• March 7, 2018

    Bards Of The Bench Pen Spirited Ruling In $18M Wine Row

    A California appellate panel on Wednesday, in the words of the Bard of Avon, agreed with a lower court that a man who spent $18 million on counterfeit fine wine did not sustain a loss to property and is not entitled to coverage under his insurance policy.

  • March 7, 2018

    Blue Cross, Takeda Settle Actos Cancer Claims

    Blue Cross and Blue Shield of Massachusetts and drug manufacturer Takeda Pharmaceutical Co. Ltd. told a Massachusetts federal court on Wednesday they have settled dozens of claims by the insurer alleging that a link between Actos and bladder cancer was long known to Takeda, the latest in a long string of settlements involving the diabetes treatment.

  • March 7, 2018

    Insurer Needn't Cover $5M HIPAA Probe Costs, 9th Circ. Says

    The Ninth Circuit on Wednesday upheld a California district court’s finding that Allied World Assurance Co. does not have to cover the $5 million Millennium Laboratories racked up defending against a federal Health Insurance Portability and Accountability Act investigation.

  • March 7, 2018

    Wash. Court Backs Insurance Atty DQ In Wrongful Death Suit

    A Washington appeals court has ruled that insurer-appointed lawyers defending the estate of a boy killed in a car crash may not then withdraw from that position only to later oppose the estate representative on behalf of the boy’s parents.

  • March 7, 2018

    City Can't Shake Coverage Suit Over Clean Water Act Claims

    An Ohio federal judge refused Tuesday to dismiss a suit over insurance coverage for underlying Clean Water Act claims connected to an Ohio city's approval of a large development, saying the case can stay in his court because a nonparty insurer whose joinder would have triggered dismissal needn’t be added.

  • March 7, 2018

    Dem AGs Knock DOL's 'Association Health Plans' Rule

    A coalition of 17 attorneys general from mostly left-leaning states and D.C. submitted joint comments to the U.S. Department of Labor on Tuesday, saying a proposed rule allowing employers to more easily form so-called association health plans would remove important consumer protections and invite fraud. 

  • March 7, 2018

    Diocese Claims Against Insurer Nixed In Sex Abuse Suits

    A Minnesota federal judge on Monday found that a Roman Catholic diocese in the state had not provided the details needed to support its claim that Arrowood Indemnity Co. lied or acted in bad faith when it refused to cover more than six dozen sexual abuse suits.

  • March 7, 2018

    Deputy AG Asks For Insurers' Help To End Opioid Crisis

    Deputy Attorney General Rod Rosenstein on Wednesday called on health insurers to aid law enforcement's efforts to end the nation's massive opioid epidemic, saying they can play a part in preventing needless prescribing of opioids.

  • March 6, 2018

    Lloyd's Urges 10th Circ. To Rethink Work Coverage Ruling

    Two London-based insurance associations are urging the Tenth Circuit to reconsider a recent ruling that upended New York law to find coverage for a general contractor whose product was damaged by a subcontractor, warning in their amicus curiae brief that the fallout from the policyholder-friendly opinion could rock “both the insurance and construction industries.”

  • March 6, 2018

    Lloyd's Sues Secretive Policyholder Over Hatton Garden Gold

    Underwriters at Lloyd’s of London have sued a bullion trading firm in New York state court over insurance coverage for gold stolen in the famous Hatton Garden burglary in 2015, saying the firm won’t say who it belonged to or how much there was and may have transferred key documents to Switzerland.

  • March 6, 2018

    NY AG Announces EmblemHealth Data Breach Settlement

    EmblemHealth has agreed to pay $575,000 and conduct a comprehensive risk assessment to resolve the New York attorney general’s probe into the exposure of more than 80,000 Social Security numbers through a mailing error, the regulator said in an announcement Tuesday during which he also discussed his push for stronger data security laws.

  • March 6, 2018

    Calif. Justices Grapple With Sexual Abuse Coverage Quandary

    A California builder on Tuesday urged the state's highest court to find that a Liberty Mutual unit must cover its liability for claims it negligently failed to supervise a former employee who sexually assaulted a middle school student, during a hearing in which the justices probed the intricacies of policy language and the intersection of insurance and tort law.

  • March 6, 2018

    Insurance Co. Wins Toss Of Native Schools' Benefits Suits

    A South Dakota federal judge on Monday agreed to toss suits from two schools chartered by the Oglala Sioux Tribe alleging the American United Life Insurance Co. made false representations regarding retirement plans for the educational facilities’ employees.

  • March 6, 2018

    PPG Retiree Class Seeks Quick Win In Health Benefits Suit

    A class of PPG Industries Inc. retirees accusing the company of rolling back lifetime health benefits that were promised in a series of union contracts urged a federal judge on Tuesday for a quick win on liability, a move accompanied by a similar bid from a subclass of retirees from an Ohio plant.

  • March 6, 2018

    Pa. Justices Query Process For 3rd-Party Insurance Claims

    Members of Pennsylvania’s highest court raised questions during oral arguments Tuesday about the extent to which injured workers must consent to lawsuits on their behalf by insurers to recover benefits paid out under their policies.

  • March 6, 2018

    Direct Contract Not Key To Insurance Coverage: Okla. Panel

    Three insurers must cover the owner of an oil pipeline that caught fire in several lawsuits despite their indirect contractual relationship to the energy company, an Oklahoma appeals court has found, breaking new ground in the state’s insurance law. 

  • March 6, 2018

    Seyfarth Guides Prudential's $185M Madison Ave. Loan

    Seyfarth Shaw LLP represented The Prudential Insurance Co. of America in connection with its $185 million loan to Ruben Cos. for an office and retail property on Madison Avenue in Manhattan, according to records made public in New York on Tuesday.

  • March 5, 2018

    Insurer Asks 11th Circ. To Nix $1.7M Transfer Fraud Coverage

    Ironshore Indemnity Co. on Monday urged the Eleventh Circuit to upend a Georgia federal judge's ruling that it must cover an information technology company's $1.7 million loss from a transfer induced by a fraudulent scheme, arguing that the lower court either ignored or misconstrued key language in the company's crime insurance policy.

  • March 5, 2018

    Patriot National's $15.5M DIP Loan Cleared With Changes

    A Delaware bankruptcy judge approved insurance service company Patriot National Inc.’s $15.5 million debtor-in-possession loan on Monday, but rejected the lender's bid for liens on future "avoidance action" recoveries of payouts just prior to the company's Chapter 11 filing.

  • March 5, 2018

    State Auto Wants Out Of Billy Goat Potato Chip TM Row

    State Auto Property and Casualty Insurance Co. told an Illinois federal court Monday it wants out of a suit claiming a potato chip maker stole the name of Chicago's Billy Goat Tavern, saying the company’s policy doesn’t cover willful intellectual property violations.

Expert Analysis

  • Encouraging Broader Use Of Equal Pay Act At 4th Circ.

    Michael Abcarian

    Given Title VII’s easier burden of proof, it has largely supplanted the Equal Pay Act as the law of choice for litigating gender-based pay discrimination lawsuits. However, the Fourth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration could change this and usher in a new age of pay discrimination lawsuits, says Michael Abcarian of Fisher Phillips.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Key D&O And Professional Liability Trends Of 2017

    Brandon Almond

    Last year saw a variety of important decisions concerning directors and officers and professional liability insurance coverage. One of the most common questions addressed was whether late notice under claims-made-and-reported policies warranted denying coverage, say Brandon Almond and Stacey McGraw of Troutman Sanders LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Direct Path To Connecticut Insurer May Not Be The Shortest

    Robert Helfand

    In Veilleux v. Progressive last month, a Connecticut federal court reminded us that important questions remain about a plaintiff's right to force a resolution of a coverage dispute between a tortfeaser and its insurer, says Robert Helfand of Pullman & Comley LLC.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Insurers' Broad Duty To Defend Employment Claims In Calif.

    Cheryl Sabnis

    The Ninth Circuit recently issued a long-awaited ruling in PHP Insurance Service v. Greenwich Insurance, bringing with it a helpful reminder to holders of employment practices liability insurance policies not to shy away from tendering employment claims to their insurers, says Cheryl Sabnis of King & Spalding LLP.

  • Coverage For Montecito Claims: Flood Or Fire?

    Meka Moore

    The destruction caused in Montecito and other areas of Southern California earlier this year appears to have been caused by flood, mudslide and mudflow, which are excluded under most property insurance policies. However, there is potential for homeowners to assert that the damage was actually caused by the Thomas fire, say Meka Moore and Jennifer Revitz of Selman Breitman LLP.

  • The Social Cost Of Carbon And Its Impact On Enviro Law

    John Lee

    The social cost of carbon is an important but little-known number underlying many environmental regulations. Though it is not widely discussed, it is important to understand for three primary reasons, says John Lee of Goldberg Segalla.