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  • August 2, 2018

    Insurer Not On Hook For $1.5M Legal Malpractice Settlement

    The Massachusetts Appeals Court on Thursday affirmed that an insurance broker is not liable for a personal injury attorney choosing a malpractice coverage plan that did not cover his entire case history, which included a $1.5 million settlement with a client he caused to miss a statute of limitations.

  • August 2, 2018

    Anthem Bumps Autism Benefits Settlement Up To $1.9M

    An Indiana federal judge will allow Anthem and a class of children with autism to boost a settlement over the insurer’s coverage policy to $1.9 million, from $1.6 million, to account for 62 additional class members discovered after the agreement was granted early approval.

  • August 2, 2018

    Walmart Beats Insurer's Appeal In $1.7M Heater Fire Suit

    A Texas appeals court on Thursday affirmed that the property insurer for a Corpus Christi U.S. Postal Service office cannot seek to hold Walmart Inc. liable for $1.7 million in fire damage traced to a defective space heater allegedly sold by the retail giant, holding that the insurer’s suit fails under a state law shielding “innocent sellers” from product liability claims.

  • August 2, 2018

    Bowles Rice's $10M Coverage Bid Halved In Insurance Row

    Bowles Rice LLP’s professional liability insurer is on the hook for at most $5 million, not $10 million, to cover underlying claims that the law firm cost a title insurer tens of millions of dollars in a troubled power plant build, a federal judge in West Virginia has ruled.

  • August 2, 2018

    Senate Aims To Boost Checks On Foreign RE Ownership

    The U.S. Senate has approved a bipartisan measure that would set the stage for improvements to a U.S. Treasury Department initiative designed to prevent foreign nationals from laundering money by way of high-priced U.S. real estate deals.

  • August 2, 2018

    CNA Needn't Defend Atty DQ'd From Deepwater Deal

    A CNA Financial Corp. unit doesn’t have to cover costs Andry Law Group LLC and its principal incurred defending proceedings that led to the firm being barred from participating in the court-supervised settlement program for the Deepwater Horizon oil spill, a Louisiana federal judge ruled Thursday, saying the firm faced no claims for potentially covered damages.

  • August 2, 2018

    Albertsons Says FCA Suit Makes Same Claims As Earlier Ones

    National grocery company Albertsons LLC has urged a Texas federal court to dismiss a suit claiming it submitted false claims to Medicare and Medicaid for various drugs, arguing the same allegations had already been brought up in previous cases, one by the current plaintiff.

  • August 1, 2018

    Calif. Insurance Commish Asks DOJ To Block CVS-Aetna Deal

    California’s insurance commissioner urged the U.S. Department of Justice on Wednesday to block CVS Health Corp.'s planned $69 billion purchase of insurance provider Aetna Inc., saying the deal would drive up consumer costs and can’t be fixed.

  • August 1, 2018

    Fla. Clinics Faked $4.7M In Accident Bills, State Farm Says

    State Farm on Wednesday accused three Florida health care clinics and the individuals running them of defrauding the insurance company of more than $4.7 million by billing for unnecessary or unprovided treatments for patients in automobile accidents.

  • August 1, 2018

    Chubb Says It Needn't Pay Weinstein Sex Misconduct Defense

    Units of Swiss insurer Chubb Ltd. on Tuesday asked a New York federal judge to find they have no duty to defend Harvey Weinstein from a slew of lawsuits and a criminal indictment alleging sexual misconduct, saying their policies don't cover claims for intentionally harmful acts by Weinstein in his movie business.

  • August 1, 2018

    Insurers Get $2.7M Irma Coverage Row Sent To Arbitration

    A Florida federal judge ruled Wednesday that the owner of a beach hotel must arbitrate its claims that underwriters at Lloyd's of London wrongly refused to cover more than $2.7 million in damage sustained during Hurricane Irma, finding the arbitration clause in their contract prevails.

  • August 1, 2018

    AIG, Carlyle Ink Partnership Over Bermuda Reinsurer

    Alternative asset manager The Carlyle Group is paying $381 million in cash for a minority stake in AIG’s Bermuda-based composite reinsurer DSA Re as part of a strategic partnership with the insurance giant, the companies announced Wednesday.

  • August 1, 2018

    5th Circ. Rules Aetna Can't Sue Texas Hospital Over Billing

    The Fifth Circuit has ruled that Aetna Life Insurance Co. can't sue an out-of-network Texas hospital for misrepresenting its billing practices, saying Aetna could not claim it was unaware of what those billing practices were.

  • August 1, 2018

    UK Construction Co. Can Limit Access To Insurance Trial Docs

    The U.K.'s Court of Appeal has sided with construction company Cape Intermediate Holdings Ltd. in its challenge to an order granting an asbestos victims support group access to documents from a trial where insurers pursued claims over payouts to individuals who had mesothelioma from contact with Cape products made with asbestos.

  • August 1, 2018

    Insurers Get Green Light To Sell ACA-Skirting Policies

    The Trump administration on Wednesday gave health insurers the green light to sell lengthier policies that don’t include Affordable Care Act benefits and protections, asserting that slimmer coverage will help consumers who’ve been priced out of ACA marketplaces.

  • July 31, 2018

    Vacancy Provision Sinks Coverage For Burst Pipe: DC Circ.

    The D.C. Circuit on Tuesday upheld a lower court’s ruling that Windsor-Mount Joy Mutual Insurance Co. doesn't have to cover a couple’s costs to repair severe damage to their Delaware beach house from a burst pipe, holding that coverage is clearly barred because the homeowners failed to shut off water to the residence before leaving for 10 days.

  • July 31, 2018

    Travelers Can Sue Aviation Co. For Extra Premiums: 8th Circ.

    The Eighth Circuit on Tuesday revived Travelers’ bid to force an aircraft maintenance company to shell out unpaid extra premiums on its workers’ compensation policy, finding that the insurer was not required to exhaust all administrative remedies before filing suit in federal court.

  • July 31, 2018

    Insurer Gets $5.4M Coverage Award Gutted In Junk Fax Case

    The New Jersey Appellate Division on Tuesday ordered a trial court to scale back a ruling that an insurer must pay roughly $5.4 million to a certified class over unsolicited faxes advertising a media business, finding that only the class representative is entitled to coverage under the media company’s insurance policies.

  • July 31, 2018

    Ambac Again Beats Nomura’s Bid For Wis. Regulator Docs

    A New York judge on Tuesday rejected a bid by a Nomura unit to reverse a special master’s finding that a Wisconsin regulator’s privilege applied to certain records from residential mortgage-backed securities insurer Ambac Assurance Corp., saying the special master had made the right call.

  • July 31, 2018

    Retired UPS Workers File Suit Over Pension Cuts

    Three retired UPS employees filed a putative class action in Federal Claims court against the federal government on Tuesday, demanding fair compensation for the Treasury Department’s approval of an allegedly improper reduction in their vested pension benefits affecting a proposed class of approximately 21,000.

Expert Analysis

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Texas Hail Bill Is Already Affecting Insurance Litigation

    Christopher Avery

    Because Chapter 542A of the Texas Insurance Code, commonly known as the Hail Bill, does not apply retroactively, only a handful of cases have interpreted it. However, these decisions show that so far, the Hail Bill is requiring proper notice to claimants exactly as the Texas Legislature intended, says Christopher Avery of Thompson Coe Cousins & Irons LLP.