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  • July 26, 2018

    AGs Sue Labor Dept. Over Association Health Plan Rule

    Eleven states and the District of Columbia challenged the U.S. Department of Labor's final rule on association health plans in a lawsuit filed Thursday in D.C. federal court, saying the rule unlawfully expands the agency's interpretation of the Employee Retirement Income Security Act's definition of "employer" and flouts the Affordable Care Act and Administrative Procedure Act.

  • July 26, 2018

    Lloyd's Insurer Can't Ditch Coverage Fight Over Oil Spill

    A Louisiana federal judge on Thursday declined to dismiss oil and gas producer Apollo Energy LLC’s complaint seeking coverage from a Lloyd’s of London underwriting group for the cleanup costs of an oil spill, giving Apollo the chance to amend the suit to assert a new theory supporting its claim.

  • July 26, 2018

    Insurer Needn't Defend Developers In Logging Row

    A West Virginia federal judge on Wednesday ruled that Nautilus Insurance Co. doesn’t have to defend or indemnify a group of property developers in a lawsuit alleging they engaged in illegal logging operations and concealed development plans from local officials because the suit alleges intentional conduct.

  • July 26, 2018

    Unum Shareholders Sue Over Underestimated Losses

    A municipal police and fire retirement system has filed a class action suit in Tennessee federal court alleging that investors such as itself took an unfair financial hit thanks to the company’s misleading statements that its long-term loss ratio — a key metric for investors — would be lower than it was.

  • July 25, 2018

    How To Use Insurance To Shield Against Cryptocurrency Risks

    As cryptocurrencies continue their meteoric rise, companies in the space are facing an expanding range of risks, including the threat of large-scale theft and class actions filed by disgruntled investors in funding ventures known as initial coin offerings. Here, Law360 looks at some of the perils faced by cryptocurrency businesses, and how insurance may help shield against those risks. 

  • July 25, 2018

    House Votes To Extend Exemption From ACA Insurer Fee

    The U.S. House of Representatives voted Wednesday to extend a moratorium on an annual fee on insurers under the Affordable Care Act until 2022.

  • July 25, 2018

    Lloyd's Failing Hawaii Policyholders After Volcano, Suit Says

    Lloyd’s of London has been missing in action after the historic eruption of Hawaii’s Kilauea volcano destroyed hundreds of homes, failing to dispatch a single claims adjuster and leaving policyholders utterly in the dark about the status of their claims, according to a suit filed Tuesday.

  • July 25, 2018

    NY Law Dictates Arbitration Of Sandy Damage In NJ: 3rd Circ.

    The Third Circuit on Wednesday refused to disturb a New Jersey federal court ruling that insureds tied to a developer must arbitrate their claims against an insurance company over coverage for Superstorm Sandy-related damage at their Garden State properties, saying they are bound by an arbitration clause because New York law applies to their policy.

  • July 25, 2018

    Pa. Jury Must Decide If Insurer Pays For Roofer's Fatal Fall

    A Pennsylvania appeals court ruled Tuesday that a jury must decide whether the contractor who didn’t tell his insurance company he was working on a roof, or the insurer who never sent him the policy with its no-roofing exception, will pay a roofer’s $3.5 million wrongful-death settlement.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Harvard Pilgrim's ERISA Denial Questioned By 1st Circ.

    The First Circuit grilled a lawyer for Harvard Pilgrim Health Care on Wednesday over why it denied a young woman's claim for payment for inpatient mental health services she said she was entitled to under the Employee Retirement Income Security Act.

  • July 24, 2018

    Insurer Didn't Breach Policy In Coop Collapse Row: Del. Court

    Farm Family Casualty Insurance Co. did not breach a policy it issued to a Delaware farm when it refused to cover the collapse of a chicken coop during a blizzard, a state judge ruled Monday, finding that the insurer justifiably relied on expert reports indicating that the coop’s destruction was attributable to the excluded causes of snow and faulty construction.

  • July 24, 2018

    Progressive, USAA Beat Appeals In Reduced Benefit Cases

    The Tenth Circuit on Tuesday upheld orders dismissing two lawsuits alleging that United Services Automobile Association and Progressive Insurance improperly deducted auto policyholders' medical benefits payments from their uninsured motorist coverage, agreeing with lower courts that the policyholders’ claims are barred by their prior settlements with the insurers.

  • July 24, 2018

    Amazon Ducks Out Of Insurer's Product Liability Suit

    Amazon isn’t on the hook for a defective laptop battery it sold that caused a home to burn down, a New Jersey federal court said Tuesday, finding the online marketplace behemoth is not a “product seller” as defined by the state’s Product Liability Act.

  • July 24, 2018

    Deals Rumor Mill: Fosun, Median, Volvo

    Fosun International is reportedly mulling a deal to buy some or all of insurer Ageas, German clinic company Median Kliniken is up for sale, and Volvo Cars has been valued well below its owner’s target related to a potential stock market listing.

  • July 24, 2018

    How Mammoth Student Loans Are Dogging Today's Lawyers

    Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.

  • July 24, 2018

    Reed Smith Adds Norton Rose Health Care Privacy Pro

    Reed Smith LLP has hired a Norton Rose Fulbright attorney who represents health care and life sciences companies in data privacy and cybersecurity issues, Reed Smith said Monday.

  • July 23, 2018

    Tribune Shareholders Must Share Atty Docs In Insurance Row

    An Illinois state appeals panel has upheld most of an order forcing two former Tribune Media Co. shareholders to turn over documents they shared with their attorneys relating to their leveraged buyout of the media company, saying attorney-client privilege doesn't apply to the documents their insurance broker seeks. 

  • July 23, 2018

    Ambac's Claims Over $94M MBS Deal Not Ripe, US Bank Says

    A mortgage backed securities trustee told a New York federal judge Friday that trust insurer Ambac Assurance Corp. is jumping the gun with its lawsuit alleging that the bank is just trying to protect itself by pushing forward with a “paltry” $94 million settlement of claims brought over allegedly defective Countrywide loans in a particular trust it oversees.

  • July 23, 2018

    VP Of Insurance Underwriter Charged With $13.5 Million Fraud

    The vice president of an insurance company’s underwriting group stole more than $13.5 million from a corporate client by fraudulently collecting premium payments on “matching deductible” insurance policies, according to information federal prosecutors filed Friday in Illinois federal court.

Expert Analysis

  • A Torrid Pace Of Securities Suit Filings In Year’s 1st Half

    Kevin LaCroix

    A significant number of the securities class actions filed in the first half of 2018 were merger objection lawsuits, but the number of traditional filings alone was well above historical levels. If this pace continues, 2018 filings would approach last year’s elevated total, says Kevin LaCroix of RT ProExec.

  • Texas Case Shows Clarity Is Key In The Appraisal Process

    Jennifer Gibbs

    The 14th Court of Appeals in Houston recently ruled in TWIA v. Dickinson that an appraisal award alone does not provide sufficient evidence to conclusively show that damage was caused by a covered peril. Parties to the appraisal process should cooperate in educating the appraisal panel as to the issues being addressed, say Jennifer Gibbs and Michael Upshaw of Zelle LLP.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Opinion

    Washington State Should Amend Its Anti-Rebate Laws

    Nicholas Gregory

    Due to Washington state's anti-rebate laws, Zenefits customers in Washington now pay over $1,000 per year for a service that should be free. If a law advances no legitimate policy objective, and its net effect is to harm consumers, then the legislature should change the law, say Nicholas Gregory and Shawn Hanson of Akin Gump Strauss Hauer & Feld LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • New Support For Insureds Facing Government Subpoenas

    Caroline Meneau

    A recent decision from the Northern District of Illinois highlights the continued litigation around the scope of directors and officers liability insurance coverage for government investigations. Astellas v. Starr is a win for policyholders, reasoning that compliance with a government subpoena is essentially mandatory, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.