• September 14, 2017

    Auto Policy Doesn't Require Insurer To Pay Punitives: Court

    A Farmers auto insurance policy covering "damages for bodily injury" does not require the insurer to pay punitive damages awarded in a lawsuit against its insured, a Texas appellate court held Wednesday in what the court said is a "novel issue."

  • September 14, 2017

    11th Circ. Won't Rehear Atty's Bid To Avoid Essay Sanction

    The lawyer ordered to write a 5,000-word essay on the consequences of ignoring court orders lost her bid Wednesday for another shot at overturning the unusual punishment.

  • September 14, 2017

    Deals Rumor Mill: Toshiba, Cornerstone OnDemand, Axa

    Apple is in talks to join Bain Capital's bid to buy Toshiba's memory chip business, learning and talent management software maker Cornerstone OnDemand Inc. may be up for grabs, and French insurance giant Axa is mulling a sale of its European asset management business.

  • September 14, 2017

    Calif. Developer Can't Secure Coverage For Defect Suit

    Pulte Home Corp. can't recover its costs to defend a construction defect lawsuit under a liability policy issued to its concrete subcontractor, a California federal judge ruled on Wednesday, holding that a pair of exclusions bar coverage because the underlying allegations deal only with the subcontractor's allegedly shoddy workmanship.

  • 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.

Expert Analysis

  • 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.

  • Property Insurers Should Brace For Post-Harvey Storm

    M. Scott Incerto

    While early estimates vary wildly, the insurance cost of Hurricane Harvey is certain to be in the billions. With that amount of devastation, property insurers should begin preparing now for the second storm that is certain to follow the first: the onslaught of claims and coverage litigation, say M. Scott Incerto and Adam Schramek of Norton Rose Fulbright.

  • Telehealth: A Priority For Advancing Quality Health Care

    Michael Adelberg

    Following its August recess, Congress will have less than four weeks to work through must-pass legislation that would fund the Children’s Health Insurance Program. Amid this hard-stop deadline for program funding, there is a possibility that this legislation could lend itself as a vehicle to attach other party priorities, such as expansion of telehealth services for Medicaid beneficiaries, say attorneys with Faegre Baker Daniels.

  • Colo. Appraisal Dispute Seems To Discount True Impartiality

    Thomas Blomstrom

    In Owners v. Dakota, a Colorado appeals court recently ruled that impartial appraisers commonly called for in insurance policies may favor one side over the other. Condoning partisan favoritism drastically reduces the likelihood that appraisals will conclude by agreement without umpire involvement, say attorneys with Foran Glennon Palandech Ponzi & Rudloff PC.

  • Insurers Win Series Against Lakers In TCPA D&O Shootout

    Lawrence Bracken II

    This month, the Ninth Circuit affirmed that the Los Angeles Lakers were not entitled to coverage for a fan's class action alleging violations of the Telephone Consumer Protection Act. This decision should not be seen to foreclose future TCPA defendants from obtaining D&O coverage, but it sends a staunch reminder to policyholders that they should carefully analyze the language of their policies, say attorneys with Hunton & Williams LLP.