Insurance

  • September 7, 2017

    Atlantic Off Hook In Battle Over Coverage For E-Cig Explosion

    Atlantic Casualty Insurance Co. has prevailed in a coverage dispute with a vape shop that is being sued by a woman after an e-cigarette allegedly exploded in her mouth, as a Washington federal court granted the insurer summary judgment on Wednesday.

  • September 7, 2017

    Judge Won't Pause Petrobras' $400M Suit Over Bad Rig Chain

    A Texas federal judge on Wednesday trimmed a $400 million suit brought by Petrobras America Inc. and its insurers against a Spanish manufacturer but declined to halt the remaining claims over an allegedly defective component at an offshore oil and gas rig for arbitration.

  • September 6, 2017

    Suit Over Claims Admin's Deal In $16M Award Heads To Trial

    A Massachusetts federal judge on Wednesday changed course and ruled an insurance claims administrator is protected by a state “safe harbor” law in a suit arising from a $16 million verdict stemming from a woman’s death at a nursing home, but said a trial is still needed to resolve the case.

  • September 6, 2017

    5 Hurricane Harvey Insurance Battlegrounds To Watch

    As Hurricane Harvey's floodwaters recede and losses fully come into focus, property owners and their insurers will likely lock horns over a slew of issues, including whether damage was caused by flooding or wind and how many separate events contributed to a loss. Here, Law360 looks at five questions that may lead to clashes between policyholders and insurers in the hurricane's aftermath.

  • September 6, 2017

    Travelers Policy Exclusion Bars Leaky Roof Suit, Judge Says

    An Alabama federal judge Wednesday found roof leaks in a Birmingham office building were likely caused by careless repair crews and temperature changes and were therefore not covered by the owner’s Travelers Property Casualty Co. policy.

  • September 6, 2017

    ACA Peace Breaks Out After Years Of Partisan Combat

    Republicans and Democrats on Wednesday spent several hours discussing the Affordable Care Act calmly and constructively during a Capitol Hill hearing, a strikingly peaceful scene that left observers taken aback after eight years of partisan warfare.

  • September 6, 2017

    Ocwen To Pay $1M For Force-Placed Insurance Problems

    Ocwen Financial Corp. on Wednesday agreed to a $1 million penalty for failing to meet metrics related to the termination of force-placed insurance that was required under a 2014 national mortgage servicing settlement, according to court filings.

  • September 6, 2017

    Ex-Roche Worker, Insurer Settle Suit Over Malpractice Ruling

    A New Jersey man has settled his suit in federal court seeking $1.6 million from Twin City Fire Insurance Co. for a malpractice judgment against his disbarred and bankrupt former lawyer for bungling his employment suit against F. Hoffmann-La Roche Ltd., filings show. 

  • September 5, 2017

    Jury Awards Steinbeck Heir $13M Over Film Deal Shenanigans

    A California federal jury found late Tuesday that John Steinbeck’s daughter-in-law intentionally lied about her stake in the late author’s works to sabotage movie deals for “The Grapes of Wrath” and “East of Eden” arranged by Steinbeck’s stepdaughter, and awarded the stepdaughter $13.15 million, including punitive damages.

  • September 5, 2017

    Ex-Sedgwick Partner Who Settled Equal Pay Suit Joins Foran

    A former Sedgwick LLP nonequity partner — who settled a gender-based discrimination case against the firm earlier this year — has joined the Chicago office of Foran Glennon Palandech Ponzi & Rudloff, according to a statement released Tuesday.

  • September 5, 2017

    NJ Broker Can't Escape $2M Award Over Bowling Alley Fire

    A New Jersey state appeals court on Tuesday upheld a nearly $2 million judgment against an insurance broker over its alleged negligent advice regarding a 2009 policy for a bowling alley that was later destroyed in a fire, denying the agency's bid to toss the award because of surprise evidence after a trial had begun.

  • September 5, 2017

    Ambac Shareholder Suit Over Puerto Rico Bonds Dismissed

    Ambac Financial Group Inc. was cut loose Tuesday from a proposed class action accusing the bond insurer and its executives of misleading investors about its $2.5 billion Puerto Rican bond portfolio and exposure to losses, with a New York federal judge finding no alleged signs of intentional fraud or concealment.

  • September 5, 2017

    NJ Transit's Sandy Coverage Not Capped At $100M: Court

    A New Jersey judge has ruled that a $100 million sublimit for flood losses does not apply to New Jersey Transit Corp.'s claim for coverage of Superstorm Sandy damage, granting the transportation system a major win in its $400 million dispute with a group of excess insurance carriers.

  • September 5, 2017

    Producer Fights Insurer's $1.9M Fee Bid In Film Accident Row

    The producer of an Allman Brothers biopic objected Friday to a demand it pay $1.9 million in attorneys’ fees for its unsuccessful attempt to win more insurance coverage for a fatal filming accident, saying it had done nothing worthy of sanction.

  • September 5, 2017

    $43M Peabody Pollution Cleanup Deal With US Gets Court OK

    A Missouri bankruptcy judge on Tuesday approved a $43 million settlement between coal producer Peabody Energy Corp. and the U.S. government over environmental liabilities incurred by a Peabody subsidiary at 13 Superfund sites contaminated by heavy metal mining and production.

  • September 5, 2017

    Black Lung Fight Belongs In Court, Arch Coal Tells DC Circ.

    A D.C. federal judge got it wrong when he said Arch Coal’s challenge of a U.S. Department of Labor bulletin that advised on who should be liable for certain coal miner black lung claims needed to be heard by the agency itself, the coal giant told the D.C. Circuit Friday.

  • September 5, 2017

    Sedgwick Loses NYC Managing Partner To Kennedys CMK

    The managing partner of Sedgwick LLP's New York office has joined Kennedys CMK, the firm announced Tuesday, in the latest in a series of departures this year from the troubled San Francisco-based firm.

  • September 5, 2017

    Saul Ewing, Arnstein & Lehr Merger Yields 15-Office Firm

    Saul Ewing LLP and Arnstein & Lehr LLP announced Tuesday they have merged to create a more than 400-attorney firm with 15 offices along the East Coast and in the Midwest.

  • September 5, 2017

    Texas High Court Won't Hear Risk Pool Reinsurance Tax Row

    The Texas Supreme Court in a brief entry filed on Friday declined to take up a challenge brought by two insurers against an appeals court’s finding that their reinsurance of two governmental self-insurance risk pools isn’t eligible for tax breaks on reinsurance premiums under state law, leaving intact their $1 million tax payment.

  • September 1, 2017

    Trailer Not A Warehouse Under Insurance Policy: 2nd Circ.

    The Second Circuit ruled Friday that a trailer stolen from outside of a laptop company’s Miami warehouse — with $711,000 worth of goods inside — was not covered under property damage insurance, saying dictionary definitions of “warehouse” clearly don’t apply to a trailer.

Expert Analysis

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Why UnitedHealthcare's Litigation Against CMS Is Unique

    Ursula Taylor

    UnitedHealthcare's efforts to challenge a Centers for Medicare and Medicaid Services overpayment rule has the potential to benefit other Medicare Advantage organizations. However, those hoping to ride on UHC's coattails and benefit from a swift and clean victory should understand UHC's unique litigation position, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Be Prepared For Maritime Incidents

    Christopher Nolan

    Booming waterborne trade has led to more complicated logistics chains. A patchwork of understandings, partnerships and daily practices between maritime shipping interests can lead to legal ambiguity. It is vital to review corporate documentation process and policies before disaster strikes, say Christopher Nolan and Blythe Daly of Holland & Knight LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.