Insurance

  • May 14, 2018

    Hospital Workers Urge Deal In 'Church Plan' Suit, $1.2M Fees

    Attorneys leading a class of hospital workers accusing Advocate Healthcare Network of improperly classifying its pension plan as a “church plan” asked an Illinois federal judge Friday to grant final approval to a proposed deal that would resolve the dispute and award them up to $1.25 million in legal fees.

  • May 14, 2018

    Jones Day Shorted Worker's Disability Benefits, Suit Says

    A former Jones Day employee accused the firm and an insurer in a lawsuit filed in Tennessee federal court Monday of improperly cutting off her short-term disability benefits and denying her other coverage.

  • May 14, 2018

    5th Circ. Revives Atty's Bad Faith Claims In Coverage Row

    The Fifth Circuit has revived a Texas attorney's claims that her insurer acted in bad faith by refusing to pay defense costs in litigation with a former client, ordering a trial judge to review the alleged violations of the state insurance code in light of a recent Texas Supreme Court ruling.

  • May 14, 2018

    Atty's Guide To Construction Professional Liability Coverage

    Architects and engineers working on a construction project can face substantial liability if they make design errors or other missteps that lead to building delays, property damage or injuries, so design firms would be wise to have counsel help them obtain a robust professional liability insurance policy to protect against those risks.

  • May 14, 2018

    Reinsurers Accuse Russian Firm Of Fraud In UK Court

    Nineteen reinsurance companies have denied owing millions of dollars to Kapital Insurance over a plane crash that killed 45 passengers, alleging at the High Court in London that the Russian company may have secured previous judgments against them through corruption and fraud.

  • May 11, 2018

    NRA Sues Cuomo, NY Regulator For 'Discrimination Campaign'

    The National Rifle Association sued New York Gov. Andrew Cuomo and the state’s top financial regulator on Friday, seeking millions of dollars in damages for what it alleges has been an “overt viewpoint-based discrimination campaign” that is scaring off the gun rights organization’s business partners and threatening its First Amendment rights.

  • May 11, 2018

    BioChemics Not Covered For SEC Action, Axis Tells 1st Circ.

    Axis Reinsurance Co. on Thursday urged the First Circuit to uphold a Massachusetts federal judge’s ruling that it doesn’t have to cover BioChemics Inc.’s costs to defend against U.S. Securities and Exchange Commission subpoenas and an enforcement action, saying the lower court properly found the claim predated the insurer’s policy.

  • May 11, 2018

    Insurers Try To Nix Coverage For $11.7M FCA Deal

    Travelers Casualty and Surety Co. of America and Illinois Union Insurance Co. have moved to dismiss a suit by IberiaBank seeking coverage for an $11.7 million False Claims Act settlement the bank reached with the government last year over its sloppy mortgage lending, arguing that the government was never a “client” of IberiaBank.

  • May 11, 2018

    Ex-NHL Enforcer Claims New Evidence In Concussion Suit

    Former National Hockey League "enforcer" Michael Peluso on Thursday asked a Minnesota federal court for permission to file an amended complaint in his concussion suit against his former teams, saying he has new evidence the teams knew he did have a brain injury and not just a risk of one.

  • May 11, 2018

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

    The last week has seen a vacation rental agency file for an appeal against a fiduciary service company, the Bank of India sue a jewelry company owned by an alleged fraudster and an African mining company launch legal proceedings against a Brazilian bank. Here, Law360 looks at those and other new claims in the U.K.

  • May 11, 2018

    Power Tool Co. Hit With $1.4M Suit Over Exploding Batteries

    Vigilant Insurance Co. hit Ryobi's Chinese parent company with a negligence suit in Washington federal court on Thursday, saying the power tool manufacturer is to blame for a rechargeable battery that exploded and started a house fire.

  • May 11, 2018

    Insurance Row Must Wait For State Court Dispute, Judge Told

    An apartment project subcontractor asked a South Carolina federal judge Thursday to throw out an insurance company’s lawsuit seeking to evade coverage for alleged construction faults, saying a dispute with the project’s contractor in state court must be resolved first.

  • May 11, 2018

    Real Estate Rumors: John Hancock, Capstone Equities, AEW

    John Hancock has reportedly loaned $105 million for a Los Angeles office building, a venture including Capstone Equities is said to have scored a $130 million loan for a recent New York hotel purchase and an AEW Capital venture has reportedly picked up a South Florida development site for $26 million.

  • May 11, 2018

    Texas Justices Pull Crop Insurance Fight Out Of Arbitration

    The Texas Supreme Court sided with a farm on Friday in ruling that the arbitration agreement in its insurance policy didn't extend far enough to force arbitration of the farm's allegation that mistakes by its insurance agent caused it to be denied a crop damage claim under the policy.

  • May 11, 2018

    3rd. Circ. Keeps Insurer's Win In Subscribers' Suit Over Fees

    The Third Circuit has declined to revive a suit against Erie Indemnity Co. and its officers over the company's alleged misappropriation of funds that subscribers say rightfully belonged to the subscriber-owned Erie Insurance Exchange.

  • May 10, 2018

    Insurer Need Not Cover $11M Lost After Hack, 11th Circ. Says

    The Eleventh Circuit on Thursday found that a Great American Insurance Co. policy against computer fraud does not cover $11.4 million in fraudulent debit card redemptions, finding that while computer fraud occurred, the policyholder's loss was too many steps removed from the fraud for coverage.

  • May 10, 2018

    Progressive Wants Fla. Justices To Flip PIP Deductible Ruling

    Insurance giant Progressive urged the Florida Supreme Court to reverse a Fifth District ruling against it and adopt a conflicting ruling from the Fourth District, as the justices weigh a question of how deductibles are to be applied in personal injury protection coverage cases.

  • May 10, 2018

    2nd Circ. Asks Conn. Court To Weigh Insurer-Adjuster Row

    The Second Circuit asked the Connecticut Supreme Court on Thursday to weigh in on whether the history between an insurer and a claims-adjusting agent created a “continuing course of conduct” sufficient to reinstate a $1.25 million negligence verdict against the adjuster, which a district court had decided didn’t comport with a Connecticut statute of limitations.

  • May 10, 2018

    Debevoise Leads Axa Equitable In Year's Largest IPO

    Axa Equitable Holdings Inc., the U.S. division of French insurance and asset management firm Axa SA, debuted on public markets Thursday, raising $2.75 billion in the U.S.’ largest initial public offering this year, with guidance from Debevoise & Plimpton LLP.

  • May 10, 2018

    Gun Lobby Aims For New Insurers After Rebuff From Lloyd's

    The National Rifle Association will seek new insurers after Lloyd’s of London ordered its members to stop writing business linked to the U.S. gun lobby as a regulatory investigation takes place in New York, an NRA lawyer has told Law360.

Expert Analysis

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Calif. Landslides Prompt 'Efficient Proximate Cause' Rehash

    Jennifer Hoffman

    Last month, the California Senate passed SB 917, amending the California Insurance Code to reiterate efficient proximate cause and specifically address landslides. Though the amendment purports to merely restate existing law, insurers should be prepared for inconsistent verdicts rendered by courts and juries in the near future, says Jennifer Hoffman of Zelle LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Structuring Life Settlements Investment Funds After TCJA

    Brian Casey

    The Tax Cuts and Jobs Act should be carefully evaluated by offshore life settlements investment vehicles, as it may negatively impact U.S. income tax consequences for U.S. shareholders, who should consider structuring or restructuring funds to minimize these adverse income tax effects, say attorneys with Locke Lord LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Calif. Department Of Insurance Approval Is No Silver Bullet

    Shawn Hanson

    The California Supreme Court's recent opinion in Heckart v. A-1 shows that an informal opinion from the California Department of Insurance may not be honored by the department itself, and there is no guarantee that California courts will defer to it either, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • The Insureds’ Burden: Determining Date Of Loss In Texas

    Todd Tippett

    Under Texas law, as reinforced by recent court decisions, the insured bears the burden of establishing that property damage actually occurs on the reported date of loss. Insureds and insurers can use a variety of tools to determine and prove when hail or wind damage occurred, say Todd Tippett and Walter Cardwell of Zelle LLP.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.