Insurance

  • May 15, 2017

    Gas Plant's Shutdown Not Covered, 9th Circ. Told

    Ace American Insurance Co. told the Ninth Circuit on Friday it didn't have to cover the shutdown of a Bio Energy LLC plant that converts landfill gases into pipeline-quality natural gas because the shutdown originated internally.

  • May 15, 2017

    DC Circ. Pauses MetLife SIFI Appeal As Critics Cry Foul

    The D.C. Circuit has granted MetLife Inc. a 60-day pause in the high-stakes battle over the insurer's “systemically important” designation, following an executive order for a review of financial regulations, even as one watchdog group blasted the executive order itself as a transparent ploy to derail the government's appeal.

  • May 12, 2017

    Provision In Law Firm's Policy 'Unintelligible,' Judge Says

    A California federal judge on Thursday ruled that Ironshore Specialty Insurance Co. can't rely on an endorsement in Brown & Streza LLP's $4 million professional liability policy to limit to $2 million the law firm's coverage for an underlying suit alleging it gave bad tax advice to a former client, calling the provision "unintelligible."

  • May 12, 2017

    Calif. Justices Reject Mercury's Insurance Rate Challenge

    The California Supreme Court has declined to review an appeals court's decision upholding an order requiring Mercury Casualty Co. to reduce its homeowners insurance rates, ending a legal battle between the insurer and the state's insurance commissioner, court records show.

  • May 12, 2017

    Ill. Panel Revives Claim For Coverage Of Minor's Bullying

    An Illinois appeals court has reversed a lower court ruling that a family's counterclaim against American Family Mutual Insurance Inc. was time-barred after the family unsuccessfully tried to use their homeowners insurance for a lawsuit claiming their son had bullied another minor.

  • May 12, 2017

    Lloyd's Hit With $41.6M Verdict In Offshore Rig Damage Row

    Following a five-week trial, a panel of jurors in Harris County on Friday returned a $41.6 million award in favor of Prime Natural Resources in its coverage dispute with insurer Lloyd's over damage caused to a drilling rig in the Gulf of Mexico during Hurricane Rita in 2005.

  • May 12, 2017

    MF Global Wary Of Insurer's Nixed Jurisdiction Challenge

    MF Global told a New York bankruptcy court on Friday that although Allied World has abruptly dropped its personal jurisdiction challenge to a coverage dispute, the insurer is likely to show similar inconsistencies, particularly if the case goes to arbitration in Bermuda.

  • May 12, 2017

    Calif. Law Bars Boeing-Aetna Benefits Clause, 9th Circ. Says

    The Ninth Circuit on Thursday reversed a district court ruling that allowed Aetna Life Insurance Co. to deny long-term disability payments to a Boeing worker who suffers from chronic pain and fatigue disorders, finding a California law that strips a plan administrator’s final say on benefits payouts applies.

  • May 12, 2017

    Doc Guilty Of False Billing For Precancer Treatments

    A Chicago dermatologist has been found guilty by an Illinois federal jury of defrauding the government and private insurers by submitting bills falsely alleging that he diagnosed and treated patients with precancerous skin lesions.

  • May 12, 2017

    Insurer Can Cancel Doc's Med Mal Policy, Ind. Court Says

    An Indiana appeals court on Thursday OK'd the rescission of a surgeon's medical malpractice insurance policy from Lancet Indemnity Risk Retention Group Inc., saying important facts were misrepresented on the policy application, whether intentionally or not.

  • May 12, 2017

    Texas Justices Allow Suit Over Welder's Canceled Policy

    A finance company that canceled a welding company’s insurance policy following its late payment of premiums can’t avoid liability in the company’s suit claiming it was unfairly hit with a $6 million judgment tied to a fire that occurred days after the policy was ended, the Texas Supreme Court held Friday.

  • May 12, 2017

    Anthem Kills $54B Cigna Merger After Delaware Loss

    Anthem on Friday terminated its planned $54 billion Cigna buy and outlined plans to seek damages from its former merger partner the day after a Delaware Chancery judge rejected its bid for a temporary block on Cigna’s efforts to end the deal amid antitrust roadblocks.

  • May 11, 2017

    Insurer Won't Cover Cantor Colburn For Sanctions In IP Suit

    An insurance company on Tuesday sued IP boutique Cantor Colburn LLP in Indiana federal court, saying it shouldn’t have to cover sanctions that defendants in an underlying patent infringement suit are seeking after the court found that the firm and its client had “intentionally” misled the U.S. Patent and Trademark Office.

  • May 11, 2017

    Excess Insurer Says Akorn Not Covered For $20M Verdict

    Excess insurer Ironshore Specialty Insurance Co. on Thursday asked an Illinois federal court to rule that it doesn't have to cover any part of a $20.5 million jury verdict rendered against Akorn Inc. in a lawsuit alleging the pharmaceutical maker failed to warn of dangerous interactions between one of its products and common medications.

  • May 11, 2017

    Allstate Can't Duck Crash Victims' Medical Exam Suit

    A provision in Allstate car insurance policies that allegedly required auto policyholders involved in car accidents to undergo physical examinations by doctors the insurer selected in order to get medical benefits could violate Pennsylvania law, a federal judge ruled Wednesday.

  • May 11, 2017

    Greenberg's AIG Loss Strengthens Gov't's Crisis Powers

    The Federal Circuit's decision reversing Maurice R. "Hank" Greenberg's win in his campaign against the U.S. government over its bailout of American International Group Inc. was the latest in a string of defeats for investors challenging financial crisis bailouts, and could further strengthen the government's hand in future crises, experts say.

  • May 11, 2017

    NY Banking Regulator Sees Leeway To Ban Bad Actors

    The head of the New York State Department of Financial Services said Thursday that she believes she has the authority to ban individuals from financial industries in the state over serious misconduct, despite the failure of a state bill to that effect last month.

  • May 11, 2017

    Ex-AFL Player's Concussion Claims Against League Tossed

    A Louisiana federal judge Wednesday dismissed a former Arena Football League player's concussion claims against his former employer, saying football's brain injury risks are not high enough to bypass the state workers' compensation law.

  • May 11, 2017

    Builder Gets Help In Insurance Fray At Calif. High Court

    A policyholder advocacy group and two Christian organizations urged California's high court Wednesday to rule that an employer's negligent hiring or supervision of a worker who intentionally injures a third party is an accidental "occurrence" under a general liability insurance policy, saying state precedent supports that conclusion.

  • May 11, 2017

    Anthem Denied Injunction To Keep Cigna In $54B Merger

    A Delaware Chancery judge late Thursday rejected Anthem Corp.’s bid for a 60-day block on Cigna Inc.’s declared intent to terminate what was once a $54 billion merger of the two health insurers, saying Anthem’s prospects for overcoming multiple challenges to the deal are slim.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Defining An Occurrence For Sexual Abuse Cases

    Katharine Thompson

    In Diocese v. Duluth, the Bankruptcy Court for the District Court of Minnesota ruled last month that each instance of sexual abuse counted as a separate trigger of insurance coverage. This decision clashes with a recent decision made by a Pennsylvania court, indicating that courts across the country will continue to grapple with trigger and number of occurrence issues related to sexual abuse, says Katharine Thompson of Gordon Rees ... (continued)

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Calif. Insurance Regulation Defies Trump’s America

    Nathaniel Braun

    As California finds itself at odds with the Trump administration, the state is actively working to cement its regulatory framework over hot-button issues that will have knock-on impacts on the insurance industry. Gov. Jerry Brown will likely seek to strengthen the state's regulatory power, and the California courts have recently decided two major cases in favor of the Department of Insurance, says Nathaniel Braun of Selman Breitman LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline

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    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • When Indemnitors And Indemnitees Jointly Cause A Loss

    Jeremy Lawrence

    The California Court of Appeal's recent decision in Oltmans v. Bayside shows how a simple modifying phrase can avoid the uncertainty created by less precise language when both the indemnitor and indemnitee are responsible for a loss, says Jeremy Lawrence of Munger Tolles & Olson LLP.