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Insurance

  • May 23, 2018

    Jamba Juice Operator Wants Coverage For Sex Assault Case

    Jamba Juice operator Whirl Colorado LLC sued insurer Houston Casualty Co. in California federal court on Tuesday over the “offensive” refusal to resolve “very dangerous claims” stemming from a store manager’s sexual assault of one of his workers.

  • May 23, 2018

    Empire Blue Cross Gets Early Win In Suit Over Botox Denial

    Empire Blue Cross Blue Shield slipped an Employee Retirement Income Security Act suit Tuesday claiming it wrongfully refused to cover allegedly experimental Botox treatments for a beneficiary’s gastric disease, according to a New York federal judge’s order finding the denial was proper under the terms of the woman’s health plan.

  • May 23, 2018

    Warren Pumps Can't Get Interest In Asbestos Coverage Battle

    A Delaware state judge on Wednesday declined to award industrial pump manufacturer Warren Pumps LLC prejudgment interest against several excess insurers in a dispute over asbestos injury coverage without a court or jury finding on damages.

  • May 22, 2018

    Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

    Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops.

  • May 22, 2018

    Ex-Allstate Workers Beat Time Bar Challenge In Benefits Row

    A Pennsylvania federal judge tolled the statute of limitations Tuesday for state-law claims brought by former Allstate Insurance Co. employees, denying the insurer a partial early win in a suit alleging they lost retirement benefits when Allstate forced the workers to become contractors or face termination.

  • May 22, 2018

    TRW Auto Challenges Retiree Benefits Award At 6th Circ.

    The U.S. arm of TRW Automotive Holdings Corp. urged the Sixth Circuit on Monday to reject an arbitrator’s award of free health care for life to retirees, arguing that nothing in the automotive company’s collective bargaining agreement with its union staff entitled retirees to that level of benefits.

  • May 22, 2018

    Atty Overbilling Suit Not Covered By Insurance: 10th Circ.

    The Tenth Circuit declined to revive a dispute between a Colorado foreclosure attorney and his insurance company, ruling that the lower court was right to find the company did not have to defend the lawyer from a class action over alleged overbilling.

  • May 22, 2018

    Allstate Takes Kia Trademark Battle To 9th Circ.

    Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.”

  • May 22, 2018

    Express Scripts Beats Investor Suit Over Anthem Disclosures

    Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares.

  • May 22, 2018

    9th Circ. Urged To Keep ACA Birth Control Rules Blocked

    The states of California, Delaware, Maryland, New York and Virginia told the Ninth Circuit on Monday that a California federal judge was right to block Trump administration rules letting employers forgo covering birth control under the Affordable Care Act by claiming moral or religious opposition to its use.

  • May 22, 2018

    Swiss Insurer Counters IRS Use Of Treaty Test In $38.2M Row

    A Swiss insurer fighting for a $38.2 million tax refund under a treaty with the U.S. told the D.C. Circuit on Monday that the IRS is butchering the meaning of the words in a test used to confer treaty benefits.

  • May 22, 2018

    Olin, Insurer Ask Rakoff To Explain Ruling On $130M Award

    Lamorak Insurance Co. and Olin Corp. are haggling over the meaning of a ruling last month that directed the insurer to pay the chemical producer $130 million to cover clean-up costs at contaminated sites, with both parties asking the court what exactly it meant by “final order.”

  • May 22, 2018

    ALI Gives Final OK On Liability Insurance Guidelines

    The American Law Institute on Tuesday approved a final draft of guidelines designed to help courts navigate liability insurance cases, bringing the oft-controversial eight-year-old project to a close.

  • May 22, 2018

    Atty In Pella Window Suit Seeks $1.5M Fees After Deal Hike

    The attorney who represented an objector to a settlement in a class action accusing Pella Corp. of making windows that leak and cause rot asked an Illinois federal court Monday to approve $1.5 million in attorneys' fees for his work on the appeal he claims resulted in a $15 million increase to land the consumers $25.75 million.

  • May 22, 2018

    Swiss Re Weighs Options In Iran Amid US Sanctions Fears

    Reinsurance giant Swiss Re said Tuesday that it is examining its options for future business in Iran following the threat of U.S. sanctions, as European insurers become increasingly wary of carrying on trade with Tehran.

  • May 21, 2018

    Hartford Beats Appeal In $6.5M False-Ad Deal Coverage Fight

    A California appeals court on Monday refused to revive Vogue International LLC’s suit asking Hartford Casualty Insurance Co. to cover a $6.5 million settlement of a proposed class action accusing the hair care company of falsely marketing its Organix products as organic, saying it is bound by a Florida court’s prior ruling in Hartford’s favor.

  • May 21, 2018

    Highmark Fights Cert. In Antitrust Suit Over Insurance Rates

    Highmark Inc. slammed a hotel company’s bid for class certification in an antitrust row over allegations the health insurer conspired with the University of Pittsburgh Medical Center to restrict competition for small-group insurance plans, saying Friday in Pennsylvania federal court the company failed to identify an “ascertainable” class.

  • May 21, 2018

    9th Circ. Revives Office Depot's Coverage Battle With AIG

    The Ninth Circuit on Monday revived Office Depot Inc.'s bid to force an AIG unit to cover its costs in a suit alleging it violated the California False Claims Act by overbilling public agencies, rejecting a lower court's conclusion that claims brought under the CFCA are innately subject to a state law barring insurance for deliberate wrongful conduct.

  • May 21, 2018

    High Court Won't Revive Oil Rig Indemnity Claim

    The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.

  • May 21, 2018

    Icahn Cries Foul On AmTrust's $2.7B Go-Private Deal

    Activist shareholder Carl Icahn hit AmTrust Financial Services Inc. with a suit in Delaware Chancery Court on Monday claiming its proposed $2.7 billion go-private deal undervalues the insurance giant while financially benefiting the family at its helm, saying the record backing the merger price has been manipulated.

Expert Analysis

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • 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.