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Insurance

  • October 16, 2018

    Insurer Owes Hotel After Carbon Monoxide Leak: 10th Circ.

    The Tenth Circuit ruled Tuesday that a hotel has the right to insurance coverage after a carbon monoxide leak, overruling the insurer’s argument that the accident triggered an exclusion concerning “qualities or characteristics of indoor air.”

  • October 16, 2018

    6th Circ. Upholds State Farm's Setback In Labor Costs Row

    A split Sixth Circuit on Monday ruled that State Farm cannot depreciate the costs of labor in determining the actual cash value owed to policyholders whose homes have been damaged or destroyed, affirming a lower court’s refusal to dismiss a proposed class action accusing the insurer of underpaying claims.

  • October 16, 2018

    Fairfax Scores $11M In Jury Verdicts In NJ Stock Scheme Row

    Fairfax Financial Holdings Ltd. and its New Jersey subsidiary, Crum & Forster Holdings Corp., have scored state trial victories totaling nearly $11 million in damages against a defunct hedge fund and related parties over claims they took part in a scheme to lower the Canadian insurance company’s share price, the business announced Tuesday.

  • October 16, 2018

    Deals Rumor Mill: Uber, Lyft, Tribune

    Proposals have valued Uber at a whopping $120 billion in its initial public offering, Lyft tapped JPMorgan Chase & Co., Credit Suisse and Jefferies as underwriters on its IPO, and Hicks Equity Partners is eyeing Tribune Media and its nearly four dozen TV stations.

  • October 16, 2018

    Class Cert. Push Renewed In UnitedHealth ERISA Battle

    Representatives for a proposed class alleging UnitedHealth Group Inc. violated the Employee Retirement Income Security Act by denying coverage for prosthetic arms and legs pressed a California federal judge for certification, saying class parameters the court previously found too broad have been narrowed.

  • October 16, 2018

    Florida Policy Won't Cover NJ Car Crash, Court Says

    The New Jersey state appeals court on Tuesday declined to revive a motorist’s suit against another driver over a car crash, ruling the motorist’s out-of-state insurance policy invalid in the Garden State, thus barring him from seeking damages against the other driver.

  • October 16, 2018

    Pa. High Court To Mull Insurer-Ordered Medical Exams

    The Pennsylvania Supreme Court has agreed to address a federal appeals court’s question over whether insurance companies can force their policyholders to submit to medical examination by insurer-selected physicians when seeking medical benefits under their policies.

  • October 16, 2018

    Attys Get $4.3M In Fees In $17M HIV Disclosure Settlement

    A Pennsylvania federal judge has granted final approval to Aetna Inc.’s $17 million deal to settle claims the managed health care giant wrongly disclosed patients’ HIV-related information and also awarded more than $4.3 million in fees and cost reimbursements for the patients’ attorneys.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 16, 2018

    Holding Co. Wants $437K Fees Cemented In Arbitration Row

    A Bermuda holdings company urged an Illinois federal judge to disregard the state's bid to either toss or pause a request by the company to confirm an arbitration award that includes $437,000 in attorneys' fees, saying the state is mistaking its action for a lawsuit.

  • October 15, 2018

    Anthem To Settle Health Care Data Breach For Record $16M

    Anthem Inc. will pay U.S. health officials a record $16 million to settle alleged privacy violations stemming from the largest health care cyberattack in U.S. history, which exposed the personal information of some 79 million people, the U.S. Department of Health and Human Services said Monday. 

  • October 15, 2018

    Ill. Health Insurance Nonprofits Sue Over Opioid Crisis

    Two Illinois nonprofits that provide municipalities with workers’ compensation and employee health insurance on Monday hit opioid makers and distributors with a suit they called the first of its kind in the state over the costs of the opioid epidemic.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    Pipeline Co. Wants $1.5M In Atty Fees For Frivolous Suit

    The Houston Pipe Line Co. LP asked a Florida federal court Friday for $1.5 million in attorneys’ fees for having to fight off what it called an “objectively frivolous claim” from Continental Holdings Inc. trying to pass off responsibility in a suit by the city of Jacksonville over cleanup costs from a former gas plant.

  • October 15, 2018

    2nd Circ. Seems Skeptical Of Tilton Bid For D&O Insurance

    A Second Circuit panel didn’t seem convinced by businesswoman Lynn Tilton's company that Axis Insurance Co. should be made to cover up to $5 million in legal fees incurred during a Securities and Exchange Commission investigation, expressing skepticism at how Patriarch Partners LLC interpreted its directors and officers insurance policy.

  • October 15, 2018

    DOJ Charges Florida Men with $1B Telemedicine Fraud Scam

    Four Florida men and seven pharmacies have been indicted for their role in a massive $1 billion telemedicine fraud scheme that involved submitting fraudulent claims for payment for marked-up pain cream and other products to insurance companies, the U.S. Department of Justice said Monday. 

  • October 15, 2018

    Hartford's $2B Navigators Buy Draws Del. Disclosure Suit

    A shareholder of The Navigators Group Inc. alleges in a Delaware federal court suit filed Monday that the insurance company and its directors omitted important information from a proxy statement detailing The Hartford Financial Services Group Inc.'s $2.1 billion acquisition of the firm.

  • October 15, 2018

    Insurers Say No Coverage For Dispute Over Highway Work

    The American Guarantee & Liability Insurance Co. and Zurich American Insurance Co. asked a Texas federal court to declare that they are not responsible for covering Zachry Industrial Inc. in a $130 million arbitration it faces over allegedly shoddy construction work on the Texas State Highway 130 project.

  • October 15, 2018

    Excess Policies Don't Cover $28M False Murder Charge Award

    A Nebraska county's excess insurance policies don't cover a $28 million verdict rendered in litigation over the county's wrongful prosecution of six people for a 1985 murder, a state judge has ruled, finding that coverage wasn't triggered because the false charges were filed before the policies went into effect.

  • October 15, 2018

    Ohio Top Court Nixes Easy Path On Building Defect Coverage

    Construction companies working in Ohio must specifically ensure their insurance policies cover subcontractors’ defective work after the state’s high court recently dashed any hope of the Buckeye State falling in line with other states where a subcontractor’s bad work is covered by standard insurance policies.

Expert Analysis

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • NY Tax Minutes: September

    Timothy Noonan

    In the latest installment of their monthly column, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP revisit the ongoing battle over the SALT deduction cap, note the importance of taxpayer testimony in domicile cases, address nonaudit-related legal challenges facing taxpayers and review New York City’s better-late-than-never guidance on repatriated income.

  • 6th Circ. Encourages Insureds To Be Open With Insurers

    Matthew Beato

    The Sixth Circuit's recent decision in First Horizon v. Houston reinforces the importance of providing timely and complete notice to insurance carriers, and will discourage insureds from disguising crucial facts about claims, says Matthew Beato of Wiley Rein LLP.

  • The Ins And Outs Of ERISA Fiduciary Insurance

    Excerpt from Lexis Practice Advisor
    José Jara

    Fiduciary liability insurance is an important but often overlooked aspect of a company’s risk management plan. José Jara of CKR Law reviews how it can be used to protect fiduciaries when governing or providing services for employee benefit plans subject to the Employee Retirement Income Security Act.

  • Defining Qualified Business Income In Life Settlement Industry

    Brian Casey

    In August, the IRS proposed regulations for the new Internal Revenue Code Section 199A, which includes good news for insurance agents and brokers. Attorneys with Locke Lord LLP examine whether that good news will carry over to participants in the life settlement industry.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • Triggering Civil Authority Coverage After A Natural Disaster

    Tracey Jordan

    As hurricane season continues, insured business owners in affected areas are likely to seek coverage for loss of business income. It's important to recognize that for business income insurance to cover losses caused by a civil authority order, the order must be a result of actual property damage, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Fla. Insurers Should Beware Expanded Bad Faith Standards

    Rory Jurman

    The Eleventh Circuit's decision in Bannon v. Geico essentially establishes that Florida insurers have an affirmative duty to initiate settlement negotiations where it is clear that liability lies mostly with their insureds. However, it is unclear what apportionment of fault will trigger the insured's duty, say Rory Jurman and Vanessa Alvarez at Fowler White Burnett PA.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.