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Insurance

  • November 2, 2018

    Fla. Panel Revives Progressive’s Windshield Coverage Suit

    A Florida court committed a “manifest injustice” in its dismissal of Progressive Corp.’s appeal in a suit accusing the insurer of saddling windshield replacement companies with the cost of insurance appraisals, a state appeals panel has found.

  • November 1, 2018

    Mass. Blue Cross Accused Of Improper Mental Health Denials

    A proposed class action suit filed in Massachusetts federal court late Wednesday accuses insurer Blue Cross and Blue Shield of Massachusetts Inc. of improperly denying claims for inpatient mental health treatment in alleged violation of federal laws.

  • November 1, 2018

    Deals Rumor Mill: Pfizer, Apple, Ping An

    Pfizer Inc. is considering selling its women’s health portfolio, Apple has discussed a deal with iHeartMedia about taking a stake in the company, and Ping An Insurance is planning to float its health care technology business.

  • November 1, 2018

    Late Notice Sinks Lafarge Bid For $1.4M Injury Deal Coverage

    A New York appeals court said Thursday that Harleysville Insurance Co. of New York need not help cover Lafarge Building Materials Inc. for an underlying $1.4 million settlement with an injured contractor because Lafarge waited months to tell Harleysville there was legal action in the offing.

  • November 1, 2018

    Attys Want $3M In $220M Deal Ending X-Ray Overcharge Row

    Attorneys representing a putative class of patients alleging that dozens of hospitals overcharged for post-car-crash X-rays and CT scans asked a Florida federal judge Thursday to sign off on $3 million in attorneys’ fees and expenses as part of a settlement they estimate is worth $220 million in discounts on future medical bills.

  • November 1, 2018

    Ex-Nets Player Says MetLife Raided His Retirement Account

    Former professional basketball player William Willoughby has accused insurance giant MetLife, spinoff Brighthouse Financial and a pair of its subsidiaries in New York state court of forging his signature to empty his retirement account of nearly $600,000.

  • November 1, 2018

    Insurer Can't Pass Buck On Builder's Defect Suit Defense

    A California appeals court on Wednesday ruled that Interstate Fire and Casualty Co. cannot pursue reimbursement from a landscape company’s insurer for part of the sum it paid to defend Pulte Home Corp. in a construction defect lawsuit, saying Pulte does not qualify as an additional insured under the landscaper’s policies.

  • November 1, 2018

    Genworth Can't Blame Santander For £28M Suit, Judge Says

    A judge in London refused on Thursday to allow Genworth Financial Inc. to shift the blame for missold payment protection insurance onto two British units of Santander, after AXA SA sued the U.S. insurer for £28.5 million ($37 million).

  • November 1, 2018

    EU, US Insurance Regulators May Link To Fight Cybercrime

    Regulators in the U.S. and the European Union could join forces to test the vulnerability of insurers on both sides of the Atlantic to international cyberattacks as the threat from online crime escalates, Europe’s top insurance supervisor has indicated.

  • October 31, 2018

    Estate Seeks Retrial After Jury Clears Firm Of Malpractice

    A dispute over allegedly shoddy legal advice on dissolving an insurance-marketing company should get a retrial, the estate of the company's former co-owner said Tuesday, telling an Iowa federal court that an expert witness sprang unannounced opinions at trial.

  • October 31, 2018

    Machine Maker Wants Insurance Suit Over $40M Row Revived

    The Robbins Co. on Tuesday told the Sixth Circuit that an Ohio court’s ruling that an insurer does not need to cover a $40 million breach of contract action against the tunnel-boring machine maker was overly broad, urging the appeals court to reverse the decision.

  • October 31, 2018

    7th Circ. Vacates $27M Defamation Win Against Allstate

    The Seventh Circuit on Wednesday vacated a $27 million jury verdict awarded to four traders who claim that Allstate Insurance Co. didn't make necessary legal disclosures before firing them and then defamed them in public filings, finding that they haven’t shown they were denied jobs due to the alleged defamation.

  • October 31, 2018

    Insurer Suit Against Doc Paused For 5th Amendment Concern

    A Nevada federal judge ordered a stay on National Fire & Marine Insurance Co.’s suit against a doctor on Wednesday, finding that allowing the suit to go forward would force the doctor to choose between maintaining his Fifth Amendment rights in a criminal proceeding or effectively fighting the lawsuit.

  • October 31, 2018

    DOL Seeks To Quash States' Association Health Plan Suit

    The U.S. Department of Labor on Tuesday asked a Washington, D.C., federal judge to dismiss a lawsuit challenging the agency's association health plan rule, telling the judge the states that sued over the rule do not have standing to challenge the measure.

  • October 31, 2018

    Club Shooting Decision Widens Coverage For 'Loss Of Use'

    A California appeals court ruled recently that the revocation of a venue’s nightclub license after a fatal shooting triggered the “loss-of-use” provision in a liability insurance policy, fortifying Golden State policyholders in similar disputes by clarifying that the total shutdown of a property is not required for the valuable coverage to apply.

  • October 31, 2018

    WinCo Plan Dropped In-Network Dialysis Benefit, Suit Says

    Health care giant DaVita Inc. has hit supermarket chain WinCo Foods LLC with a federal lawsuit accusing its employee benefit plan of effectively removing in-network coverage for dialysis, placing a burden on plan beneficiaries suffering from kidney failure.

  • October 31, 2018

    7th Circ. Is Asked To Free Financing Co. From Business Ties

    An Illinois-based commercial insurance premium financer told the Seventh Circuit Wednesday that a lower court is forcing it to continue working with a competitor far beyond any term the two contemplated in a now-soured agreement that kept its acquisition of the competitor on the table.

  • October 31, 2018

    SEC Seeks To Simplify Variable Annuity Disclosures

    The U.S. Securities and Exchange Commission on Tuesday proposed allowing issuers of variable annuities and variable life insurance contracts to provide shorter summary prospectuses, shifting toward a more layered approach to disclosure that the agency says is more user-friendly to investors.

  • October 31, 2018

    AIG Unit Needn't Cover Medical Service Co. Harassment Suits

    A Florida federal judge on Tuesday ruled that an AIG unit does not have to indemnify a medical services company for more than $750,000 it paid to settle a pair of harassment complaints, finding the policy held by the medical company’s human resources provider doesn’t extend to the claims.

  • October 31, 2018

    Insurance M&A Soars Under EU's Tough Capital Regime

    The value of mergers and acquisitions among international insurance companies soared by almost a fifth to €37 billion ($42 billion) between January and June, a growth driven partly by the European Union’s sweeping capital regime, according to new data revealed on Wednesday.

Expert Analysis

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • UK Product Liability Law In The Autonomous Vehicle Era

    Sarah Batley

    The United Kingdom is positioning itself as the go-to location to develop, test and drive automated vehicles, and has already enacted legislation to provide an insurance model for AVs. But it is not yet clear whether existing U.K. product liability law will be able to accommodate the challenges posed by this new technology, say attorneys with Jones Day.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • NY Tax Minutes: September

    Timothy Noonan

    In the latest installment of their monthly column, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP revisit the ongoing battle over the SALT deduction cap, note the importance of taxpayer testimony in domicile cases, address nonaudit-related legal challenges facing taxpayers and review New York City’s better-late-than-never guidance on repatriated income.

  • 6th Circ. Encourages Insureds To Be Open With Insurers

    Matthew Beato

    The Sixth Circuit's recent decision in First Horizon v. Houston reinforces the importance of providing timely and complete notice to insurance carriers, and will discourage insureds from disguising crucial facts about claims, says Matthew Beato of Wiley Rein LLP.

  • The Ins And Outs Of ERISA Fiduciary Insurance

    Excerpt from Lexis Practice Advisor
    José Jara

    Fiduciary liability insurance is an important but often overlooked aspect of a company’s risk management plan. José Jara of CKR Law reviews how it can be used to protect fiduciaries when governing or providing services for employee benefit plans subject to the Employee Retirement Income Security Act.

  • Defining Qualified Business Income In Life Settlement Industry

    Brian Casey

    In August, the IRS proposed regulations for the new Internal Revenue Code Section 199A, which includes good news for insurance agents and brokers. Attorneys with Locke Lord LLP examine whether that good news will carry over to participants in the life settlement industry.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • Triggering Civil Authority Coverage After A Natural Disaster

    Tracey Jordan

    As hurricane season continues, insured business owners in affected areas are likely to seek coverage for loss of business income. It's important to recognize that for business income insurance to cover losses caused by a civil authority order, the order must be a result of actual property damage, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.