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Insurance

  • August 6, 2018

    Humana Hits Generic-Drug Makers With Price-Fixing Claims

    Insurance giant Humana has slapped a host of generic-drug makers with a sprawling racketeering suit in Pennsylvania federal court alleging they conspired to hike prices on a range of everyday medications from muscle relaxers to antidepressants, resulting in "extraordinary" prices over a four-year period.

  • August 6, 2018

    Insurer Says It Has No Duty To Cover Go-Kart Accident

    Cincinnati Insurance Co. says it has no duty to defend a go-kart center from a lawsuit by the parents of a child who was thrown from one of its carts, arguing that exclusions in the policy for amusement rides bar coverage, according to a lawsuit filed in an Iowa federal court on Friday.

  • August 6, 2018

    Actavis At 5: Where Pay-For-Delay Litigation Stands

    It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.

  • August 6, 2018

    Travelers Sues Hospital's Insurer Over Sex Abuse Coverage

    An insurance company providing underlying excess liability coverage to a hospital where a staff doctor allegedly sexually abused more than 100 children is dodging its share of costs to resolve resulting lawsuits, Travelers Casualty and Surety Co. said in a suit filed in Connecticut federal court.

  • August 6, 2018

    New York Life Lends $131M For NJ Luxury Apartment Tower

    New York Life Real Estate Investors has lent $131 million to Roseland Residential Trust for a luxury apartment tower in New Jersey, according to an announcement on Monday from New York Life.

  • August 3, 2018

    Madoff Investor's $3.4M Deal Not Covered, 2nd Circ. Told

    Two Chubb Ltd. insurers on Thursday urged the Second Circuit to affirm that they don’t have to cover a nearly $3.4 million settlement that a victim of Bernard L. Madoff’s Ponzi scheme paid to resolve a clawback action brought by the Madoff bankruptcy trustee, saying a lower court properly held that the action didn’t trigger their policies’ personal injury coverage.

  • August 3, 2018

    Allstate’s Electrolux Dryer-Fire Claims Spread Over States

    A Pennsylvania federal court on Friday dropped most of the claims Allstate Insurance brought against Electrolux Home Products Inc. over fires sparked by allegedly defective clothes dryers, and dispersed the remaining cases to courts closer to where the fires occurred.

  • August 3, 2018

    Insurer Needn't Cover $8M Courthouse Defect Award: 5th Circ.

    The Fifth Circuit on Thursday affirmed that excess insurer U.S. Fire Insurance Co. doesn’t have to have to cover any of an $8 million award against Satterfield & Pontikes Construction Co. over faulty work at a courthouse, finding that S&P’s claim fails because subcontractors appear to have already paid all the portions of the award covered by U.S. Fire's policy. 

  • August 3, 2018

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

    The last week has seen a Russian businessman's telecom company forge ahead with a commercial fraud claim against Russia's VTB bank, ED&F Man Capital Markets sue a rival brokerage and U.K. insurer RSA initiate the court process to transfer policies to its new Luxembourg unit. Here, Law360 looks at those and other new claims in the U.K.

  • August 3, 2018

    NJ Hospital Wins Another Bid At $26M Insurance Repayment

    A New Jersey state appeals court on Friday reinstated Meadowlands Hospital Medical Center’s $26.3 million lawsuit to recoup unpaid or underpaid Medicaid and Medicare service payouts from insurance companies, ruling that more findings were needed to determine whether or not a lawsuit is the hospital’s last resort for relief.

  • August 3, 2018

    4 Insurance Battlegrounds To Watch In Wisconsin This Fall

    Wisconsin's highest court is poised to tackle a host of thorny insurance issues this fall, including what penalty an insurer should face for breaching its duty to defend a policyholder and whether a massive wildfire is one or multiple occurrences for coverage purposes.

  • August 3, 2018

    Liberty Mutual Can't Escape Doc's Suit Yet, 1st Circ. Says

    The First Circuit on Thursday vacated a summary judgment from a Puerto Rico district court for Liberty Mutual Insurance Co., ruling the insurer may still be on the hook for claims against a hospital administrator seeking coverage for a medical malpractice suit.

  • August 2, 2018

    3 Key Takeaways As Cities Sue Trump Over ACA 'Sabotage'

    Several large cities on Thursday launched a sprawling legal attack on the Trump administration for allegedly “sabotaging” the Affordable Care Act, teeing up high-stakes questions about the law’s future and executive branch power. Here, Law360 explores three key takeaways from the complaint.

  • August 2, 2018

    Pa. To Keep Tougher Rules For Association Health Plans

    Pennsylvania became the latest state to announce it will not enforce portions of a recent Trump administration rule that lets small companies and the self-employed band together to buy health insurance through the large-group market, telling two agencies Thursday that several rule provisions conflict with Keystone State law.

  • August 2, 2018

    Insurer Not On Hook For $1.5M Legal Malpractice Settlement

    The Massachusetts Appeals Court on Thursday affirmed that an insurance broker is not liable for a personal injury attorney choosing a malpractice coverage plan that did not cover his entire case history, which included a $1.5 million settlement with a client he caused to miss a statute of limitations.

  • August 2, 2018

    Anthem Bumps Autism Benefits Settlement Up To $1.9M

    An Indiana federal judge will allow Anthem and a class of children with autism to boost a settlement over the insurer’s coverage policy to $1.9 million, from $1.6 million, to account for 62 additional class members discovered after the agreement was granted early approval.

  • August 2, 2018

    Walmart Beats Insurer's Appeal In $1.7M Heater Fire Suit

    A Texas appeals court on Thursday affirmed that the property insurer for a Corpus Christi U.S. Postal Service office cannot seek to hold Walmart Inc. liable for $1.7 million in fire damage traced to a defective space heater allegedly sold by the retail giant, holding that the insurer’s suit fails under a state law shielding “innocent sellers” from product liability claims.

  • August 2, 2018

    Bowles Rice's $10M Coverage Bid Halved In Insurance Row

    Bowles Rice LLP’s professional liability insurer is on the hook for at most $5 million, not $10 million, to cover underlying claims that the law firm cost a title insurer tens of millions of dollars in a troubled power plant build, a federal judge in West Virginia has ruled.

  • August 2, 2018

    Senate Aims To Boost Checks On Foreign RE Ownership

    The U.S. Senate has approved a bipartisan measure that would set the stage for improvements to a U.S. Treasury Department initiative designed to prevent foreign nationals from laundering money by way of high-priced U.S. real estate deals.

  • August 2, 2018

    CNA Needn't Defend Atty DQ'd From Deepwater Deal

    A CNA Financial Corp. unit doesn’t have to cover costs Andry Law Group LLC and its principal incurred defending proceedings that led to the firm being barred from participating in the court-supervised settlement program for the Deepwater Horizon oil spill, a Louisiana federal judge ruled Thursday, saying the firm faced no claims for potentially covered damages.

Expert Analysis

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

    Melissa Jampol

    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.