• April 4, 2018

    MTA Owed Coverage In Battery Death Defense, 2nd Circ. Says

    The Second Circuit on Wednesday reversed a lower court and ruled that Harleysville Preferred Insurance Co. and Travelers must defend the Metropolitan Transit Authority in a lawsuit filed by the wife of a contractor's employee who was fatally crushed by a giant battery, saying a policy exclusion for injuries tied to the use of mechanical devices doesn't bar coverage.

  • April 4, 2018

    Pa. Court Revives $8M Blue Cross Negligent Supervision Suit

    A Pennsylvania appeals court on Wednesday revived an insurance agent’s $8 million lawsuit against a Blue Cross Blue Shield contractor over its alleged failure to halt accusations initiated by a co-worker that he engaged in homosexual prostitution in a company bathroom.

  • April 4, 2018

    China Regulator Greenlights $9.6B Anbang Investment

    China’s Anbang revealed Wednesday that the country's regulators have signed off on a 60.8 billion renminbi ($9.6 billion) capital injection from China Insurance Security Fund, as the troubled Chinese insurer looks for strategic shareholders after the government took over the company earlier this year.

  • April 4, 2018

    Retiree Class Rips PPG's Quick Win Bid 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 has shot back at the company's bid for a quick win, telling an Ohio federal judge on Tuesday that PPG has either “misapplied” ordinary contract principles or completely ignored them.

  • April 3, 2018

    SAC Capital, Founder Beat $8B Stock Scheme Suit In NJ

    Former hedge fund SAC Capital Advisors and its founder, Steven A. Cohen, have escaped an $8 billion lawsuit over an alleged scheme to lower Fairfax Financial Holdings Ltd.'s share price after a New Jersey state judge said the court did not have personal jurisdiction over the claims against them and related parties.

  • April 3, 2018

    NY Fed Selects SF Fed President For Top Slot

    The Federal Reserve Bank of New York said Tuesday that it’s found a new president and CEO in current San Francisco Fed chief John C. Williams, elevating the Stanford-trained economist to one of the Fed’s most powerful posts over objections from some Democratic lawmakers and advocacy groups.

  • April 3, 2018

    Real Estate Rumors: Blackstone, Peter Wood, Wells Fargo

    Blackstone has reportedly taken out another $305 million of debt against the Willis Tower in Chicago, Esure founder Peter Wood is said to have sold a Florida home for $18.25 million, and Wells Fargo has reportedly loaned $40 million for a Florida residential construction project.

  • April 3, 2018

    Insurer's Late Offer To Defend Can't Nix Builder's Suit

    A Washington federal judge Tuesday sided with a general contractor in a lawsuit over coverage for claims of allegedly shoddy work in building a mixed-use development, saying the insurer acted in bad faith despite a belated offer to defend the construction company from the underlying lawsuit.

  • April 3, 2018

    Apt. Complex's Policy Covers Water Damage But Not Pipe

    A North Dakota federal judge on Monday found an apartment complex was covered for water damage from a cracked water main even though its policy with Arch Specialty Insurance Co. doesn’t cover the pipe itself.

  • April 3, 2018

    Insurer Urges 11th Circ. To Reject Atty Fees In Fall Case

    Houston Specialty Insurance on Monday appealed more than $1 million in attorneys' fees awarded to a weatherproofing and construction firm and two employees, saying the trial court should not have issued the award before a related coverage suit was resolved, and also erred by multiplying the award.

  • April 3, 2018

    Insurer Ducks Coverage In Boy Scout Campground Injury Row

    A Pennsylvania federal judge said Monday that Keystone College's failure to sign an agreement allowing it to use a Boy Scout campground cleared Selective Insurance Co. of America from liability for injuries suffered by a student during an orientation event held at the site.

  • April 3, 2018

    Insurance Co. Urges 6th Circ. To Revive IRS Reporting Case

    An insurance company that sued the Internal Revenue Service for unfairly labeling it as a tax scammer in a notice on captive insurance companies asked the Sixth Circuit on Monday to reverse a district court’s dismissal of the case, claiming pre-enforcement review of an IRS notice is not barred by certain statutes.

  • April 3, 2018

    Insurer Needn't Cover Tuna Labeling Fight, 11th Circ. Says

    Auto-Owners Insurance Co. had no duty to defend tuna purveyor Anova Food Inc. in two false marketing suits brought by competitor King Tuna, the Eleventh Circuit affirmed on Tuesday, agreeing with a lower court that the allegations in the underlying actions fall squarely within an exclusion in Anova's policy.

  • April 3, 2018

    Microsoft Seeks Toss Of 'Wilderness Program' Coverage Suit

    Microsoft Corp. told a Washington federal court Monday that a putative class action asserting its health care plan improperly denied coverage of certain treatment services called "wilderness programs" should be tossed, arguing the plaintiffs had flipped their argument and were ignoring the plan's plain language.

  • April 2, 2018

    AIG, CNA Can't Prorate Ship Interior Co.'s Asbestos Coverage

    Ship interior company Hopeman Brothers Inc. can seek the full limits of AIG Inc. and CNA Financial Corp. excess insurance policies in a single year to cover costs tied to asbestos injury claims, a Virginia federal judge ruled on Monday, rejecting the insurers’ bid to restrict their potential coverage to a proportional share of the company’s losses.

  • April 2, 2018

    Defense Atty, Mass. Bar Pan DQ Bid In Corruption Case

    Boston attorney Howard Cooper of Todd & Weld LLP and the Massachusetts Bar Association on Monday assailed federal prosecutors who claim Cooper is too ensnared in former Democratic state Sen. Brian Joyce’s alleged fraud and racketeering activity to represent him at trial, saying the request for disqualification flies in the face of constitutional law.

  • April 2, 2018

    Patriot National D&O Payouts Can Resume, Judge Says

    The former directors and officers of Patriot National Inc. will be allowed to continue tapping into insurance policies held by the company to pay defense costs in a myriad of lawsuits surrounding Patriot after a Delaware bankruptcy judge ruled Monday that the issue is not for him to decide.

  • April 2, 2018

    9th Circ. Takes Lloyd's Off Hook For $5M Excess Policy Claims

    The Ninth Circuit on Friday said Lloyd’s of London does not have to pay $5 million on an excess policy into a shareholder settlement with a bankrupt subprime lender, saying the actual amount paid in the settlement does not exceed the policy limits.

  • April 2, 2018

    11th Circ. Says Sales Rep Is An Employee In Fall Fight

    The Eleventh Circuit on Friday upheld a lower court’s finding that a weatherproofing and construction company sales representative, who allegedly didn't properly inspect a roof before a contractor fell through it and became paralyzed, was an employee and is covered by a Houston Specialty Insurance policy.

  • April 2, 2018

    White Mountains Values NSM Insurance At $388M In Takeover

    White Mountains Insurance Group Ltd. has agreed to buy a majority equity stake in specialty property and casualty insurance company NSM Insurance Group in a deal that values NSM at $388 million, the company said Monday.

Expert Analysis

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 2

    P. Frye 300dpi - July 2015.jpg

    The Illinois Supreme Court should resolve the contradiction between two recent Illinois appellate decisions by ruling that whenever allegedly deficient policy language is delivered to an insured more than two years before a suit is filed, the suit should be dismissed, says Patrick Frye of Freeborn & Peters LLP in the final part of this article.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 1

    Patrick Frye

    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • Insurtech Is The Next Frontier For Texas Insurance

    Jennifer Gibbs

    Texas has shown strong interest in investing in insurtech startup companies, and insurers would be wise to implement insurtech innovations before being left in the dust. Though some view insurtech as a threat, it appears to be here to stay and will supply insurers with a wealth of information, say Jennifer Gibbs and Bennett Moss of Zelle LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.

  • Do Business Interruption Policies Cover Ransomware?

    Catherine Doyle

    Policyholders should look to the Rhode Island district court's decision in Moses v. Sentinel as a bellwether on coverage for business interruption and lost income claims associated with ransomware attacks, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.