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Insurance

  • June 6, 2018

    Calif. Employers Get Coverage Relief On Negligent Hire Suits

    California’s highest court has given the state's employers peace of mind with its Monday ruling that an insurance carrier’s defense obligation can be triggered by claims that a company failed to properly vet or supervise a worker who then intentionally hurts someone, attorneys say.

  • June 5, 2018

    Allstate, Sheppard Mullin Atty Fight Sanctions At 9th Circ.

    Allstate urged the Ninth Circuit on Tuesday to toss a magistrate judge’s imposition of nearly $14,000 in sanctions against it and its Sheppard Mullin Richter & Hampton LLP attorney in a medical billing case, arguing the magistrate wanted to sanction Allstate for its settlement position and searched out minor violations to justify doing so.

  • June 5, 2018

    Insurer Says It's Not Liable For Suit Over Boat Propeller Injury

    United States Fire Insurance Co. sued policyholders including the Hawaiian Canoe Racing Association and others Monday in Hawaii federal court, saying it doesn't have to cover underlying personal injury claims they face after a racer was severely and life-alteringly hurt by an escort boat's propeller just before an annual canoe race.

  • June 5, 2018

    Chancery Picks Lead Firms For Towers Watson Merger Suit

    Grant & Eisenhofer PA and Kessler Topaz Meltzer & Check LLP won a closely matched lead counsel contest Tuesday for a Delaware Chancery Court suit alleging fiduciary duty breaches in Towers Watson & Co.’s $18 billion merger with insurance brokerage Willis Group Holdings PLC.

  • June 5, 2018

    Insurer Can't Duck Bad-Faith Claims In $5M Med Mal Suit

    An Illinois federal judge declined to hand a quick win to an insurer accused of bad faith after it declined to settle a medical malpractice case for $1 million and wound up with a jury verdict of $5.2 million, saying Tuesday that material issues of fact remain over how the insurance company assessed the case and the damage it caused the surgery center it had insured.

  • June 5, 2018

    Attys Seek Fees After $1.6M Deal In Anthem Autism Suit

    The class counsel for nearly 200 children diagnosed with autism asked an Indiana federal judge Monday for more than $500,000 in attorneys’ fees after securing a $1.6 million settlement with Anthem over claims that the insurer’s coverage policy flouted federal benefits law.

  • June 5, 2018

    White House Tinkers With Spending Pullback Plan

    The White House picked at the edges of Congress' proposed spending cuts Tuesday, making some changes to, but mostly standing by, a plan to pull back $15 billion in already authorized spending for health care, car technology research and other areas.

  • June 5, 2018

    FTC Wants More Info On $1.2B Title Insurance Deal

    Title insurance giant Fidelity National Financial Inc. said in a regulatory filing Monday that the U.S. Federal Trade Commission has issued a second request for information about its planned $1.2 billion purchase of real estate services provider Stewart Information Services Corp.

  • June 5, 2018

    Travelers Wants Defense Costs Back From Colo. Contractor

    Travelers Indemnity slapped a general contractor with a suit in federal court on Tuesday, seeking a refund for the money the insurer spent defending Colorado Structures Inc. in a construction defect suit before learning it had no duty to.

  • June 5, 2018

    NJ Judge's Errors Strip Atty Of No-Jail Deal In Fraud Case

    A New Jersey attorney accused of insurance fraud cannot remain in a diversionary program because a judge improperly reconsidered another judge's rejection of the lawyer's application and then interfered in plea talks, a state appeals court said Tuesday in remanding the case for trial.

  • June 5, 2018

    Del. TIAA Case May Reshape Disgorgement Claims Coverage

    Delaware’s high court will hear arguments Wednesday in three insurers’ appeal of a judgment requiring them to cover TIAA’s costs to defend and settle class actions alleging that the retirement services giant profited from fund-transfer delays, and attorneys say a ruling affirming the award could help policyholders secure coverage of suits seeking disgorgement of illicit gains.

  • June 4, 2018

    Humana, Drug Cos. Settle In Aggrenox Pay-For-Delay Row

    Insurer Humana Inc. told a Connecticut federal court Friday it reached a confidential settlement with Teva Pharmaceutical and Boehringer Ingelheim, so its claims that the drugmakers blocked generic alternatives to the stroke-prevention drug Aggrenox from coming to the market could be tossed.

  • June 4, 2018

    Express Scripts, CVS Want EpiPen Cost ERISA Suit Tossed

    Express Scripts Holding Co., CVS Health Corp. and other pharmacy benefit managers urged a Minnesota federal judge Friday to toss a proposed class action alleging that they breached their Employee Retirement Income Security Act duties and caused large increases to EpiPen’s list price, arguing that the companies weren’t fiduciaries subject to the law.

  • June 4, 2018

    Ed Tech Co. Not Covered For FCA Suit, 9th Circ. Affirms

    The Ninth Circuit on Monday upheld a lower court’s finding that a suit alleging an educational technology company paid improper employee bonuses fell under the “professional services” exclusion in its policy with Scottsdale Insurance, saying the bonuses affected the company’s professional clients.

  • June 4, 2018

    Olin Blasts Bid For Win By Lamorak After $55M Order

    Chemical maker Olin Corp. has asked a New York federal court to shut down Lamorak Insurance Co.'s request to go after fellow insurers to pay off a $130 million judgment, saying it would reward Lamorak for bad behavior and punish the other insurers for settling early on.

  • June 4, 2018

    Negligent Hiring Claims Covered By Policy: Calif. Justices

    California’s high court ruled Monday that a Liberty Mutual unit must cover the costs of a construction company to defend against claims it negligently hired and failed to supervise a former employee who sexually assaulted a middle school student, finding that the builder’s conduct fits the definition of an accident in L&M's policy.

  • June 4, 2018

    Reinsurance Co. Nets Higher Plan Funding Offer At Auction

    Bankrupt reinsurance firm Scottish Holdings Inc. received court approval Monday in Delaware for a plan sponsorship offer worth nearly $10 million more than an initial stalking horse bid previously approved by the court.

  • June 4, 2018

    End-Payor Attys Want $16M From $43M Medicis, Impax Deals

    Motley Rice LLC and Hilliard & Shadowen LLP asked a Massachusetts federal judge Friday for a one-third cut plus $1.6 million in litigation expenses from $43 million in settlements they secured from Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • June 4, 2018

    Insurer To Pay $64.5M To End SEC Life Insurance Fraud Row

    Pacific West Capital Group Inc. agreed Monday to pay the U.S. Securities and Exchange Commission disgorgement of $57.4 million and $6.3 million in prejudgment interest to end claims in California federal court that it defrauded investors in the sale of fractionalized interests in universal life insurance policies.

  • June 4, 2018

    Lathrop Gage Hires 4 Insurance Pros For Los Angeles Office

    Lathrop Gage LLP expanded its Los Angeles office with the addition of Scheidemantle Law Group PC's team of four attorneys, who bring with them expertise in insurance recovery and product liability litigation, the firm said on Monday.

Expert Analysis

  • Taxing Life Settlements Investment Funds Under The TCJA

    Brian Casey

    Depending on the facts, the Tax Jobs And Cuts Act's new rule requiring a three-year holding period for long-term capital gain taxation of a carried profits interest might not apply to an investment manager's carried interest in a life settlements investment fund, say attorneys with Locke Lord LLP.

  • 9th Circ. Highlights Importance Of Cyber Liability Insurance

    ​​​​​​​Jennifer Senior

    In Aqua Star v. Travelers, the Ninth Circuit affirmed last month that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, reminding insureds to obtain more specialized insurance for the increasingly common threat of social engineering crimes, say Jennifer Senior and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Foiling The Expert Battle In First-Party Property Cases

    Eric Bowers

    Expert witnesses are often crucial to coverage and damages issues in first-party property insurance cases. By using evidentiary rules and case law to challenge the other side's expert opinions, you might just win the war without ever having to engage in a battle of the experts, say Eric Bowers and Victoria Vish of Zelle LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Lessons From 4 Recent Athlete Insurance Lawsuits

    Richard Giller

    This month, former University of Arkansas star running back Rawleigh Williams III sued Lloyd's of London, seeking to recover $1 million under a permanent total disability insurance policy. This is one of several recent cases shining a spotlight on the murky world of specialized athlete policies and the brokers who procure such policies, says Richard Giller of Reed Smith LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.

  • Self-Insured Retentions: Whose Money Really Counts?

    Blake Dillion

    Insurers often claim that only the named insured can satisfy a policy's self-insured retention, but insurers do not always get their way. Courts are reluctant to relieve insurers of their obligations due to a named insured's insolvency and often look for reasons to allow other parties to satisfy the self-insured retention, says Blake Dillion of Payne & Fears LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.