Insurance

  • January 26, 2018

    11th Circ. Says Condo Defect Row A 'Suit,' Triggers Coverage

    The Eleventh Circuit on Friday reversed a lower court and found that a Florida state process for resolving construction disputes is a “suit” capable of triggering an insurer’s duty to defend, in a case brought by a condominium association alleging construction defects against a contractor. 

  • January 26, 2018

    Halliburton Must Arbitrate $12M Dispute, Insurer Tells 5th Circ.

    Ironshore Specialty Insurance asked the Fifth Circuit on Thursday to send a dispute over whether Halliburton Energy Services Inc. owes it $12 million for an oil field explosion to arbitration, saying Halliburton can’t duck the arbitration clause in its drilling contract.

  • January 26, 2018

    Pa. Court Won't Rehear Murder-Suicide Insurance Row

    A Pennsylvania appeals court has shot down Erie Insurance Exchange’s bid for reargument challenging a November ruling that put it back on the hook for defending a man’s estate over claims related to gunshot wounds suffered by a bystander who walked in on a murder-suicide incident.

  • January 26, 2018

    Health Hires: Frost Brown, EBG, McDermott, Dykema Cox

    Frost Brown Todd LLC, McDermott Will & Emery LLP, Epstein Becker Green, Dykema Cox Smith and Michelman & Robinson LLP have all expanded their health care and life sciences capabilities with attorneys coming from major insurers, medical device companies, BigLaw and elsewhere.

  • January 26, 2018

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

    The last week has seen Slaughter and May bring a contract suit against an officer at a now-defunct hedge fund, an investment management firm sue a London gold mine operator, and three insurers lodging claims against an Emirates-based ship buyer. Here, Law360 looks at those and other new claims in the U.K.

  • January 26, 2018

    Taxation With Representation: Weil, Proskauer, Debevoise

    In this week's Taxation With Representation, Sanofi snapped up Bioverativ for $11.6 billion, Celgene bought Juno for $9 billion, and AIG acquired Validus for $5.56 billion.

  • January 25, 2018

    Ex-NFL Player Gets 2 Years For $1.5M Insurance Fraud

    A California federal judge on Thursday sentenced former New York Giants football player Marcus Buckley to two years in prison and ordered him to pay back more than $1.5 million for his role in an insurance fraud scheme involving a claims administrator, prosecutors said in a release.

  • January 25, 2018

    Verdict For Hartman Simons In $10M Legal Mal Coverage Row

    A Georgia federal jury on Thursday refused to let Twin City Fire Insurance Co. claw back $10 million it paid to settle a legal malpractice claim against Hartman Simons & Wood LLP, finding there was no evidence the law firm lied in its insurance application.

  • January 25, 2018

    No Duty To Defend Insured In Subcontractor Suit, Court Says

    An Illinois appellate court on Wednesday upheld a lower court's finding that Nautilus Insurance Group has no duty to defend a general contractor in a personal injury suit by an injured subcontracting employee, saying the parties’ contract excludes defending bodily injury claims from employees of an insured’s subcontractors.

  • January 25, 2018

    Mass. Commission Rethinks Narrowing Workers' Health Plans

    The commission that administers health insurance for Massachusetts employees and retirees, as well as their dependents and survivors, announced on Thursday that it plans to rethink a recent decision to scale back health plan offerings.

  • January 25, 2018

    Judge Says Mentally Ill Policyholder's Fire Not Accidental

    A Pennsylvania federal judge ruled Wednesday that Allstate was not obligated to reimburse a policyholder for fire damage to her home caused when her mentally disturbed husband — who was also a policyholder — intentionally set the fire.

  • January 25, 2018

    Cobalt, Insurer's Angola Drilling Fight Sent To State Court

    Cobalt International Energy Inc. and 15 of its current and former directors and officers can litigate what remains of a coverage fight with its primary insurer over an investor dispute stemming from unsuccessful offshore drilling ventures in Angola in state court, a Texas federal judge said on Tuesday.

  • January 25, 2018

    11th Circ. Revives Cert. In Avis Insurance Fraud Suit

    The Eleventh Circuit on Thursday said a Florida federal judge improperly decertified a class action alleging Avis and subsidiary Budget Rent-A-Car fraudulently sold foreign customers supplemental insurance that didn’t actually provide coverage for car rentals, reviving a Scottish consumer’s breach of contract and fraud claims and ordering the class recertified.

  • January 25, 2018

    FloaTEC Asks Judge To Reject Appeal Bid Over Chevron Rig

    Engineering firm FloaTEC LLC, which was involved in the design of a Chevron oil rig that broke, asked a Texas federal judge Thursday not to allow an immediate appeal by Lloyd's underwriters and other insurers who lost claims against FloaTEC, saying such an appeal would essentially be a waste of everyone’s time because another similar appeal is likely to exist in the foreseeable future.

  • January 25, 2018

    Insurance Group of the Year: Skadden

    The insurance mergers and acquisitions practice at Skadden Arps Slate Meagher & Flom LLP had a busy 2017, shepherding clients through $17.8 billion in deals — including some groundbreaking international transactions — to earn its spot as one of Law360's Practice Groups of the Year.

  • January 25, 2018

    Texas Surgery Center Bungled Anesthesia Care, Insurer Says

    A Texas surgery center failed to notice that an ankle surgery patient was drowning in her own vomit as she came out of anesthesia, a mistake that ultimately caused permanent brain damage when her heart stopped for 24 minutes, an insurance company said in a lawsuit filed in federal court Wednesday.

  • January 25, 2018

    Clifford Chance Nabs Ex-NY Prosecutor, Cyber Pro

    The former criminal chief at the Manhattan U.S. Attorney’s office who later helped New York’s financial regulator draft first-of-their-kind cybersecurity regulations for banks and insurers has joined Clifford Chance LLP.

  • January 25, 2018

    Weil Atty Helps Secure Loans For 3 Of 2017's Largest Deals

    Two decades of relationship-building and skill-honing helped a Weil Gotshal & Manges LLP attorney land work on the financing aspects of some of 2017’s most high-profile blockbusters, including transformational deals that disrupted industries like food, health care, and media and entertainment.

  • January 25, 2018

    EU Lawmakers Back US Bilateral Market Access For Insurers

    A European Parliament finance committee on Wednesday approved a landmark insurance agreement between the U.S. and the European Union to open up bilateral market access for trans-Atlantic reinsurers, a step long awaited by the industry.

  • January 24, 2018

    Feds Push To Expand FCA Billing Suit Against Fresenius

    Prosecutors on Wednesday asked a federal judge to side with a magistrate judge and let them add more claims to a whistleblower’s allegation that Fresenius Medical Care Holdings Inc. violated the False Claims Act by billing Medicare for unnecessary hepatitis B tests.

Expert Analysis

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Opinion

    Use The Right Antitrust Lens And Stop Eyeglass Merger

    David Balto

    The Essilor-Luxottica eyewear merger presents anti-competitive concerns that are similar to — if not exceeding — those alleged in AT&T-Time Warner. The transaction takes place in an industry where competitive problems already exist. This merger is a good case to challenge in court, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • 3 Takeaways Squeezed Out Of Juicer's Insurance Battle

    Walter Andrews

    Last month, a Washington district court rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice maker Tree Top Inc. Companies dealing with toxic or environmental claims can distill at least three important lessons from this case, say attorneys with Hunton & Williams LLP.

  • A Look Back At Texas Insurance Law In 2017

    Jennifer Gibbs

    2017 was a busy year for insurance practitioners, legislators and jurists in Texas, bringing a number of long-awaited Texas Supreme Court opinions, a few notable opinions from the Fifth Circuit and the introduction and passage of legislation aimed at minimizing abuses in weather-related claim and litigation matters, says Jennifer Gibbs of Zelle LLP.

  • The 10 Most Significant Insurance Coverage Decisions Of 2017

    Randy Maniloff

    For the 17th consecutive year, Randy Maniloff of White and Williams LLP takes a look at this year's most notable insurance coverage decisions, based primarily on the cases' potential to influence other courts nationally, and discusses the potential impacts of these important cases.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    40 Years Of FCPA

    FCPA

    ​Dec. 19 marked the 40th anniversary of the Foreign Corrupt Practices Act. Catch up on this series featuring reflections from attorneys who have played a role in the evolution of FCPA enforcement, defense and compliance.​

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Opinion

    A Fair Rate Of Return Is Required When States Set Prices

    Trevor Burrus

    The U.S. Supreme Court should hear Mercury v. Jones in order to clarify the constitutionally required fair rate of return standard. When a business loses the freedom to operate according to free market principles, going out of business is not a "fair rate of return," say Trevor Burrus of the Cato Institute and Eric Ashby of the University of Michigan Law School.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.