Insurance

  • July 11, 2017

    Travelers Says It Had No Duty To Pay For Sex Abuse Defense

    Travelers Casualty & Surety Co. told the Second Circuit on Monday that the insurer's policy language means Travelers need not cover a Connecticut hospital for the $1 million it spent defending against suits claiming one of its doctors sexually abused child patients.

  • July 11, 2017

    8th Circ. Affirms Poultry Co.'s $2.8M Property Coverage Win

    The Eighth Circuit on Tuesday left intact a $2.8 million jury award to poultry and pet food company Simmons Foods Inc. in a dispute over insurance coverage for its costs to rebuild a canning plant, but axed the trial court's award of nearly $600,000 in interest.

  • July 11, 2017

    NJ Panel Affirms Press Comments Didn't Breach Settlement

    The New Jersey Appellate Division on Tuesday affirmed that a lawyer and his client didn’t violate a confidentiality agreement with the Borough of Roselle Park by speaking to the press about the client’s parking ticket, because the deal only applied to the client’s subsequent malicious prosecution lawsuit.

  • July 10, 2017

    6th Circ. Says Injured Postal Worker Can't Collect Twice

    The Sixth Circuit ruled Monday that a postal worker hurt on the job who recovered damages under the Federal Employees’ Compensation Act can’t seek damages under the Federal Tort Claims Act against a Veterans Affairs hospital because recovery under FECA shields the federal government from torts liability.

  • July 10, 2017

    Perkins Coie Snags DOJ Vet Who Helmed Anthem Challenge

    Perkins Coie LLP bolstered its antitrust ranks Monday with the addition of partner Jon Jacobs, an experienced U.S. Department of Justice litigator who recently served as lead trial counsel in the successful challenge to the $54 billion merger between Anthem and Cigna.

  • July 10, 2017

    Wash. High Court Asked To Weigh Insurance Benefits Query

    A Washington federal judge on Monday sought the state high court's input on key questions in a recently certified class action brought by State Farm policyholders whose requests for personal injury benefits were allegedly wrongfully denied after physicians found the policyholders had achieved "maximum medical improvement."

  • July 10, 2017

    2nd Circ. Won't Let Insurer Off Hook In Worker Injury Case

    Evanston Insurance Co. can't invoke an "employer's liability" exclusion to bar a Universal Photonics Inc. unit's request for coverage of an underlying lawsuit brought by a UPI employee who claims he was injured on the job, the Second Circuit affirmed on Monday, agreeing with a lower court that the exclusion is ambiguous.

  • July 10, 2017

    Insurer Doesn't Owe More For Reality TV Cameraman's Death

    A Chubb Ltd. unit doesn't have to pay an additional $1.25 million to the parents of a cameraman who was killed in a helicopter crash while working on a reality TV show for Discovery Channel, a California federal judge ruled Friday, finding that the cinematographer wasn't a covered employee under the relevant policy provisions.

  • July 10, 2017

    Will ACA Repeal Pass? Here's What 11 Experts Think

    After more than seven years, Affordable Care Act repeal efforts are hurtling toward a dramatic denouement in coming weeks, and Law360 on Monday surveyed health policy insiders for predictions on whether Republicans will manage to gut the landmark law. Here’s what they expect.

  • July 10, 2017

    Insurer Must Cover Trucking Co. In Crash Suit, Judge Says

    A Missouri federal judge ruled Monday that an insurer must defend a trucking company in an underlying lawsuit by the wife of a trucker who died in a crash while on duty, saying the insurer can’t invoke an exclusion in the policy for bodily injury to employees since the company’s drivers qualify as independent contractors.

  • July 10, 2017

    5th Circ. To Review If Maritime Law Applies To Well Injury

    The Fifth Circuit agreed on Friday to review whether the involvement of a barge-mounted crane is sufficient to shift a case over an injury incurred during work on an offshore gas well from being governed by state to maritime law.

  • July 7, 2017

    Skelos Star Witness Out As Head Of Med Mal Insurance Firm

    The man integral to New York prosecutors’ corruption case against former state Senate leader Dean Skelos has been ousted from control of the state’s second-largest medical malpractice insurance company amid allegations of self-dealing and mismanagement, Physicians’ Reciprocal Insurers announced Thursday.

  • July 7, 2017

    AIG Unit Owes $5M For Investor Deal, 9th Circ. Affirms

    The Ninth Circuit on Friday affirmed that an AIG affiliate must cover $5 million of a settlement over software company Magma Design Automation Inc.'s alleged stock inflation amid a patent infringement suit, rejecting the insurer's contention that the underlying claims fell within an earlier policy period.

  • July 7, 2017

    Insurer Says It Needn't Defend Resort Against $1M TCPA Suit

    The Cincinnati Insurance Co. asked an Illinois federal judge Thursday for a declaratory judgment that it doesn't have to defend a Missouri resort against a putative class of people suing it under the Telephone Consumer Protection Act who are expected to settle their suit for over $1 million.

  • July 7, 2017

    Texas Insurance Agency Owner Gets 7 Years For $4.6M Fraud

    The owner of an insurance agency who pled guilty to charges he ran a scheme to defraud Ace European Insurance Co. out of more than $4.6 million was sentenced Friday to 87 months in prison for wire fraud and aiding and abetting in the scam he carried on for 11 years.

  • July 7, 2017

    Insurer Must Defend Transporters' Cleanup Case, Judge Says

    A Texas federal judge on Friday ruled that an AIG affiliate must defend a pair of waste transportation companies in litigation over environmental cleanup efforts at a Superfund site, holding that no policy exclusions apply to bar coverage.

  • July 7, 2017

    Nationwide Stuck With $8M Bad Faith Award, 11th Circ. Says

    The Eleventh Circuit on Friday refused to let Nationwide off the hook for an $8 million award over the insurer's failure to settle claims against a policyholder who was hit with a massive judgment in litigation regarding a fatal car crash, finding that a lower court didn't err in its pretrial rulings or jury instructions.

  • July 7, 2017

    Justices Told Case Complexity Led To Dismissal, Sanction

    A New York attorney who was sanctioned with the dismissal of a False Claims Act suit against Allstate Insurance Co., FedEx Corp. and dozens of other companies has taken his case to the U.S. Supreme Court, arguing that a magistrate may have been more concerned about workload than pleading deficiencies.

  • July 7, 2017

    Dickstein Atty Coverage Row Doesn't Belong In DC, Court Told

    A Lloyd's of London underwriter facing a claim over a $64 million malpractice award against an attorney from now-defunct Dickstein Shapiro LLP can't defend itself in D.C. court, Mahattan Beachwear LLC, which owns the claim, told the D.C. Circuit on Thursday, because MBW has no ties to the district.

  • July 7, 2017

    8th Circ. Won't Revisit 3M's Ponzi Coverage Loss

    The Eighth Circuit denied a rehearing bid by 3M over Ponzi scheme investment losses on Friday, ignoring 3M's protests that the appeals court essentially interpreted extraneous language into an insurance policy.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Senate Bill May Force Rise In Suits For Opioid Funding

    Adam Fleischer

    As the Senate seeks to reduce funding and services for opioid addiction, states and governments seeking new sources of funding may have increased incentive to sue manufacturers and distributors of prescription opioids. An increase in suits may shift the financial burden of the opioid crises to the pharmaceutical defendants and their liability insurers, say Adam Fleischer and Patrick Bedell of BatesCarey LLP.

  • Regulatory Scrutiny In Insurance M&A Transactions Is Rising

    Robert Fettman

    A new era of increased regulatory scrutiny over insurance company mergers and acquisitions transactions appears to be dawning, if recent events are any indication. In this environment, it would behoove potential acquirers to be well versed in current regulatory expectations to securing statutory approval of a deal, says Robert Fettman of Hogan Lovells US LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Policyholders Must Assess Outside Counsel Guidelines

    John Scordo

    Insurers will often attempt to restrict the activities and fees of defense attorneys through the use of outside counsel guidelines. Such guidelines are not unilaterally binding and, if improperly applied, can raise the possibility of ethical violations if attorneys adhere to the restrictions in the guidelines against their better professional judgment, says John Scordo of K&L Gates LLP.

  • Why Actuarial Equivalence Matters For Medicare Advantage

    Ursula Taylor

    The requirement of actuarial equivalence presents interesting implications for Medicare Advantage organizations, the Centers for Medicare and Medicaid Services and other stakeholders keen on ensuring the fairness and equity of the Medicare Advantage payment process, given the propensity for error in identifying and reporting diagnosis coding, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why The Corrosion Exclusion Remains Strong: Part 2

    Philip Silverberg

    The Second Circuit's decision in Lantheus v. Zurich last year represents a strong rebuke of the narrow definition of "corrosion" advanced by some in the insurance industry. Also reinforced is the principle that anti-concurrent causation language means exactly what it says, say attorneys with Mound Cotton Wollan & Greengrass LLP in the final part of this article.

  • Calif. Does Not Bar Defense Coverage For 'Willful Acts'

    Darren Teshima

    Although California Insurance Code Section 533 prohibits insurers from indemnifying policyholders for their intentional misconduct, insureds should carefully review applicable policies to see if policy language creates at least a reasonable expectation for defense coverage, say Darren Teshima and Harry Moren of Orrick Herrington & Sutcliffe LLP.