• November 15, 2017

    Dubai Bank Fights 9/11 Victims' Bid For Account Records

    Dubai Islamic Bank has urged a New York federal judge not to make it hand over information from certain accounts with alleged connections to terrorism to victims of the 9/11 terrorist attacks, saying that the requests are either irrelevant to claims against it or had already been waived.

  • November 15, 2017

    Condo Rot Coverage Ruling Unclear, Insurers Say

    Great American Assurance Co. and Greenwich Insurance Co. on Tuesday asked a Washington federal court to reconsider a ruling that left them scratching their heads, as a judge found two policies worth roughly $6.7 million may or may not cover rot in a condo community.

  • November 14, 2017

    Astellas Seeks Coverage Of DOJ Suit Over Alleged Fraud

    The Illinois-based parent company of pharmaceutical business Astellas Pharma US sued three of its insurers in Illinois federal court Monday, seeking coverage under a directors and officers policy of a U.S. Department of Justice investigation into Astellas US Holding Inc. seeking evidence of Medicare fraud through funding charities.

  • November 14, 2017

    Email Scam Caused Covered Loss, Toolmaker Tells 6th Circ.

    A tool manufacturer asked the Sixth Circuit on Tuesday to reverse a lower court ruling and find that Travelers must cover $800,000 it lost when thieves posing as a vendor used fraudulent emails to deceive the company into wiring money to a sham bank account, saying the loss directly resulted from computer fraud as defined by the insurer's policy.

  • November 14, 2017

    Progressive To Settle Medicare FCA Suit For $2M

    Two units of insurance giant Progressive will pay more than $2 million to settle allegations that they pushed car insurance policyholders’ medical claims that they should have paid off on Medicare and Medicaid, in violation of the False Claims Act, the U.S. Department of Justice announced Tuesday.

  • November 14, 2017

    Insurers Needn't Cover Condo Fire, NY Appeals Court Says

    A New York state appeals court found Tuesday that two insurers need not cover a fire at a famous resort-turned-condominium after it was found that the complex’s automatic sprinkler system had not been as extensive or as well-maintained as represented.

  • November 14, 2017

    Sea Tow Looks To Upend Insurer's 2nd Circ. Bad Faith Win

    Sea Tow Services International Inc. Monday asked the Second Circuit to reconsider its rejection of the assertion that a Travelers unit acted in bad faith in its handling of a suit against the company, saying the wording of the panel’s opinion was a de facto acceptance of STSI's argument.

  • November 14, 2017

    Insurer Must Pay $25M Thailand Flood Claim, 6th Circ. Told

    Federal-Mogul Corp. on Tuesday urged the Sixth Circuit to uphold a Michigan federal judge's ruling that its insurance carrier must pay $25 million for the flood-related shutdown of an auto parts plant in Thailand, contending that a flood sublimit in the insurer's policy doesn't apply to the losses resulting from the closure.

  • November 14, 2017

    Levi & Korsinsky Seeks Lead In Insurance Stockholder Suit

    Levi & Korsinsky LLP asked Monday to be lead counsel in one of three stockholder putative class suits alleging a medical insurance sales company failed to disclose that its application for a Florida insurance license was denied due to unrevealed legal actions against company executives. 

  • November 14, 2017

    Senate GOP Includes ACA Mandate Repeal In Tax Plan

    The Senate Finance Committee modified its tax plan late Tuesday to repeal the Affordable Care Act’s individual mandate and sunset a number of individual tax provisions, including the estate tax exemption, to meet a budgetary requirement to not increase the deficit after 10 years.

  • November 14, 2017

    Peruvian Food Co. Camposol Files $345M Dual-Listed IPO

    Latin American seafood and produce exporter Camposol Holding plc on Tuesday filed a $345 million initial public offering that will list on both Peru and U.S. stock exchanges, joining a wave of companies worldwide from the life sciences to insurance industries to file IPOs this week.

  • November 13, 2017

    Texas Justices Won't Hear $9.6M Well-Blowout Coverage Row

    The Texas Supreme Court has refused to take up a petition for rehearing from Drilling Risk Management Inc., leaving in place a lower appellate court's ruling that stripped the drilling contractor of a $9.63 million award after its insurers refused to cover certain costs following two underwater well blowouts.

  • November 13, 2017

    Allstate Cites Brand Harm In 'Drivewise' TM Fight With Kia

    Allstate urged a California federal judge to prohibit Kia from using the name “Drive Wise” for its vehicle safety technology on Monday after a jury found the moniker was likely to cause confusion with the insurer’s own trademarked “Drivewise” data program, citing reputational harm and confused customers.

  • November 13, 2017

    FDIC Can Press WaMu Mortgage Fraud Coverage Suit: Judge

    A Washington federal judge refused Monday to dismiss the Federal Deposit Insurance Corp.'s bid for more than $20 million in excess coverage to defray losses defunct Washington Mutual Bank suffered in a fraud scheme, rejecting insurers' position that the policies don't cover fraudulent mortgages originated before the policy period.

  • November 13, 2017

    9/11 Victims Say Saudi Arabia Can't Nix Terror-Support Claims

    Saudi Arabia can’t dispose of the massive lawsuit claiming it supported al-Qaida as it planned and carried out 9/11, victims of the terrorist attacks told a New York federal judge Thursday, arguing that the country hasn’t adequately challenged the court’s jurisdiction.

  • November 13, 2017

    Troutman Sanders Attys DQ'd From HealthSouth FCA Suit

    A Nevada federal judge on Friday disqualified three Troutman Sanders LLP attorneys representing a doctor in a False Claims Act suit against rehabilitation care provider HealthSouth, ruling that the firm had a conflict of interest because two of its attorneys in another state had agreed to lobby on behalf of the provider.

  • November 13, 2017

    Health Alliance Sues For $21M In ACA Risk Corridor Claims

    Insurer Health Alliance Medical Plans has sued the federal government in the Court of Federal Claims, alleging it has been unlawfully stiffed on more than $21 million in Affordable Care Act “risk corridor” payments it is owed for 2016.

  • November 13, 2017

    Insurers Reach Coverage Deal In Med Mal Conspiracy Case

    Houston Casualty Co. has resolved a dispute with Preferred Professional Insurance Co. over coverage for PPIC's costs to defend and settle underlying claims that it conspired to conceal evidence in a medical malpractice action, according to filings in Nebraska federal court.

  • November 13, 2017

    Pharma Salesman Cops To Defrauding NJ Insurance Programs

    A New Jersey pharmaceutical sales representative on Monday copped to defrauding state health benefits programs and other insurers out of nearly $500,000 by submitting fraudulent claims for medically unnecessary prescriptions as part of a conspiracy, federal and state prosecutors said.

  • November 13, 2017

    10th Circ. Won't Revisit MusclePharm's SEC Probe Coverage

    The Tenth Circuit on Monday declined to rehear a case that found the formal announcement of a U.S. Securities and Exchange Commission investigation didn’t trigger coverage for MusclePharm Corp. under a Liberty Insurance Underwriters Inc. policy, an outcome the sports nutrition company says will widen a circuit split over the “exceptionally important” issue.

Expert Analysis

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • The Mayhem Of Vehicular Autonomy In Accident Litigation

    Ulyana Bekker

    The process of litigating motor vehicle accidents has become fairly streamlined, but the advent of self-driving vehicles is about to change all of that. Lawsuits that traditionally rarely involve more than three parties may be transformed into considerably more complex product liability claims, says Ulyana Bekker of Brown & James PC.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Mixed Enforcement Signals For FHA Mortgage Lenders

    Douglas Baruch

    Two significant events in the last several weeks are forcing Federal Housing Administration mortgage lenders to scratch their heads in assessing the government’s intentions when it comes to pursuing fraud cases under the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Protect Your Insurance Recovery After California Fires

    Michael Levine

    In the aftermath of the Northern California wildfires, property loss estimates have exceeded $3 billion. Policyholders affected by the disaster should take prompt steps to maximize their insurance recoveries, and avoid key mistakes that could jeopardize coverage, say Michael Levine and Lorelie Masters of Hunton & Williams LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • When D&O Insurers Withhold Settlement Consent

    Kevin LaCroix

    An Arizona federal judge in Apollo Education Group v. National Union Fire Insurance validated the insurer’s decision to withhold consent to a securities class action settlement, but this outcome is unlikely to encourage insurers. Most directors and officers insurers understand that their decision to withhold consent will be viewed narrowly by courts, says Kevin LaCroix of RT ProExec.