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  • 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.

  • October 3, 2018

    Cigna Names GC To Guide Co. Post-Express Scripts Merger

    Cigna Corp. has named Nicole S. Jones general counsel of the combined company created by its $67 billion purchase of pharmacy benefits manager Express Scripts Inc., the same position she previously held with the health insurer.

  • October 3, 2018

    Merrimack Loan Fraud Coverage Dispute Sent To Arbitration

    An insurance dispute over losses suffered by Merrimack College from an employee’s $6 million fraudulent student loan scheme is headed to arbitration, a Massachusetts federal judge ruled Tuesday after the college disputed a forensic accountant’s assessment of the coverage.

  • October 3, 2018

    Insurer Must Defend Salvage Co. In Fire Suits, Pa. Court Says

    A Pennsylvania appeals court on Wednesday ruled that Tuscarora Wayne Insurance Co. must defend and indemnify vehicle salvage company Hebron Inc. in litigation over property damage stemming from a large fire at Hebron’s facility in 2014, reversing a lower court and holding that a policy exclusion for claims related to business activities doesn’t apply.

  • October 3, 2018

    Claims Co. Can't Duck Row Over Lowball Offer, 1st Circ. Told

    The estate of a woman who died in a nursing home has urged the First Circuit to reinstate a Massachusetts federal court's initial finding that an insurance claims administrator’s $2 million settlement offer wasn’t reasonable or timely, arguing that it was too small and too late to satisfy consumer protection laws.

  • October 3, 2018

    Greenwich Hit With $15M Bad Faith Award In Trespass Row

    A Kentucky jury has found Greenwich Insurance Co. must pay more than $15 million in compensatory and punitive damages to property owners after concluding the insurer acted in bad faith by refusing to cover an energy company's settlement of claims that it trespassed on multiple properties to extract natural gas.

  • October 3, 2018

    Insurers Slammed At Trial Over Iran Sanctions Argument

    A mining company told a London judge Tuesday that several American-owned insurers are violating English criminal law by relying on U.S. nuclear sanctions to refuse to cover the theft of $3.8 million worth of steel from an Iranian port.

  • October 3, 2018

    EU Insurers Demand Delay On Tough Global Accounting Rules

    European insurers called on Wednesday for a two-year delay to the introduction of onerous new accounting standards due to take effect in 2021 as they urged the regime’s architects to “reopen” the rulebook and make sweeping changes.

  • October 2, 2018

    Wells Fargo Auto Insurance Cleanup Not There Yet, Sens. Told

    The head of the Office of the Comptroller of the Currency told senators Tuesday that his agency is working with Wells Fargo leadership on remediation for hundreds of thousands of customers who were forced to buy unnecessary auto insurance but is “not comfortable where we are with them.”

Expert Analysis

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.

  • SEC Action Brings Lessons For Quantitative Fund Managers

    Brian Daly

    The U.S. Securities and Exchange Commission last week announced settlements with Aegon and several of its affiliates for alleged misconduct involving faulty quantitative investment models. The case illustrates the pitfalls of implementing an ambitious investment program poorly, say Brian Daly and Anna Maleva-Otto of Schulte Roth & Zabel LLP.

  • Insurance In The Age Of Vehicle Autonomy And Ride-Sharing

    Robert Campedel

    Programs involving the use of autonomous vehicles by parties other than direct owners, such as ride-share, peer-to-peer, and leasing and rental programs, create new insurance issues for manufacturers, owners, lessors and users of autonomous vehicles, says Robert Campedel of Eckert Seamans Cherin & Mellott LLC.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Calif. Public Disclosure Rule May Mean Trouble For Insurtech

    Nicholas Gregory

    In the debate between transparent underwriting and the protection of trade secrets, the California Department of Insurance has conclusively picked a side with a recent opinion. However, the CDI has not necessarily picked the winning side as a matter of law, and the issue is likely to wind up in courts soon, say Nicholas Gregory and Shawn Hanson of Akin Gump Strauss Hauer & Feld LLP.

  • The Potential Reach Of High Court's AmEx Antitrust Analysis

    Barry Reingold

    As lower courts decide whether to apply the U.S. Supreme Court's AmEx decision to other types of two-sided markets, the key question will be whether allegedly anti-competitive conduct on one side of a platform may be credibly constrained by indirect network effects on the other, say Barry Reingold and David Chiappetta of Perkins Coie LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.