• May 23, 2017

    NY, Calif. AGs Blast Bid To Keep Delaying ACA Subsidy Suit

    The attorneys general of California and New York on Monday slammed the U.S. House and the Trump administration’s joint request to continue delaying D.C. Circuit proceedings regarding the House’s challenge of Affordable Care Act subsidies, saying that such a move further destabilizes the health insurance market.

  • May 23, 2017

    Insurer Says College Football Concussion MDL Not Covered

    Great American Assurance Co. asked a Texas court Monday to rule that the company doesn’t have to defend a National Collegiate Athletic Association conference against football concussion multidistrict litigation, saying the policy doesn’t cover football and that concussions are an “expected” injury on the gridiron.

  • May 23, 2017

    Broker Not Negligent In Copper Loss Dispute, 6th Circ. Says

    A trucking company that suffered a theft of copper shipments can't hold insurance broker Cottingham & Butler Insurance Services liable for negligently failing to notify the company that its new policy contained a copper exclusion, the Sixth Circuit affirmed on Tuesday, finding the broker had provided sufficient notice of the change.

  • May 23, 2017

    HealthMarkets Escapes FCA Suit Over 'Junk' Insurance

    A Florida federal judge on Monday tossed a False Claims Act suit over alleged “junk” supplemental insurance sold by HealthMarkets Inc. after the federal government declined to intervene and the relator dropped the suit.

  • May 23, 2017

    Insurer Needn't Cover Clerk In Fake TV Probe Suit, Court Says

    Arbella Insurance Group doesn't have to cover a city of Newton police clerk's costs to defend a lawsuit alleging he secretly photographed the then-police chief's secretary as part of a ruse to get her to accept extra work by making her believe she was the subject of a TV news investigation, a Massachusetts appeals court affirmed Tuesday.

  • May 23, 2017

    Insurer Says Bribe Case Erases Defense Duty To Racetrack

    Illinois Northern RSUI Indemnity Co. argued Monday it is not required to defend an Illinois racetrack operator against a $21 million suit alleging fraudulent money transfers, saying it falls under a policy exclusion for cases related to its bribery of former Gov. Rod Blagojevich.

  • May 23, 2017

    PE Shop Taps China Life For $950M Net Lease Portfolio Recap

    Private equity real estate firm ElmTree Funds LLC said it would enter into a $950 million recapitalization agreement with China Life Insurance Group on Tuesday, meaning the companies will share a portfolio of properties under lease in the U.S.

  • May 23, 2017

    Insurer Says It Needn't Cover Farm Co. In Wasp Breeder's Suit

    Colony Insurance Co. asked a California federal court on Monday to let it off the hook in defending a farming company from a $455,000 negligence suit for allegedly supplying pesticide-laden banana squash to a predatory wasp breeder that decimated its wasp population.

  • May 23, 2017

    Genworth Investors Say Lead Plaintiff Rival Has Conflict

    Genworth Financial Inc. investors told a Virginia federal court Monday that Scott + Scott LLP and Johnson & Weaver LLP should not be named lead counsel in their case challenging the insurer’s $2.7 billion sale, saying the firms' client has an incurable conflict of interest from prosecuting two related actions in Delaware court.

  • May 23, 2017

    Why Insurance Law Firms Are Banding Together

    Law firms serving the insurance industry have created two separate global associations so far in 2017, and the sector also saw a major cross-border law firm merger as insurance lawyers scramble to win profitable work amid a rapidly consolidating client-base.

  • May 22, 2017

    Ill. Appeals Court OKs Medical Marijuana For Post-Op Pain

    An Illinois appeals court on Monday affirmed a trial court’s finding that the director of the state’s Department of Public Health broke the department’s own rules when he unilaterally denied an unnamed man’s petition to add chronic postoperative pain to the list of diseases the state’s medical marijuana law covers.

  • May 22, 2017

    Insurers Angle For Win In Fiserv Coverage Battle

    A Sompo Holdings unit and XL Specialty Insurance Co. on Monday urged a Wisconsin federal court to find that they have no obligation to cover Fiserv Solutions Inc.'s claims for costs tied to a $530 million Bank of America NA title insurance suit, saying the court previously failed to take into account recent Wisconsin Supreme Court precedent.

  • May 22, 2017

    Insurer Wants To See Settlement Deal In $5.2M Med Mal Suit

    American Physicians Assurance Corp. on Monday asked an Illinois federal court to force a surgical center suing the insurer for negligence to turn over a settlement it reached with Lowis & Gellen LLP after APAC and the law firm’s actions allegedly led to a $5.2 million medical malpractice verdict against the center.

  • May 22, 2017

    AIG Needn't Defend Carfax In $50M Antitrust Suit

    A New York judge has found an AIG unit does not have to defend Carfax against a $50 million suit alleging the company monopolized the vehicle history report market, saying references to defamation in the suit cannot get Carfax out from under an antitrust exclusion.

  • May 22, 2017

    Windshield-Repair Shops Seek Cert. In Geico Suit

    Windshield-repair shops suing Geico General Insurance Co. over its alleged imposition of an illegal deductible on Florida policyholders through reimbursement-price suppression asked a federal judge on Friday for class certification, saying they've met all the requirements.

  • May 22, 2017

    Mich. Doctor Gets 19 Years For Fraudulent Opioid Scripts

    A Michigan doctor has been sentenced to 19 years in prison after being convicted for his role in a practice that wrote fraudulent prescriptions for opioids and falsely billed Medicare.

  • May 22, 2017

    Plaintiffs Bar Perspective: McKool Smith's Ashley Moore

    I’ve seen seasoned lawyers in the courtroom who failed to listen effectively, which alienates the jury, destroys what could have been a devastating cross-examination, and sometimes frustrates judges who simply want their question answered, says Ashley Moore, principal at McKool Smith PC.

  • May 19, 2017

    Standard Register Settles $10M Dispute With Liberty Mutual

    The bankruptcy trust of Standard Register Co. has settled a $10 million dispute over workers' comp insurance with Liberty Mutual Insurance Co., according to a motion filed Thursday in Delaware bankruptcy court.

  • May 19, 2017

    Couple Who Hid Sinkhole Can't Dodge Verdict At 11th Circ.

    A Florida couple who were sentenced to probation and restitution after they were convicted of wire fraud for failing to disclose during the sale of their home that they got a $150,000 insurance check for a sinkhole they didn’t fix saw their sentences upheld by the Eleventh Circuit on Friday.

  • May 19, 2017

    Insurer Asks 2nd Circ. To Amend Rochester U. Injury Ruling

    Cincinnati Insurance Co. on Thursday told the Second Circuit that a lower court correctly found Harleysville Insurance Co. must cover the University of Rochester Medical Center in litigation over a construction worker injured on a job, and that Harleysville should also be ordered to cover a general contractor.

Expert Analysis

  • 7th Circuit May Clarify Rep & Warranty Insurer Duties

    Jason Dubner

    Next week, the Seventh Circuit will hear oral argument in Ratajczak v. Beazley, giving the court a rare opportunity to address the scope of a representation and warranty insurer's duties to its policyholders, particularly in the context of settling an underlying claim, say Jason Dubner and Mark Schwartz of Butler Rubin Saltarelli & Boyd LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Consider Ransomware Now So You Don’t WannaCry Later

    Roberta Anderson

    Last Friday, the largest ransomware infestation ever affected tens of thousands of organizations across the globe and a wide range of industry sectors. A well-negotiated insurance program will position an organization to be resilient in the face of the escalating threat of cyberextortion, says Roberta Anderson of Cohen & Grigsby PC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • UPDATE: Why Cosgrove V. National Should Terrify Insurers

    Randy Maniloff

    On May 5, the same date this article first published, the U.S. District Court for the District of Arizona approved a request to vacate and seal its original ruling. This article was based on the court's original ruling.

  • The Absolute Pollution Exclusion Continues To Weaken

    Carl Salisbury

    Last month, the Washington Supreme Court employed a causation analysis to reject a coverage denial in Xia v. Probuilders. When it first appeared, the absolute pollution exclusion seemed to mark the end of coverage for any losses remotely related to pollution, but the pendulum might at last be swinging in the other direction, says Carl Salisbury of Bramnick Rodriguez Grabas Arnold & Mangan LLC.

  • Arbitration Options Put Global Insurers In The Driver Seat

    Amy Churan

    Insurers have a variety of options to enforce their right to arbitration, including everything from a negotiated stay of proceedings to an anti-suit injunction. However, it is important for global insurers to consult with knowledgeable counsel before pursuing any particular path, say Amy Churan and Charles Cannizzaro of Robins Kaplan LLP.

  • Cybersecurity Is The Next Frontier Of State Regulation

    David Forscey

    States considering whether to enforce existing cybersecurity rules more aggressively, or else pass standards of their own, should carefully consider the policy rationale and potential pitfalls of existing frameworks and collaborate with private experts to determine what works and what does not, say David Forscey of the National Governors Association, and Steven Cash and Benjamin Nissim of Day Pitney LLP.

  • Employers Continue To Wrestle With Wellness Programs

    Jennifer Matthews

    In an attempt to alleviate some of the confusion surrounding employer wellness programs, the U.S. Equal Employment Opportunity Commission issued final rules regarding wellness programs last May. However, since that time a number of lawsuits have arisen that disagree on the interpretation of these new rules, says Jennifer Matthews of Trucker Huss APC.