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Insurance

  • August 13, 2018

    AIG Unit Needn't Defend Co. In Fire-Resistant Wood Dispute

    An AIG insurer doesn’t have to defend or indemnify a Chicago-area lumber retailer in three lawsuits alleging it sold a building contractor fire-resistant wood that didn’t comply with industry standards, because none of the underlying actions allege the retailer engaged in potentially covered accidental conduct, an Illinois federal judge ruled Friday.

  • August 13, 2018

    Insurer Off Hook In Contractor's Rain Damage Suit

    A Washington federal judge on Monday threw out a construction company’s lawsuit alleging that its insurer should have covered water damage at a condominium property during a roof replacement, saying the claims are barred by an exclusion in the insurance policy regarding damage that arises during an ongoing project.

  • August 13, 2018

    Bain Capital Eyes Potential £1.17B Takeover Of UK Insurer

    Esure Group PLC has received unsolicited takeover interest from Bain Capital Private Equity LP, with a potential proposal that would value the U.K.-based insurance company at 280 pence per share, or roughly £1.17 billion ($1.5 billion) in total, according to a Monday statement from Esure.

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    Insurer Must Face Clergy Sex Abuse Claims Coverage Suit

    A Minnesota federal judge on Friday ruled that the Catholic Mutual Relief Society of America can proceed with its lawsuit seeking to force Arrowood Indemnity Co. to pick up part of the tab for a slew of clergy sex abuse claims against the Diocese of St. Cloud, finding that the Catholic insurance group has standing to sue its fellow insurer.

  • August 13, 2018

    Warner Media Wants Out Of Benefits Suit Over HIV/AIDS Meds

    Warner Media LLC urged a California federal judge to toss a suit over a program that requires HIV/AIDS patients to get their specialty medication only at a CVS pharmacy or by mail order, arguing that the patients couldn’t sue for a benefit — the choice of pharmacy — that was not provided in the company's health plan.

  • August 13, 2018

    State Farm Sues Amazon Over Exploding Vape Battery

    Insurer State Farm has sued Amazon and another company allegedly responsible for making a vape battery that caused a $400,000 fire in the house of one of its policyholders, according to a lawsuit removed to California federal court on Friday.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Insurers Ask 1st Circ. To Affirm UBS' $20M Coverage Loss

    A trio of insurers urged the First Circuit on Friday to uphold a judgment that UBS AG units can’t tap $20 million in coverage for costs associated with claims that investors lost billions of dollars because UBS manipulated Puerto Rico's municipal debt bond market, saying the bank has impermissibly raised new arguments on appeal.

  • August 10, 2018

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

    The last week has seen the Financial Conduct Authority take on a financial consulting firm, engineering company Doosan Babcock sue insurer Acasta, and a new action from private equity-linked firms that have already brought multiple actions worldwide after KPN Group acquired a Thai wind energy company. Here, Law360 looks at those and other new claims in the U.K.

  • August 10, 2018

    J&J Can't Ax Pfizer Antitrust Suit Over Remicade Biosimilar

    Pfizer Inc. has credibly shown that Johnson & Johnson may have flouted antitrust laws by coercing health insurers into not covering biosimilar versions of biologic Remicade, a Pennsylvania federal judge said in a ruling released Friday.

  • August 10, 2018

    Health Plans Must Face Suit Over Denying Wilderness Therapy

    Regence BlueShield and Cambia Health Solutions Inc. can't dodge a proposed class action accusing them of improperly denying health insurance claims for wilderness therapy, an immersive form of therapy used to treat emotional, mental and behavioral issues in young people, a Washington federal judge decided Thursday.

  • August 10, 2018

    Insurer Won't Cover Bias Suit Over Employee's Breast Cancer

    Allied World Specialty Insurance Co. sued rent-to-own chain Aaron’s Sale & Lease in Illinois federal court Friday, saying a former employee’s discrimination suit over a breast cancer-related disability cannot be covered because the notice came too late.

  • August 10, 2018

    Insurer Breached Defense Duty In Defect Suit, NY Judge Says

    American Western Home Insurance Co. breached its duty to defend a carpentry subcontractor on a New York apartment complex in a construction defect action, so it must pick up the tab for half the costs another insurance company incurred defending and settling the suit on the subcontractor's behalf, a federal judge has ruled.

  • August 10, 2018

    Insurer Sues To Block $10M-Plus CSX Faulty Concrete Claims

    Phoenix Insurance Co. launched a federal lawsuit Friday in a bid to shield itself from a more than $10 million claim for allegedly faulty concrete at CSXI’s intermodal rail complex in Worcester, Massachusetts, saying its policy with a contractor involved carries exclusions for some damage or repairs.

  • August 10, 2018

    Health Co. Says Insurer Owes Coverage For Benefits Dispute

    A health management solutions company accused Atlantic Specialty Insurance Co. in Iowa federal court Friday of wrongly denying coverage for costs incurred from an Employee Retirement Income Security Act suit over a purchase by the company's employee stock ownership plan.

  • August 10, 2018

    DC Metro Contractor Sues Insurer, Bond Co. For $2.1M

    A subcontractor on a Washington, D.C., metro improvement project slapped a contract bond provider and an insurance company with a suit in Illinois federal court on Thursday, alleging it’s owed $2.1 million under a payment bond after a bankruptcy court ordered it to give the money back.

  • August 9, 2018

    UnitedHealthcare Beneficiaries Seek Cert. In Coverage Suit

    A proposed class of beneficiaries accusing UnitedHealth Group Inc. and two subsidiaries of having a policy that improperly denied claims for prosthetic devices in violation of federal benefits law asked a California federal judge to certify a class of nearly 1,900 members, arguing that they fulfilled the statutory requirements.

  • August 9, 2018

    Condo Co. Not Owed Defense In IP Suit, 11th Circ. Affirms

    The Eleventh Circuit on Thursday ruled that Aspen Specialty Insurance Co. does not have to cover a Florida condominium group’s costs to defend a trademark infringement lawsuit filed by the owner of an Alaska hotel, agreeing with a lower court that a policy exclusion for intellectual property claims bars coverage.

Expert Analysis

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Jobs Act 3.0 May End Dodd-Frank Repeal Efforts

    Lai King Lam

    If Jobs Act 3.0 is signed into law, it will reflect the GOP’s pivot away from the wholesale repeal of Dodd-Frank and its embrace of a piecemeal strategy to chip away at the 2010 law. Though capital formation is the headliner of Jobs Act 3.0, this bill does contain a few Dodd-Frank reform measures that have been overlooked in most news coverage but are worth highlighting, says Lai King Lam of McGuireWoods Consulting LLC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Liability Insurance Policies May Cover PAGA Lawsuits

    Shaun Crosner

    Although some employment practices liability and directors and officers liability insurers might not acknowledge it readily, California employers may be entitled to broad coverage for Private Attorneys General Act lawsuits — including a defense and indemnity for PAGA settlements and judgments, says Shaun Crosner of Pasich LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Crypto Economy Presents Novel Challenges For Insurers

    Thomas Caswell

    In cryptocurrency insurance, volatility disproportionately affects every stage of an insurance policy's life cycle from underwriting to adjustment of losses. This creates real challenges — especially when it comes to valuing losses, say Thomas Caswell and Dennis Anderson of Zelle LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.