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Insurance

  • October 9, 2018

    Allstate Says Performance, Not Fraud, Caused Stock Drop

    Allstate Corp. has asked an Illinois federal judge to deny class certification to investors accusing the insurer of concealing loose underwriting in a bid to boost business, arguing that any subsequent dips in Allstate's stock were due to company performance, not fraud.

  • October 9, 2018

    Ohio Justices Say Bad Subcontractor Work Not An 'Accident'

    Ohio’s high court ruled Tuesday that damage from a subcontractor’s faulty work isn’t an accident triggering an insurer’s defense obligation, spurning a nationwide trend favoring coverage for such claims and reinstating a lower court’s decision that a builder isn’t covered for litigation over alleged construction defects at a hotel on Ohio Northern University’s campus.

  • October 9, 2018

    Lloyd's Promises To Pay 'All Valid Claims' After Brexit

    Lloyd’s of London pledged on Tuesday to pay "all valid claims" after March 2019 even if Britain crashes out of the European Union without a deal and the cross-border insurance industry faces a legal vacuum.

  • October 9, 2018

    CORRECTED: Ex-Exec Of Modi Jewelry Co. Seeks Access To D&O Coverage

    The ex-president of a company owned by billionaire jeweler Nirav Modi on Thursday asked a New York bankruptcy court for an order allowing one of his company’s directors and officers insurance to pay for his legal defense, saying the policy proceeds are not estate property. Correction: A previous version of this story incorrectly identified the individual filing the motion. The error has been corrected.

  • October 5, 2018

    Calif. Malpractice Coverage Mandate Would Be No Easy Leap

    A study underway in California about whether to make lawyer malpractice insurance compulsory across the nation's largest attorney population has some Golden State experts scratching their heads over whether such a plan is feasible — or even needed.

  • October 5, 2018

    Asbestos Trusts Come Under DOJ Civil Investigation

    The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

  • October 5, 2018

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

    The last week has seen a London hotel group lodge competition claims against Visa and Mastercard, Hellenic Petroleum and 10 insurers take on a shipper, and VTB Bank sue a Russian billionaire's holding company connected to EN+. Here, Law360 looks at those and other new claims in the U.K.

  • October 5, 2018

    Asbestos Firm, Insurers Reach Deal In Payback Suit

    National asbestos law firm Shrader & Associates LLP and three health insurers have reached a deal in a suit claiming the firm failed to pay the companies money out of its clients’ asbestos settlement funds, a Texas federal judge has said.

  • October 5, 2018

    Insurer Says Firm's Bad Advice Cost It Millions

    Clarendon National Insurance Co. has filed a lawsuit in Colorado federal court against Goodman McGuffey LLP, accusing the firm of giving bad advice regarding policies issued to construction professionals, costing it over $3 million.

  • October 5, 2018

    Ky. Judge Finds Poetry In Refinery Explosion Coverage Case

    Drawing inspiration from 18th-century poet Alexander Pope's ruminations on forces of nature, a Kentucky federal judge has ruled that Continental Refining Co.'s claim for coverage of damage to its crude oil refinery from a 2015 explosion is clearly excluded under its equipment breakdown insurance policy.

  • October 5, 2018

    Texas Doc Pleads Guilty In $40M Med Center Bribery Scam

    A Mesquite, Texas-based bariatric surgeon who was one of the founders of Forest Park Medical Center has entered a guilty plea for his role in what the government alleges is a $40 million bribery and kickback scheme.

  • October 4, 2018

    HealthNow Wants Out Of Hospitals' Benefits Payment Suit

    HealthNow New York Inc. has asked a Texas federal court just to allow it to escape an Employee Retirement Income Security Act suit from seven affiliated hospitals which had claimed that dozens of Blue Cross Blue Shield entities underpaid them by tens of millions of dollars.

  • October 4, 2018

    Insurer Owed Nobilis Defense Of Stock Drop Suits: Judge

    A Texas federal judge on Thursday ruled that Great American Insurance Co. wrongfully refused to cover Nobilis Health Corp.’s costs to defend two shareholder class action suits accusing Nobilis of artificially inflating its stock price, finding that the suits involved allegations similar to those in an earlier action the insurer had agreed to cover.

  • October 4, 2018

    State Farm Made Robocalls, Ignored No-Call List: Suit

    A Florida woman hit State Farm Fire and Casualty Co. with a proposed class action Thursday alleging it repeatedly used wide telemarketing campaigns and called consumers, who were on the do not call list, without their consent.

  • October 4, 2018

    Chocolatier, Insurer Spar On $53M Storm Claim In 2nd Circ.

    The Second Circuit waded waist-deep into a New York chocolate company's insurance policy at argument Thursday in a bid to sort out whether a $53 million Hurricane Sandy-related claim was caused by a covered windstorm or an excluded flood.

  • October 4, 2018

    Nationwide Insists Contract Lets It Cut Agent Benefits Anytime

    Nationwide Mutual Insurance Co. has shot back at an agency's claim that Nationwide could only cut agents' retirement benefits when necessary, telling a Virginia federal judge that the agents' contract gave Nationwide the right to slash benefits whether it needed to or not.

  • October 4, 2018

    Transamerica To Settle Insurance Rate Class Action For $195M

    Transamerica Life Insurance Co. has agreed to pay $195 million to settle a consolidated class action accusing the company of breaching its agreements with policyholders by drastically increasing their monthly costs, according to a Thursday filing in California federal court seeking preliminary approval of the deal.

  • October 4, 2018

    11th Circ. Affirms Ex-Mutual Benefits Atty's 10-Year Sentence

    An Eleventh Circuit panel on Thursday declined to overturn the 10-year prison sentence of Mutual Benefits Corp.'s former outside counsel, finding that the government presented sufficient evidence at trial to support fraud convictions for his role in a massive insurance investment scheme.

  • October 4, 2018

    Plumbing Co. Sues Allstate Over Asbestos Suit Coverage

    A plumbing manufacturing company formerly based in Erie asked a Pennsylvania federal court on Thursday to make Allstate Insurance cover the company’s asbestos-related settlements and defense costs, including claims about exposures dating to the late 1970s or earlier.

  • October 4, 2018

    Global Standards Body Mulls Major Accounting Reform Delay

    A global standards setting agency has said it will consider delaying the introduction of major accounting reforms set to come into force in 2021 after European insurers urged it to apply the brakes and rewrite the rules.

Expert Analysis

  • Telemedicine — The Next Frontier For DOJ Scrutiny?

    andre.jpg

    CVS is the first major drugstore company to offer customers the option to use their smartphone to “see” a doctor. With the U.S. Department of Justice affording more resources to health care fraud prosecutions, telemedicine services are certain to attract the scrutiny of investigators, say Lionel André and Michelle Bradford of Murphy & McGonigle PC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Preparing For New Life Settlement Transactions Reporting

    Kristan Rizzolo

    Last year’s Tax Cuts and Jobs Act imposed a host of new information reporting requirements on participants in life settlement transactions. Those affected should put systems in place now to ensure they have the information they need when the filing requirements go into effect, say attorneys at Eversheds Sutherland LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Post-Florence Insurance Considerations For The Carolinas

    Patrick Aul

    In 2016, Hurricane Matthew was an extraordinary event that caused the Carolinas' departments of insurance to provide additional safeguards for insureds. The impact of Hurricane Florence will likely compel North and South Carolina to take the same actions again, say Patrick Aul and Stephen Pate of Cozen O'Connor.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.