Insurance

  • September 8, 2017

    Zurich Unit Must Face Cleanup Coverage Claim In Mass.

    A Massachusetts state judge on Thursday refused to grant a Zurich North America unit a quick win in its dispute with a landfill operator over coverage for environmental cleanup costs, saying there are still questions as to what caused the claim and whether the company was aware of contamination prior to obtaining its insurance policy.

  • September 8, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the Financial Conduct Authority lodge a claim against an investment introducer firm, a group of Indian banks sues distressed telecommunications company GTL and Microsoft take an insurer to court for disclosure.

  • September 8, 2017

    Ponzi Mastermind Blasts $34M Hunton Settlement Deal

    Robert Allen Stanford, a financier who once appeared on the Forbes 400 list before his massive international Ponzi scheme was exposed, objected Friday to a $34 million settlement deal struck by one of his former law firms, Hunton & Williams LLP.

  • September 8, 2017

    Deals Rumor Mill: Zhong An, Guala Closures, Cemig

    China’s first ever online-only insurance company has received approval for a potential $1.5 billion IPO in Hong Kong, an investment business controlled by Italy’s billionaire Benetton family will offer to buy Italian packaging maker Guala Closures, and AHC Energia may sell its stake in Brazilian utility company Cemig.

  • September 8, 2017

    11th Circ. Revives Auto Body Shops' Antitrust Claims

    An Eleventh Circuit panel on Thursday reversed the dismissal of complaints from five auto body shops that claim State Farm, Allstate, Geico and other insurers conspire to manipulate car repair costs and blacklist them if they refused to go along.

  • September 8, 2017

    Hotel IT Firm Says Travelers Must Defend Data Breach Claim

    A hotel chain's information technology subsidiary asked a Florida federal court late Thursday to rule that a Travelers unit must cover its defense of a claim that it was responsible for a data breach targeting the chain's credit card payment system, arguing that coverage is available under multiple provisions in its commercial general liability policies.

  • September 8, 2017

    Health Hires: AIG, Debevoise, Hinckley, K&L, PhRMA, Stinson

    The last few weeks have brought new faces focusing on health care and life sciences to AIG, Debevoise & Plimpton LLP, Hinckley Allen & Snyder LLP, K&L Gates LLP, PhRMA and Stinson Leonard Street LLP, coming from the ranks of BigLaw, the government and various private companies. 

  • September 7, 2017

    Needless Medical Care Fueled By Med Mal Fears, Poll Says

    Most doctors believe that subjecting patients to unnecessary medical treatment is a common practice that is mostly prompted by a fear of medical malpractice claims, according to a survey published Wednesday by Johns Hopkins University researchers.

  • September 7, 2017

    Westchester Must Face Chem Co.'s Cleanup Coverage Claims

    An Illinois federal judge on Thursday refused to grant Westchester a quick win on Velsicol Chemical LLC's claims for coverage of its costs in connection with a slew of environmental cleanup actions and personal injury suits, finding that multiple factual issues preclude a ruling in the insurer's favor.

  • September 7, 2017

    4 Ways Hurricane Irma May Affect Florida Real Estate Deals

    As Hurricane Irma heads toward South Florida, buyers and sellers who have pending real estate transactions are closely watching the path of the storm, since a hurricane of this magnitude has the potential to disrupt or derail deals, lawyers say. Here, Law360 looks at four ways Irma may affect buyers, sellers, landlords and tenants.

  • September 7, 2017

    Insurance Co. Off The Hook In Ambulance Death

    An Illinois federal judge ruled Wednesday that Homeland Insurance Co. of New York need not cover A-Tec Ambulance Inc. in an underlying suit alleging that the ambulance company is responsible for a patient’s death after he fell while being loaded into an ambulance, an activity not covered by the policy, the judge said.

  • September 7, 2017

    8th Circ. Won't Revive UnitedHealth's $350M Insurance Feud

    The Eighth Circuit on Thursday refused to revive UnitedHealth Group Inc.'s battle with its excess insurers over coverage for its $350 million class action settlement with the American Medical Association and others, holding that the health system didn't provide enough evidence to determine how much of the deal was for covered damages.

  • September 7, 2017

    Judge Won't Nix Arbitration Order In MF Global, Insurer Row

    A New York bankruptcy judge refused Wednesday to overturn his order requiring MF Global to arbitrate in Bermuda a coverage dispute with its excess insurer, Allied World, even after taking a harder look at the defunct brokerage's argument that its liquidation plan supersedes an arbitration provision.

  • September 7, 2017

    Atlantic Off Hook In Battle Over Coverage For E-Cig Explosion

    Atlantic Casualty Insurance Co. has prevailed in a coverage dispute with a vape shop that is being sued by a woman after an e-cigarette allegedly exploded in her mouth, as a Washington federal court granted the insurer summary judgment on Wednesday.

  • September 7, 2017

    Judge Won't Pause Petrobras' $400M Suit Over Bad Rig Chain

    A Texas federal judge on Wednesday trimmed a $400 million suit brought by Petrobras America Inc. and its insurers against a Spanish manufacturer but declined to halt the remaining claims over an allegedly defective component at an offshore oil and gas rig for arbitration.

  • September 6, 2017

    Suit Over Claims Admin's Deal In $16M Award Heads To Trial

    A Massachusetts federal judge on Wednesday changed course and ruled an insurance claims administrator is protected by a state “safe harbor” law in a suit arising from a $16 million verdict stemming from a woman’s death at a nursing home, but said a trial is still needed to resolve the case.

  • September 6, 2017

    5 Hurricane Harvey Insurance Battlegrounds To Watch

    As Hurricane Harvey's floodwaters recede and losses fully come into focus, property owners and their insurers will likely lock horns over a slew of issues, including whether damage was caused by flooding or wind and how many separate events contributed to a loss. Here, Law360 looks at five questions that may lead to clashes between policyholders and insurers in the hurricane's aftermath.

  • September 6, 2017

    Travelers Policy Exclusion Bars Leaky Roof Suit, Judge Says

    An Alabama federal judge Wednesday found roof leaks in a Birmingham office building were likely caused by careless repair crews and temperature changes and were therefore not covered by the owner’s Travelers Property Casualty Co. policy.

  • September 6, 2017

    ACA Peace Breaks Out After Years Of Partisan Combat

    Republicans and Democrats on Wednesday spent several hours discussing the Affordable Care Act calmly and constructively during a Capitol Hill hearing, a strikingly peaceful scene that left observers taken aback after eight years of partisan warfare.

  • September 6, 2017

    Ocwen To Pay $1M For Force-Placed Insurance Problems

    Ocwen Financial Corp. on Wednesday agreed to a $1 million penalty for failing to meet metrics related to the termination of force-placed insurance that was required under a 2014 national mortgage servicing settlement, according to court filings.

Expert Analysis

  • Extending The Murky Divide Between Warranty And Insurance

    Brian Casey

    A West Virginia federal court's recent decision in Bare v. Innovative continues a slowly developing trend that a product can be a warranty, and not insurance, even if the product's benefit payment is indirectly triggered upon the occurrence of what is otherwise a traditional insurance peril, say Brian Casey and Jon Gillum of Locke Lord LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A New Legal Precedent: Insurance Agents As Employees

    Kristine Ellison

    An Ohio district court's ruling in Jammal v. American Family is notable for is departure from industry practice and prior precedent treating many insurance agents as independent contractors. Insurers and other employers will be watching the U.S. Court of Appeals to see what guidance this case ultimately provides for assessing contractor status, say attorneys with Eversheds Sutherland LLP.

  • Why D&O Policies Should Cover Del. Appraisal Proceedings

    Peter Gillon

    Appraisal proceedings, unique to Delaware law, require acquiring corporations to pay shareholders if the price of a merger or acquisition deal is below fair market value. Fortunately directors and officers insurance might be able to cover affected companies' defense and other costs, say Peter Gillon and Benjamin Tievsky of Pillsbury Winthrop Shaw Pittman LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.