Insurance

  • September 12, 2017

    Insurer Slams Bid For Early Win In $50M Pollution Fight

    Westfield Insurance Co. asked an Indiana federal judge Monday to reject a summary judgment motion from the neighbors of a recycling plant who are seeking the insurer’s contribution to a more than $50 million judgment in their class action over pollution, saying that they have no grounds to block its policy defense.

  • September 12, 2017

    Insurer Can't Duck Egg Producer's Bid For $2M After Bird Flu

    A Minnesota federal judge found Tuesday that Illinois Union Insurance Co. can’t duck out of paying a Midwest egg farm operator up to $2 million for the replacement of more than 8 million chickens in the wake of a bird flu outbreak.

  • September 12, 2017

    Real Estate Rumors: Evocative, Pacific Life, Fortis

    Data center firm Evocative is said to have leased 42,000 square feet in downtown Los Angeles, a joint venture that includes Pacific Life has reportedly dropped $125.1 million on a Chicago apartment tower, and Fortis Property is said to have scored $297 million in financing for a Brooklyn mixed-use project.

  • September 12, 2017

    No New Trial For Doc Who Lied About Cosmetic Procedures

    A Chicago dermatologist convicted of passing off cosmetic procedures as medical treatments to insurance companies is not entitled to a new trial, an Illinois federal judge ruled Monday, saying that there was evidence to support a conviction and that a prosecution overstep had not resulted in an unfair trial.

  • September 12, 2017

    High Court Asked To Review Insurance IP After AIA Decision

    Integrated Claims has asked the U.S. Supreme Court to review a Federal Circuit ruling affirming two Patent Trial and Appeal Board decisions invalidating two of its patents under Alice, noting that its petition should be held until the high court determines whether America Invents Act reviews are unconstitutional.

  • September 12, 2017

    Health Plans Want RICO Suit Against Abbott Rebooted

    A proposed class of health benefit plans asked the Seventh Circuit to reboot their Racketeer Influenced and Corrupt Organizations Act suit against Abbott Laboratories Inc. over the drug Depakote on Tuesday, claiming they were the victims of the company’s promotion of the drug for off-label use.

  • September 11, 2017

    Dairy Co. Loses Bid For Manure Contamination Suit Coverage

    A group of insurance companies don't have to cover a large-scale dairy operation's costs to defend or settle a lawsuit alleging its inadequate manure disposal methods caused groundwater contamination, a Washington federal judge ruled Monday, finding that coverage is barred under a pollution exclusion in the insurers' policies.

  • September 11, 2017

    Insurer Must Cover Water Damage To VA Center: Calif. Court

    A California appellate court on Friday affirmed that a building subcontractor's insurance policy covers general contractor Kadena Pacific Inc.'s damages from water intrusion at a U.S. Department of Veterans Affairs project and also reinstated a portion of Kadena's jury award that had been nixed by the lower court.

  • September 11, 2017

    Expired Deadline Bars Tax Deficiency Assessment: Court

    The U.S. Tax Court found Monday that a return filed on behalf of Capital Fire Insurance Co. by its successor company was sufficient to toll the statute of limitations on an alleged tax violation by the pre-reorganization business.

  • September 11, 2017

    NJ Appeals Court Revives Home Defects Coverage Suit

    A homebuilding company’s expert was owed more consideration in a dispute with an insurer over payment of a judgment against a subcontractor sued over damage caused by allegedly shoddy construction work, a New Jersey appeals court said in reviving the coverage suit Monday. 

  • September 11, 2017

    5th Circ. Urged To Rethink Asbestos Excess Coverage Ruling

    Trinity Lloyd's Insurance Co. asked the Fifth Circuit on Friday to reconsider an August ruling that asbestos claims fall under the pollution exemption in a U.S. Fire Insurance Co. excess policy.

  • September 11, 2017

    Pa. Justices Won't Put Insurer On Hook For Engineer's Fees

    The Pennsylvania Supreme Court refused Friday to hear the appeal of a decision that found state law doesn’t count engineering services as “labor” for the purpose of collecting on a highway project contractor’s bond.

  • September 11, 2017

    5 Biggest Client Questions After Hurricane Harvey

    In the wake of Hurricane Harvey, businesses along the Texas coast have been seeking legal guidance on how best to track and repair property damage, to help employees get back on their feet and back to work, and to restore operations after the storm's widespread flooding. Here, Law360 takes a look at five of the biggest issues Texas law firms are helping clients work through.

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

  • September 8, 2017

    UPS Can't Duck ERISA Suit Over Benefits Cap, 9th Circ. Says

    The Affordable Care Act doesn’t bar lifetime benefit caps in retiree-only benefit plans governed by the Employee Retirement Income Security Act, the Ninth Circuit ruled Friday, but it said that UPS and its insurer can’t escape claims they misled a UPS retiree and his wife as to whether their plan had a lifetime limit.

  • September 8, 2017

    Auto Finance Co. Denied $1.68M Ill. Tax Refund

    An Illinois tax tribunal denied a bid by Aon PLC subsidiary Premier Auto Finance Inc. to recoup $1.68 million in state income taxes, finding the sale of insurance financing qualified as sales financing for tax purposes.

Expert Analysis

  • NY Regulations Set The Bar High For Cybersecurity Standards

    Daniel Ilan

    New York’s cybersecurity regulations take effect on Aug. 28, marking a significant milestone in what is likely to be a new era in cybersecurity regulation on both a national and international level. The regulations are already playing a role in setting expectations for best practices across the financial services industry, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Can Your Insurance Weather The Coming Storms?

    Sherilyn Pastor

    In a dire warning issued on Aug. 9, the federal government’s lead hurricane forecaster stated that the coming months will be “extremely active.” As storms like Harvey continue to stir, corporate policyholders must focus on their insurance programs, say attorneys with McCarter & English LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Why Private Companies Shouldn’t Overlook D&O Insurance

    Sarah Katz Downey

    Although they may not have the shareholder base that public companies do, private companies have owners, investors and other stakeholders — and their directors and officers could be targeted in a variety of lawsuits based on management actions, say specialists with Marsh LLC and attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Getting The Most Out Of Your Reps & Warranties Insurance

    Joseph Rockers

    Companies seeking representations and warranties insurance policies should shop for coverage with the claims process in mind. Choosing a policy based on cost alone may be a false economy if the insurance carrier is inexperienced or lacks a track record of paying meritorious claims, says Joseph Rockers of Goodwin Procter LLP.

  • Applying Contractual Principles In Pa. Unfair-Trade Claims

    Charlotte Thomas

    Claims against insurers under Pennsylvania's Unfair Trade Practices and Consumer Protection Law occupy a unique place in its jurisprudence. Courts should be reluctant to ignore contractual principles when a UTPCPL claim arises out of an insurance policy, says Charlotte Thomas of Duane Morris LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.