• October 31, 2017

    Insurers Say Cooper's NJ Cleanup Suit Violated 1989 Deal

    Three insurance companies told a Michigan federal court Monday that Cooper Industries’ recently successful New Jersey suit against them over environmental cleanup costs was a violation of a 1989 settlement.

  • October 31, 2017

    9th Circ. Revives Suit Over Blue Cross Plan Vagueness

    The Ninth Circuit on Monday revived a lawsuit against Blue Cross Blue Shield and the Office of Personnel Management claiming their health plan information is far too vague to allow potential enrollees to project their costs, saying this summer’s Robins v. Spokeo decision changed the equation as to whether the plaintiff has standing.

  • October 31, 2017

    Carbon Monoxide Suits Not Excluded, Nonprofit Tells 9th Circ.

    Nonprofit policyholder advocacy group United Policyholders urged the Ninth Circuit on Monday to reverse an Oregon federal court's decision that a pollution exclusion in a pool contractor's policy negates coverage for underlying suits over carbon monoxide poisoning, arguing the lower court's reading of the exclusion was overbroad.

  • October 30, 2017

    CareFirst Pushes High Court To Tackle Breach Standing Divide

    Health insurer CareFirst is urging the U.S. Supreme Court to review the D.C. Circuit's decision that the risk of future harm alleged by policyholders suing over a 2014 data breach was enough to meet the Spokeo standing bar, arguing that the dispute provides an "ideal vehicle" for resolving a much wider Article III standing debate. 

  • October 30, 2017

    Union Sues J&J Over Alleged Remicade Monopoly Plot

    A New York grocery union benefits fund slapped Johnson & Johnson with a proposed class action Friday in Pennsylvania federal court, alleging the pharmaceutical giant abused its monopoly power to quash less expensive, generic versions of its best-selling Remicade drug, resulting in higher prices.

  • October 30, 2017

    Ex-Humana Worker Denied Collective Cert. In OT Suit

    A Florida federal judge on Monday refused to certify a former Humana unit employee’s overtime suit as a collective action under the Fair Labor Standards Act, saying fewer than 10 people out of a potential class of thousands have wanted to join the suit.

  • October 30, 2017

    Credit Suisse, Insurers Settle Over $69M Spent On Dud RMBS

    Credit Suisse Securities USA LLC and a group of insurers that sued the broker-dealer over $69 million in residential mortgage-backed securities rendered nearly worthless in the financial crisis settled their dispute on undisclosed terms just hours before trial on Monday.

  • October 30, 2017

    The State Of Computer Fraud Coverage Law: 5 Key Rulings

    A New York federal court’s recent decision that Medidata Solutions is entitled to coverage for a loss to an email-based theft scheme and a Michigan federal judge’s ruling that a tool manufacturer isn’t covered for a similar scam added to a body of wildly varied case law on whether computer fraud insurance covers sophisticated criminal plots.

  • October 30, 2017

    Expert Cleared To Testify In Ford Minivan Fire Insurance Suit

    A New Jersey federal judge Friday denied Ford Motor Co.’s attempt to end a suit blaming a wiring defect in a Ford minivan for a 2012 house fire, saying the homeowners and their insurer had produced a qualified expert witness.

  • October 30, 2017

    Firm Should Have Expected Malpractice Suits, 5th Circ. Told

    Imperium Insurance Co. told a Fifth Circuit panel Friday it was justified in denying law firm Shelton & Associates PA coverage for a pair of malpractice suits, saying the firm had every reason to expect at least one of those suits when it took out the policy.

  • October 30, 2017

    Insurer Urges 11th Circ. To Spare It From $15M Injury Verdict

    An insurance company on Monday asked the Eleventh Circuit to vacate a ruling putting a restaurant it insures on the hook for a $15 million verdict in a personal injury suit against a shopping center, saying the lower court ignored a Florida precedent establishing when a tenant’s insurance policy might extend to a landlord.

  • October 27, 2017

    Trump Admin Eyes Looser Limits On ACA Essential Benefits

    The Trump administration on Friday proposed new leeway for states to determine coverage of “essential health benefits” in Affordable Care Act plans, addressing a key issue targeted by the failed ACA repeal effort.

  • October 27, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG Speciality Insurance Co. blasted The Walt Disney Co.’s efforts to force into arbitration their dispute regarding whether the insurer owes $25 million toward a settlement over news reports calling a Beef Products Inc. item “pink slime,” telling a California federal court Thursday that it lacks jurisdiction and arbitration isn’t appropriate.

  • October 27, 2017

    Peoples Bank Misrepresented Coal Appraisal, Suit Says

    The Chapter 11 trustee for a group of bankrupt coal producers filed suit Thursday against Ohio-based Peoples Bank and Peoples Insurance Agency, saying the financial services companies withheld knowledge that the coal companies were very valuable in order to railroad them into a financially destructive agreement.

  • October 27, 2017

    Marshall Dennehey Ends Atty's ADA Suit Over Fear Of Heights

    Marshall Dennehey Warner Coleman & Goggin has apparently agreed to end claims that it violated the Americans with Disabilities Act by failing to accommodate an ex-insurance associate’s claustrophobia and fear of heights, according to a court filing Thursday.

  • October 27, 2017

    2nd Circ. Affirms Travelers Unit's Win In Sea Tow Suit

    A Travelers unit didn't act in bad faith in its handling of a personal injury lawsuit against Sea Tow Services International Inc., the Second Circuit affirmed on Friday, finding that the insurer's presettlement strategy in the underlying litigation doesn't support such a claim.

  • October 27, 2017

    BancorpSouth Seeks Rehearing Over $24.5M Coverage Denial

    BancorpSouth Inc. on Thursday asked the Seventh Circuit for a redo of a decision that found a Chubb Ltd. unit didn’t need to cover the bank’s $25.5 million settlement of a class action over allegedly bogus overdraft fees, saying an earlier panel construed an exclusion in Chubb’s insurance policy too broadly.

  • October 27, 2017

    Treasury Says Bank Rules Shouldn't Apply To Asset Managers

    The U.S. Department of the Treasury on Thursday said asset managers and insurers should not be subjected to stress testing and other rules banks follow, and instead should have their trading and other activities regulated.

  • October 27, 2017

    Taxation With Representation: Cooley, Alston, Mayer, Davis

    In this week’s Taxation With Representation, Cisco snapped up BroadSoft for $1.9 billion, The Hartford Financial Services Group acquired Aetna’s group life and disability unit for $1.45 billion, Potlatch shelled out $3.3 billion for Deltic Timber, and Graphic Packaging and International Paper’s North American business combined to create a $6 billion packaging partnership.

  • October 26, 2017

    Zenefits, Co-Founder To Pay SEC $1M Over Misled Investors

    Zenefits, a startup aimed at managing companies’ employee health insurance plans, and one of its co-founders will pay almost $1 million in fines to the U.S. Securities and Exchange Commission in a settlement, announced Thursday, over allegations that it withheld information from its shareholders.

Expert Analysis

  • Default Dates Of 1st Exposure Can Lead To Conflict

    Jim Dorion

    Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.

  • NY Insurance Case Highlights Importance Of Specific Wording

    Alexander Bandza

    The New York Supreme Court's decision in National v. TransCanada last month held that coverage under an "all-risks" policy extended to losses resulting from a precipitating cause that occurred prior to the policy period. This case underscores that the specific wording of an insurance policy can be outcome-determinative, say Jan Larson and Alexander Bandza of Jenner & Block LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • The Clock Is Ticking For US Reinsurance Credit Laws

    David Alberts

    Last month, the U.S. Department of the Treasury, U.S. Trade Representative and the European Union executed the covered agreement finalizing approaches regarding controversial areas of insurance regulation. The U.S. must begin deliberations on the federal preemption of state insurance laws inconsistent with the covered agreement by July 2020, say attorneys with Mayer Brown LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Chilling Litigation Tourism In Illinois 'Judicial Hellholes'

    Douglas Prochnow

    Corporations may welcome the Illinois Supreme Court's opinion in Aspen American Insurance v. Interstate Warehousing. A few of the Illinois counties affected by the ruling tied for sixth place on the American Tort Reform Foundation’s 2016-17 list of the nation’s “Judicial Hellholes,” say Blake Angelino and Doug Prochnow of Faegre Baker Daniels LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Calif. Ruling Creates Uncertainty For Long-Tail Claims

    Lorelie Masters

    In Montrose v. Superior Court, a California appellate court recently adopted a horizontal exhaustion rule, seemingly at odds with other California decisions. The case may soon be taken up by the California Supreme Court, but in the meantime policyholders should anticipate Montrose-like arguments when developing strategies to maximize their insurance recoveries for long-tail claims, say attorneys with Hunton & Williams LLP.