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  • September 7, 2018

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

    The last week has seen a software developer sue Citibank for breach of contract, a new filing between British Airways and its pension trustees, and a claim brought by African food distributors and major insurers Axa, Allianz Generali and Swiss Re against container shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • September 7, 2018

    Insurer Won't Defend Firm Sued Over Slow Bankruptcy Filing

    Security National Insurance Co. Friday asked a Florida federal court to find it doesn't owe a law firm coverage for a client’s claim that a slow bankruptcy case filing cost it $6.4 million, saying the firm knew it was at risk for a malpractice suit when it got the policy and didn’t disclose it.

  • September 7, 2018

    Power Co. Owed Defense Of $35M Fraud Suit, Judge Rules

    A Maine federal judge ruled Friday that Zurich American Insurance Co. must defend Electricity Maine LLC in a proposed class action alleging it overbilled customers by about $35 million, finding that the underlying suit could potentially expose the electricity supplier to liability for covered bodily injuries damages.

  • September 7, 2018

    State Farm Deal Takes Spotlight Off Judicial 'Dark Money'

    Judicial ethics experts are lamenting the last-minute $250 million settlement of a case accusing State Farm of rigging an Illinois Supreme Court election, calling it a missed opportunity for a public airing of the river of “dark” campaign money flowing into judicial races.

  • September 7, 2018

    Brazilian Bank Can't Revive $50M Claim Against Insurers

    A New York federal judge on Friday upheld an arbitral award dismissing a Brazilian banking and financial services company's $50 million policy claim against two U.S. insurers, agreeing with the arbitration panel’s determination that the bank had made misrepresentations in its insurance application that voided the policy.

  • September 7, 2018

    2nd Circ. OKs Nix Of Disability Benefits For Mental Illness

    The Second Circuit on Friday affirmed a lower court’s toss of an Employee Retirement Income Security Act suit alleging that the Hartford Life Insurance Co. wrongly terminated a woman’s disability benefits after 24 months, holding that the insurer did not improperly classify her bipolar disorder as a mental illness.

  • September 7, 2018

    NextEra Insurer Sues To Recover $2.4M In Fraud Scheme

    NextEra Energy Inc.'s insurer filed suit in California federal court against a group of individuals and entities that were previously accused of defrauding the energy company out of about $2.4 million through the use of fake invoices, arguing it is due reimbursement for the scheme.

  • September 7, 2018

    Allstate Hit With Another Suit Over Underwriting Practices

    A pension fund hit The Allstate Corp. with a new investor suit in Illinois federal court Thursday for allegedly concealing that its lowered underwriting standards was the reason for a spike in auto insurance claims.

  • September 7, 2018

    Glassmaker Says Insurer Flubbed Tornado Policy

    An architectural and automotive glassmaker alleged in New York federal court that its insurer failed to give proper notice on a policy change and its broker failed to catch the change, telling the court it should be compensated $60 million to $100 million for tornado damage.

  • September 7, 2018

    1st Circ. Revives Suit Over Harvard Pilgrim's ERISA Denial

    The First Circuit has revived a young woman’s suit accusing Harvard Pilgrim Health Care of wrongly denying her coverage for residential mental health treatment, holding that the lower court erred by not considering documents that had been submitted in a post-complaint benefits review when reaching its decision.

  • September 7, 2018

    New York Life Unit Lends $75M For Manhattan Office Tower

    A subsidiary of New York Life Insurance Co. has provided $75 million in financing to a joint venture of Fisher Brothers and Sungate Park Avenue Trust for an office property in Manhattan, according to an announcement from New York Life on Friday.

  • September 7, 2018

    UnitedHealth Wins Challenge To Medicare Overpayment Rule

    A D.C. federal judge on Friday rejected the federal government’s view of when Medicare Advantage insurers have been overpaid, vindicating a UnitedHealth Group Inc. effort to boost industry profits and reduce potential False Claims Act liability.

  • September 6, 2018

    Suit Over Coverage For Bee Kill-Off To Move Forward

    A California federal judge refused to grant multiple insurers a win Wednesday in a suit over coverage for underlying litigation against a commercial farm that killed off bee colonies it had used for pollination, saying there were factual disputes that make the applicability of two exclusions an open question.

  • September 6, 2018

    Lloyd's Insurers Seek To Nix Carlyle's $400M Oil Loss Claim

    Lloyd’s of London underwriters asked a New York court on Thursday to rule that they have no obligation to pay Carlyle Group affiliates’ claim for nearly $400 million in crude oil they lost when a Moroccan oil refinery known as SAMIR was seized in 2015, asserting that Carlyle’s failure to provide timely notice of the losses forecloses coverage.

  • September 6, 2018

    Lloyd’s, BMS Sued Over Hurricane Coverage In Virgin Islands

    A Virgin Islands property owner has sued Lloyd’s of London underwriters and another insurance carrier, claiming the insurers first ignored its damage claims after Hurricane Irma struck the islands, then failed to properly inspect and assess damages when they did send adjusters after Hurricane Maria.

  • September 6, 2018

    Hartford Says $1.2M Degree Claims Not 'Property Damage'

    Hartford Casualty Insurance Co. told a Missouri appeals court Thursday that it owes no coverage for a $1.2 million trial win in favor of nursing students who claimed they paid $25,000 each for a degree program and didn't receive a degree, saying at an oral argument the students' claims don't count as “property damage” under the policy.

  • September 6, 2018

    NuWave Denied Defense Of W.Va.'s Deceptive Marketing Suit

    A Cincinnati Insurance Co. unit doesn’t have to cover NuWave LLC’s costs to defend the state of West Virginia’s lawsuit alleging the cookware company engaged in deceptive and coercive marketing tactics, an Illinois federal judge ruled Wednesday, finding that the underlying action doesn’t allege any potentially covered claims for privacy violations.

  • September 6, 2018

    F-Squared Trustee Can't Reap $7.7M Legal Insurance Payout

    A Massachusetts federal judge said Wednesday the bankruptcy trustee for F-Squared Investments Inc. can't claim a $7.7 million insurance payout for the legal fees it spent during the investigation that helped bring it down, saying the probe started before the policies kicked in.

  • September 5, 2018

    5th Circ. Won't Extend Deadline For Adjuster Negligence Suit

    The Fifth Circuit has declined to apply a special Texas rule extending the deadline for filing legal malpractice claims to a homeowner’s suit, which alleged a public insurance adjuster botched her claim for coverage for Hurricane Ike damage, saying the rule does not apply to insurance adjusters. 

  • September 5, 2018

    Fla. Ruling Could 'Nix' Homeowner Assignments Of Benefits

    In a decision that lawyers say could have a significant impact on long-standing insurance practices in Florida, a state appeals court Wednesday ruled that homeowners' insurance policies may require signatures of all insureds and mortgagees to validate an assignment of claim benefits to a third party.

Expert Analysis

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Insurance Can Mitigate Costs Of Government Investigations

    Annette Ebright

    If companies take the proper steps before and after being subjected to government investigations, their insurance policies may serve as a reliable hedge against the financial consequences. However, these policies have their limitations, say Annette Ebright and Daniel Peterson of Parker Poe Adams & Bernstein LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Jobs Act 3.0 May End Dodd-Frank Repeal Efforts

    Lai King Lam

    If Jobs Act 3.0 is signed into law, it will reflect the GOP’s pivot away from the wholesale repeal of Dodd-Frank and its embrace of a piecemeal strategy to chip away at the 2010 law. Though capital formation is the headliner of Jobs Act 3.0, this bill does contain a few Dodd-Frank reform measures that have been overlooked in most news coverage but are worth highlighting, says Lai King Lam of McGuireWoods Consulting LLC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Liability Insurance Policies May Cover PAGA Lawsuits

    Shaun Crosner

    Although some employment practices liability and directors and officers liability insurers might not acknowledge it readily, California employers may be entitled to broad coverage for Private Attorneys General Act lawsuits — including a defense and indemnity for PAGA settlements and judgments, says Shaun Crosner of Pasich LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Crypto Economy Presents Novel Challenges For Insurers

    Thomas Caswell

    In cryptocurrency insurance, volatility disproportionately affects every stage of an insurance policy's life cycle from underwriting to adjustment of losses. This creates real challenges — especially when it comes to valuing losses, say Thomas Caswell and Dennis Anderson of Zelle LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.