• September 14, 2017

    Quarles & Brady Beats Lender's Malpractice Suit Over Loans

    Quarles & Brady LLP prevailed Wednesday against allegations in California federal court that a partner in the firm intentionally withheld crucial information from opinion letters about a crop insurance agency’s ability to repay multimillion-dollar loans.

  • September 14, 2017

    Houston Shopping Center Landlord Wins Insurance Suit

    A Texas federal judge on Wednesday ordered a quick win for a Houston shopping center landlord that sued an insurance company after it refused to honor the landlord’s claim for liability coverage in an underlying suit accusing the landlord of failing to complete commercial lease negotiations with a new restaurant business on time.

  • September 14, 2017

    Firm Tells 5th Circ. Coverage Is Owed For Malpractice Suits

    Law firm Shelton & Associates on Wednesday asked the Fifth Circuit to reverse a pair of lower court decisions denying insurance coverage for two different legal malpractice suits, saying the district court misinterpreted the policy’s prior knowledge exclusion.

  • September 14, 2017

    AIG Challenges Evidence Exclusion Bid In $306M IRS Fight

    AIG on Wednesday slammed the U.S. government's bid to exclude from trial evidence of certain deals the financial giant had with foreign banks, telling a Manhattan federal court that the transactions are materially identical to the ones at issue, which underlie its $306 million fight with the IRS. 

  • September 14, 2017

    House Spending Bills Target NLRB, ACA Rules

    A pair of House spending bills that passed Thursday would cut funding for a series of National Labor Relations Board rules as well as implementation of the Affordable Care Act at the U.S. Department of Health and Human Services as the Republican-controlled House looks to put its stamp on next year’s federal spending.

  • September 14, 2017

    Lloyd's Underwriters Say Lamp Co. Can't Force Arbitration

    Underwriters at Lloyd's of London on Wednesday asked a New York federal court not to force arbitration of its $10 million insurance dispute with lighting manufacturer Cree Inc., arguing that under the terms of its coverage the row must be settled in court.

  • September 13, 2017

    Dish Can't Secure TCPA Coverage, Insurer Tells 10th Circ.

    A Chubb Ltd. unit on Wednesday asked the Tenth Circuit to uphold a Colorado federal judge's decision that it doesn't have to cover Dish Network LLC's costs to defend litigation over alleged violations of the Telephone Consumer Protection Act and other statutes, arguing the underlying action sought only penalties that are uninsurable.

  • September 13, 2017

    Ind. Court Won't Disturb Damages Ruling In Med Mal Case

    The parents of a man who died due to allegedly negligent emergency room treatment can’t get additional damages from Indiana’s Patient Compensation Fund, a state appeals court ruled Wednesday, saying evidence presented by the fund regarding the patient’s life expectancy was properly allowed.

  • September 13, 2017

    Caesars Wins OK Of $126M Management Liability Settlement

    Caesars Entertainment Operating Co. received the green light from an Illinois bankruptcy court on Wednesday for a $126 million settlement with its insurers to cover directors and executives in its fraudulent transfer suit against its own parent corporation, bringing the coverage dispute to an end.

  • September 13, 2017

    Senate GOP Starts Latest Health Care Reform Push

    A group of Senate Republicans unveiled their latest effort to jump-start repeal and replacement of the Affordable Care Act on Wednesday, introducing a plan to restructure health care subsidies around state-level block grants.

  • September 13, 2017

    UnitedHealth Blasts Dialysis Co.'s Bid To Toss Fraud Suit

    UnitedHealthcare ripped a dialysis company's bid to toss the insurer's fraud suit for lack of jurisdiction, telling a Florida federal judge on Tuesday that the company's mention of UnitedHealthcare's withdrawal from the Florida and Ohio exchange markets is a red herring.

  • September 13, 2017

    5th Circ. Affirms Toss Of FCA Suit Against AndroGel Maker

    The Fifth Circuit on Tuesday affirmed a lower court’s decision to toss allegations that Solvay Pharmaceuticals Inc. caused health care providers to wrongfully bill the government for three of its drugs in violation of the False Claims Act, saying the relators didn’t offer sufficient evidence to back their claims.

  • September 13, 2017

    Insurers Don’t Owe Coverage For $2.4M Fidelity Settlements

    A Pennsylvania federal judge on Tuesday let a pair of insurers off the hook for $2.4 million in settlements their insureds made with Fidelity National Title Insurance Co., saying there was not enough evidence of negligence to trigger coverage.

  • September 13, 2017

    Lloyd's Demands US Reforms After Devastating Hurricanes

    U.S. Congress must allow private insurers to play a greater role in flood coverage following the devastation wrought by hurricanes Harvey and Irma, according to Lloyd's of London.

  • September 12, 2017

    Calif. Ruling Fortifies Insureds In Building Damage Battles

    A California appeals court last week rejected an insurer's argument that two defective workmanship exclusions broadly bar coverage for any damage to a subcontractor's project while work is in progress, instead bolstering policyholders locked in disputes over construction site damage by placing strict boundaries around the exclusions.

  • September 12, 2017

    Insurer Can't Ditch $5M Chuck E. Cheese Coverage Dispute

    A Texas federal judge on Tuesday denied Travelers’ bid to bring a quick end to a coverage dispute with Chuck E. Cheese owner CEC Entertainment Inc. over $4.9 million in defense costs for shareholder litigation stemming from the chain’s merger price.

  • September 12, 2017

    Senators Inch Toward ACA Deal As New Repeal Bid Looms

    Republican and Democratic senators on Tuesday sought common ground on an Affordable Care Act stabilization deal, but their efforts were clouded by stubborn areas of disagreement and the emergence of a last-ditch GOP repeal effort.

  • September 12, 2017

    Lincoln National Must Face Class Action Over COI Increases

    A Pennsylvania federal judge on Monday found a group of Lincoln National Corp. life insurance policyholders have stated a case for breach of contract in their class action against the company for cost of insurance rate increases, although he trimmed a few of their state law claims.

  • September 12, 2017

    Food Processor Asks 5th Circ. To Revive $1M Coverage Suit

    A Louisiana restaurant management company and a food manufacturer asked the Fifth Circuit on Monday to revive their suit seeking about $1 million in coverage from an insurer in connection with an ammonia leak, saying that letting the adverse ruling stand would irreparably harm Louisiana insurance law.

  • September 12, 2017

    Indicted Insys Execs Face October 2018 Trial

    A Massachusetts federal judge on Tuesday set an Oct. 15, 2018, trial date for six former Insys Therapeutics Inc. executives and managers accused of bribing doctors to prescribe a spray version of the opioid fentanyl intended to treat cancer pain, often to patients without cancer.

Expert Analysis

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Why The Estoppel Rule For Duty-To-Defend Breaches Is Fair

    Stanley Nardoni

    Many commentators have criticized the fairness of the rule some states employ, holding an insurer that breaches its duty to defend a suit estopped from disputing coverage for any judgment or settlement reached in the action. However, the impact of seeking declaratory relief and the rule’s availability to insurers should not be forgotten when the rule’s merits are debated, says Stanley Nardoni of Reed Smith LLP.

  • 5 Key Insurance Tips In The Wake Of Hurricane Harvey

    Roberta Anderson

    While the human toll of Hurricane Harvey is and will remain incalculable, insurance can play a vital role in helping businesses and individuals recover financially from the storm. Impacted businesses should pay careful and proactive attention to insurance coverage considerations in order to restore business operations and recoup losses, says Roberta Anderson of Cohen & Grigsby PC.

  • Congressional Forecast: September

    Richard Hertling

    With apologies to T.S. Eliot, September is looking to be the cruelest month. This work period will be a critical test for the president and Republican majority in Congress, as members return to face a daunting workload of time-sensitive legislation and only three weeks to get it all done, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Hurricane Harvey And Concurrent Causation In Louisiana

     Jennifer Gibbs

    As bands of heavy rain from Hurricane Harvey move toward southwest Louisiana, damage from wind, rain and flooding is likely to affect the already storm-weary Pelican State. Insureds will probably seek coverage for various types of damage, but when the same damage is arguably caused by both flood and wind or wind-driven rain, coverage depends on the particular facts and policy language, says Jennifer Gibbs of Zelle LLP.

  • Insurers May Be Stuck Between Rock And A Hard Place: Part 2

    Robert Helfand

    In National Fair Housing Alliance v. Travelers, a D.C. federal court ruled that insurers can be held liable under the Fair Housing Act for the disparate impact of someone else's conduct. For the moment, it appears that insurers must try to adhere to two incompatible visions of how to address inequality, says Robert Helfand of Pullman & Comley LLC in the final part of this article.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Insurers May Be Stuck Between Rock And A Hard Place: Part 1

    Robert Helfand

    Last week in National Fair Housing Alliance v. Travelers, a district court in Washington, D.C., ruled that insurers may be sued for disparate impact, and that they may be liable under the Fair Housing Act for the disparate impact of someone else's conduct. This decision threatens to put insurers in the middle of a crossfire with state regulators, says Robert Helfand of Pullman & Comey LLC.

  • CareFirst And Constitutional Standing: A Post-Spokeo Review

    Cinthia Granados Motley

    When it comes to the issue of Article III standing in data breach cases, the D.C. Circuit’s recent decision in Attias v. CareFirst demonstrates the analysis many appellate courts now seem to be applying, say attorneys with Sedgwick LLP.

  • Investing In Urgent Care: Trends And Developments To Watch

    Bart Walker

    With the rise of narrow networks and increasing deductibles for health insurance plans, patients are paying more attention to the costs of specific providers and models of care, while insurers and plan sponsors continue looking for ways to drive patient volumes to lower-acuity and lower-cost settings. Urgent care providers have been a direct beneficiary of this shift, say attorneys with McGuireWoods LLP.