance Co. has sued American Honda Motor Co. in New Jersey state court over a policyholder's car and house damage after a Honda Odyssey minivan allegedly burst into flames.

  • February 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    EquiTrust Hit With Suit Over Unauthorized Payout Fees

    EquiTrust Life Insurance Co. was hit with a putative class action in Florida federal court Wednesday by two policyholders who claim the company charges fees that aren't authorized in policy provisions when customers surrender or redeem their life insurance policies.

  • February 15, 2018

    Insurers Cleared To Subpoena Asbestos Claim Info In Ch. 11

    A New York bankruptcy judge has told Rapid-American Corp. it can’t stop the trio of insurance companies it claims failed to cover it from asbestos claims from subpoenaing the company’s claims handlers.

  • February 15, 2018

    Calif. Court Revives Insurance Row Over Bingo Device Fire

    A California appeals court found Wednesday that a lower court wrongly dismissed a bingo device supplier’s suit against its insurer stemming from a London fire started by a battery in a device, saying there is a potential for coverage in the future.

Expert Analysis

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Encouraging Broader Use Of Equal Pay Act At 4th Circ.

    Michael Abcarian

    Given Title VII’s easier burden of proof, it has largely supplanted the Equal Pay Act as the law of choice for litigating gender-based pay discrimination lawsuits. However, the Fourth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration could change this and usher in a new age of pay discrimination lawsuits, says Michael Abcarian of Fisher Phillips.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Key D&O And Professional Liability Trends Of 2017

    Brandon Almond

    Last year saw a variety of important decisions concerning directors and officers and professional liability insurance coverage. One of the most common questions addressed was whether late notice under claims-made-and-reported policies warranted denying coverage, say Brandon Almond and Stacey McGraw of Troutman Sanders LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.