Insurance

  • April 11, 2018

    USA Gymnastics Sues Insurers Over Nassar Coverage

    USA Gymnastics has filed suit against seven insurers over coverage for “at least nine” lawsuits concerning its role in the scandal in which sports doctor Larry Nassar abused numerous athletes.

  • April 11, 2018

    3rd Circ. Won't Wade Into Prudential ERISA Class Action

    A panel of Third Circuit judges on Tuesday turned away Prudential Insurance Co. of America’s bid for review of a lower court's decision to certify a subclass in an Employee Retirement Income Security Act suit over life insurance payouts. 

  • April 11, 2018

    Christmas Decor Heirs Dispute $68M Deficiency In Tax Court

    The estate of a Christmas ornament magnate has asked the U.S. Tax Court to toss $68 million in taxes and penalties assessed by the Internal Revenue Service, saying the agency mischaracterized the sale of life insurance policies as a tax dodge. 

  • April 10, 2018

    Petrobras Says It Never Ditched $400M Suit's Legal Theory

    Petrobras America fought back on Monday against offshore equipment manufacturer Vicinay Cadenas SA's bid to duck or stall a $400 million suit over an allegedly defective chain used to support a floating oil and gas facility, telling a Texas federal judge that contrary to claims, it's never gone back on its theory of what the case is about. 

  • April 10, 2018

    7th Circ. Urged To Revive Class Cert. In Junk Fax Suits

    The Seventh Circuit was asked Tuesday to reverse two lower court orders preventing two junk fax suits from proceeding as class actions under the Telephone Consumer Protection Act, with counsel for the fax recipients saying their respective judges followed the wrong precedent in finding their claims are unique on the issue of consent.

  • April 10, 2018

    2nd Circ. Says AXA’s Annuity Deception Didn't Trigger SLUSA

    Claims that AXA Equitable Life Insurance Co. reduced returns for annuity buyers were revived and returned to state court Tuesday after the Second Circuit found in a published opinion that AXA's misleading a regulator did not make the case a federal matter under the Securities Litigation Uniform Standards Act.

  • April 10, 2018

    Great American Won’t Have To Pay $2.4M For Estefan Eatery

    Cuban-American musicians Gloria and Emilio Estefan's Miami restaurant, Larios on the Beach, lost its coverage dispute with Great American Insurance Co. of New York on Tuesday, with a Florida federal court ruling the eatery mistimed its filing of a $2.4 million property damage claim.

  • April 10, 2018

    Insurers Urge Tenn. Justices To Affirm $146M Flood Award Nix

    The insurers of a Nashville mall on Monday asked Tennessee's highest court to affirm the toss of a $146 million award the mall owner previously won in a dispute over flood damage coverage, saying that regardless of the owner's claims, the policy was unambiguous and the intent behind the words is clear.

  • April 10, 2018

    Allstate Gets Quick Win In Ill. Life Insurance Payment Row

    An Illinois federal court handed Allstate Insurance Co. a quick win Monday when it agreed to terminate a suit claiming the company wrongly refused to pay a man a share of his deceased wife’s life insurance benefit.

  • April 10, 2018

    Mauritius Fends Off $1B Insurance, Banking Assets Claim

    Mauritius has beaten a $1 billion treaty claim lodged by an investor who said the small island nation improperly seized and transferred his holdings in several insurance and banking companies to state-owned companies, after an arbitral tribunal determined that it lacked jurisdiction.

  • April 9, 2018

    Texas Rule May Give Oil Co. Win Over Insurer in Kan. Case

    PetroSantander Inc. scored a major victory on Monday against insurer HDI Global in a coverage dispute over damages resulting from a saltwater spill, when a Kansas federal court found that HDI must show it was “actually prejudiced” by a late claim to deny coverage on that basis.

  • April 9, 2018

    5 Highlights In New ACA Marketplace Rule

    The Centers for Medicare & Medicaid Services on Monday finalized a new Affordable Care Act rule that will give states more freedom to set benefits, exempt more Americans from the law's individual mandate and let insurers spend less on medical services. Here are five highlights from the final rule.

  • April 9, 2018

    Patriot National Creditor's Bid To Continue $110M Suit Denied

    A Delaware bankruptcy judge on Monday refused to allow Aspen Specialty Insurance Co. to resume its potential $110 million Pennsylvania lawsuit against bankrupt Patriot National Inc. and its affiliates, citing in part Patriot’s fast-approaching Chapter 11 plan confirmation hearing.

  • April 9, 2018

    Democratic AGs Wade Into Fight Over Future Of ACA

    Democratic attorneys general from 16 states and the District of Columbia asked to intervene in a lawsuit aiming to put an end to the Affordable Care Act, telling a Texas federal judge Monday that their states stand to lose around $500 billion if the challenge to the law is successful.

  • April 9, 2018

    Pa. Appeals Court Junks $21M Insurance Bad Faith Award

    A Pennsylvania appellate court on Monday overturned a $21 million verdict against Nationwide Mutual Insurance Co., suggesting that the trial court was biased and ruling that there was no evidence of bad faith from Nationwide in a 20-year dispute over an auto insurance claim.

  • April 9, 2018

    Babcock & Wilcox Retirees' Health Benefits Deal OK'd

    A Pennsylvania federal judge on Friday gave final approval to an agreement that provided a class of retired Babcock & Wilcox Enterprises Inc. workers with company contributions to their health care, certifying a deal in a suit alleging the energy generator had broken the terms of a collective bargaining agreement.

  • April 9, 2018

    11th Circ. Will Rethink Body Shops' Win In Antitrust Case

    The full Eleventh Circuit will rehear a panel decision reviving lawsuits by auto body shops that say State Farm and other insurers conspire to manipulate car repair costs, the panel announced Friday.

  • April 6, 2018

    Fidelity Says Jury Verdict Nixes Ex-Staff Atty's $1.2M Trial Win

    Fidelity National Title Group urged a California state appeals court Friday to toss a $1.2 million emotional distress verdict won by a former in-house attorney who alleged she was forced out for being pregnant, arguing that her emotional distress damages can’t survive because the jury didn’t find that Fidelity discriminated.

  • April 6, 2018

    Petition Seeks Hurricane Flood Suit Consolidation In S. Fla.

    Homeowners in Florida, Puerto Rico and the U.S. Virgin Islands who suffered flood damage in recent hurricanes and filed suits against insurers backed by the National Flood Insurance Program have lodged a petition to have pretrial proceedings consolidated in the Southern District of Florida.

  • April 6, 2018

    Willis Tells 5th Circ. $120M Stanford Ponzi Deal Is Best Offer

    Willis Ltd. on Friday slammed a bid by hundreds of investors in the Stanford Ponzi scheme to reverse a $120 million deal settling claims that the broker fraudulently induced their investments, telling the Fifth Circuit that there is a good chance that continued litigation could result in no liability at all for Willis and no payday for investors.

Expert Analysis

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Texas Contractors Can't Rely On Limited Power Of Attorney

    David Winter

    While obtaining an assignment of an insured’s claim, instead of a post-loss assignment of benefits, is certainly appealing for a contractor, the consequences of engaging in such conduct in Texas significantly outweigh any purported benefits, says David Winter of Zelle LLP.

  • Keys To Corporate Social Responsibility Compliance: Part 1

    Michael Littenberg

    2018 may be the year that corporate social responsibility compliance becomes a core duty of in-house legal departments. Not only have legal requirements proliferated in recent years, but new disclosure requirements and more regulation are on the horizon, say attorneys with Ropes & Gray LLP.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Warranty And Indemnity Insurance Can Help M&A Buyers

    William Charnley

    In recent years, warranty and indemnity insurance has become a prevalent method of helping mergers and acquisitions counterparties close transactions by transferring warranty and liability away from the buyer and seller and onto the insurance market, say William Charnley and Ilan Kotkis of King & Spalding LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.