• March 1, 2018

    Carfax Can't Revive Bid For $50M Antitrust Suit Coverage

    An American International Group Inc. unit doesn't have to defend Carfax Inc. against a $50 million suit alleging the company monopolized the vehicle history report market, a New York appeals court affirmed Thursday, agreeing with a lower court that references to defamation in the suit cannot get Carfax out from under an antitrust exclusion.

  • March 1, 2018

    PIP Insurance Repeal Rejected By Fla. Senate Subcommittee

    Efforts in the Florida Legislature to repeal the state's no-fault motor vehicle insurance law, which requires motorists to carry $10,000 in personal injury protection coverage, appear set to fail in the current session following a Senate subcommittee's rejection Wednesday, although a procedural step left open a narrow lifeline.

  • March 1, 2018

    Insurer Has Duty To Defend Duracell Battery Row, Suit Says

    Online retailer Chicago Import Inc. hit its insurance company and Duracell with a lawsuit in Illinois federal court Thursday asking a judge to declare that the insurer must defend Chicago Import in a trademark infringement row the nation's largest battery brand has launched over its product's packaging.

  • March 1, 2018

    Insurer Escapes Coverage Over Fall At Dunkin' Donuts

    A New Jersey appellate court on Thursday found that Travelers Insurance Co. does not owe coverage to a strip mall owner and its Dunkin' Donuts tenant in a man’s injury suit, as the owner was found to be grossly negligent and the policy excluded coverage for such negligence.

  • March 1, 2018

    HHS Must Reconsider Formula For ACA Payments

    The U.S. Department of Health and Human Services must reconsider a formula that affects billions of dollars in Affordable Care Act payments to insurers, a New Mexico federal judge said Wednesday.

  • March 1, 2018

    Insurer Slams Patriot National Ch. 11 Disclosure Omission

    A New York-based specialty insurer objected Thursday to the bankruptcy disclosure filed by insurance service provider Patriot National Inc., saying the document ignores its potential claims in a 2-year-old, wide-ranging fraud and damages suit.

  • March 1, 2018

    Insurers Say They Won't Defend Weinstein From Assault Suits

    The Chubb Group Wednesday asked a New York state court to find its companies do not have to defend or indemnify movie producer Harvey Weinstein for nearly a dozen sexual assault and harassment suits in the U.S. and abroad.

  • March 1, 2018

    Beneficiaries Slam Prudential Bid To Stay ERISA Suit

    The Prudential Insurance Company of America on Wednesday received pushback from a group of beneficiaries on its bid challenging a Pennsylvania federal judge’s order certifying a subclass in an Employee Retirement Income Security Act suit over life insurance payouts.

  • March 1, 2018

    AmTrust Valued At $2.7B In PE-Backed Go-Private Deal

    AmTrust Financial Services Inc. on Thursday said company CEO Barry D. Zyskind and directors George Karfunkel and Leah Karfunkel will team up with private equity funds managed by Stone Point Capital LLC to take the insurer private in a deal that values the company at around $2.7 billion.

  • March 1, 2018

    Insurers Push UK Regulator For Cyberattack Data Release

    The Information Commissioner's Office is in talks with U.K. insurers over their demands for the national data regulator to release information on cyberattacks that private companies must report under Europe’s impending data regime, the watchdog told Law360 on Thursday.

  • February 28, 2018

    Weight-Loss Surgery Docs Hit With Fraud Charges

    Two doctors and their weight-loss surgery businesses were hit with fraud, money laundering and identity theft charges related to an alleged scheme to get insurance companies to pay for elective surgeries, according to an indictment unsealed Wednesday in California federal court.

  • February 28, 2018

    MassMutual Didn’t Stiff Policyholder Class, Jury Finds

    MassMutual did not improperly withhold dividends from a class of hundreds of term life insurance policyholders, a California jury found Tuesday, siding with the insurer and finding the policies in question never generated enough profit to warrant dividends under the policy agreements.

  • February 28, 2018

    Towers Watson Got Shafted In $18B Willis Deal, New Suit Says

    Directors and officers tied to consulting firm Towers Watson's $18 billion merger with insurance brokerage Willis were sued Tuesday in Delaware Chancery Court by a disgruntled pension fund alleging the entire deal was set up to benefit just a few individuals at Towers Watson’s expense.

  • February 28, 2018

    Ch. 11 Case Conflicts Delay $15.5M Patriot National DIP

    Facing a possible default-triggering rejection of its $15.5 million debtor-in-possession loan, bankrupt insurance services firm Patriot National Inc. agreed Wednesday to postpone a final Delaware court ruling pending further talks with its unsecured creditors.

  • February 28, 2018

    Zurich Seeks Quick Win In $5M F-Squared Coverage Row

    Zurich American Insurance Co. on Wednesday asked a Massachusetts federal court to find it does not owe F-Squared Investments Inc. up to $5 million in additional coverage for the U.S. Securities and Exchange Commission action that bankrupted it, saying the case clearly started before the Zurich policy kicked in.

  • February 28, 2018

    Drug Cos. Want Blue Cross Unit Sanctioned In Aggrenox MDL

    Boehringer Ingelheim and Teva have asked a Connecticut federal court to sanction Blue Cross and Blue Shield of Louisiana for allegedly dodging discovery in multidistrict litigation in which it’s accusing the drugmakers of entering into a $120 million pay-for-delay deal aimed at blocking generic versions of the stroke-prevention medication Aggrenox.

  • February 28, 2018

    8th Circ. Upends Developer's $9M Win Against Fidelity

    The Eighth Circuit on Wednesday reversed a $9 million win against Fidelity National Title Insurance Co. for failing to defend a real estate developer against mechanics’ liens, saying the trial judge misinterpreted the law on a policy exclusion.

  • February 28, 2018

    OptumRx, Providers Look To Toss Pharma Audit RICO Suit

    A group of health care providers, including OptumRx and UnitedHealth, sought to toss a lawsuit alleging they conspired to eliminate three independent pharmacies from the specialty drug marketplace, arguing in a filing in Texas federal court Tuesday that the three chose to file a complaint rather than address the issues that caused them to be eliminated from the benefits network.

  • February 28, 2018

    Disasters Will Push Up Costs, Regulators Warn Reinsurers

    Reinsurers across the globe are likely to raise their premium prices after a series of natural catastrophes including earthquakes and hurricanes in the second half of 2017, a group of international insurance regulators has warned.

  • February 27, 2018

    Allstate Must Face Investor Claims Over Shoddy Underwriting

    An Illinois federal judge on Tuesday rejected The Allstate Corp.’s bid to dismiss a proposed class action accusing it of unlawfully concealing its lowered underwriting standards as the reason for a spike in auto insurance claims, saying the plaintiffs cited enough allegedly misleading statements to allow their case to proceed.

Expert Analysis

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Clashing Marijuana Laws Create Insurer Anxiety

    Hernán Cipriotti

    The dichotomy between federal and state marijuana laws challenges courts to evaluate the validity of contracts, including insurance policies. While only a handful of such cases were litigated last year, insurers and marijuana businesses alike are anxious to see how courts will deal with certain claims expected to surface. Some of the latest case law comes from Arizona and Michigan, says Hernán Cipriotti of Zelle LLP.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • The Rise And Fall Of Statistical Sampling In RMBS Cases

    Amanda Lawrence

    In the early days of the residential mortgage-backed securities and repurchase litigation that followed the 2008 crisis, plaintiffs’ strategy of proving their allegations through statistical sampling was highly successful. However, in recent years, a new trend has emerged, say attorneys with Buckley Sandler LLP.

  • What To Do With Performance Bonds When Projects Default

    Gary Strong high rez.jpg

    Sureties have surety defenses which sometimes allow them to disclaim coverage under performance bonds. However, this often requires a long and lengthy litigation in which the surety must sustain multiple burdens of proof, says Gary Strong of Seiger Gfeller Laurie LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • Severe Weather Events Create Insurance Dilemmas

    Edward Murphy

    In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.