Insurance

  • May 4, 2017

    Insurer OK To Snub Wrongful Death Deal, 11th Circ. Affirms

    The Eleventh Circuit on Wednesday affirmed that Mendakota Insurance Co. didn't act in bad faith by failing to accept an offer to settle a wrongful death claim asserted against its policyholder over a drunken-driving accident that killed a young boy, saying the insurer wasn't obligated to accept the proposal because it didn't resolve all potential claims.

  • May 4, 2017

    Continental Fights Ponzi Coverage After 9th Circ. Revival

    Continental Casualty Co. and the receiver for a defunct company that ran a Ponzi-like real estate embezzlement scheme squared off in California federal court Thursday, almost a year after the Ninth Circuit revived the case, with Continental arguing that a 2004 policy doesn’t cover the losses.

  • May 4, 2017

    EZ-FLO To Face Faulty Supply Lines Suit In State Court

    A California federal judge on Wednesday sent a group of insurers’ lawsuit alleging damages from poorly made water supply lines back to state court, saying there were too few plaintiffs for the case to be heard in federal court.

  • May 4, 2017

    Firm, CEO To Pay $4M In Ponzi-Like Life Settlement Scheme

    An investment company and its CEO agreed Thursday to pay more than $4 million to settle a New Jersey federal suit alleging they took in new money to pay off earlier investors in a Ponzi-like scheme and cut the owner an outsize take of the capital raised, the U.S. Securities and Exchange Commission announced.

  • May 4, 2017

    Insurers Say Puerto Rico's Plan Violates Restructuring Law

    The insurers of $9 billion of Puerto Rico’s $70 billion debt told a federal court Wednesday that the commonwealth's fiscal plan illegally prioritizes government spending over debt service.

  • May 4, 2017

    Fla. Insurance Co. Pays $100K To End Pregnancy Bias Suit

    A Florida insurance broker will pay $100,000 to settle a U.S. Equal Employment Opportunity Commission suit alleging it rescinded a job offer when it learned the recipient was pregnant, according to an order filed Wednesday in Florida federal court.

  • May 4, 2017

    Kennedys Inks US Merger, Creating 1,000-Atty Heavyweight

    International insurance and litigation giant Kennedys is set to merge with midsize U.S. law firm Carroll McNulty & Kull, the firms announced Thursday, creating a law firm with more than 1,000 lawyers and continuing Kennedys’ march into the Americas.

  • May 4, 2017

    Trump Orders Looser Regs For ACA Contraceptive Mandate

    President Donald Trump signed an executive order Thursday directing federal agencies to look into exempting religious employers from the Affordable Care Act’s contraceptive mandate.

  • May 4, 2017

    House Votes To Repeal Obamacare

    The U.S. House of Representatives passed its sweeping health care overhaul Thursday afternoon on a close partisan vote, with the American Health Care Act altering many of the Affordable Care Act's taxes, coverage requirements and pre-existing condition protections.

  • May 3, 2017

    Ill. Court Won't Revive Suit Over Junk-Fax Deal Indemnity

    An Illinois appeals court on Tuesday upheld a trial court's decision not to revive a suit over the indemnification of a Canadian home health-support company following a settlement it reached with an Illinois firm in a suit over alleged junk faxes.

  • May 3, 2017

    9th Circ. Revives Members' Insurance Suit Against AARP

    The Ninth Circuit on Wednesday revived a putative class action alleging AARP Inc. members are tricked into paying inflated rates with a hidden commission for supplemental Medicare insurance, ruling there’s a plausible claim that the nonprofit “solicits” insurance without a license, against California law.

  • May 3, 2017

    Travelers Suit Nixed Over Tate & Lyle Enviro Coverage In NJ

    Travelers Indemnity Co. and related entities lost their bid Tuesday to litigate a dispute in Illinois state court over insurance coverage for remediation costs facing a unit of British ingredients firm Tate & Lyle PLC in the more than $1 billion cleanup of a heavily polluted river in New Jersey.

  • May 3, 2017

    Wash. Justices' Causation Ruling Curbs Pollution Exclusions

    Washington state's high court recently held that a pollution exclusion doesn't negate liability coverage where negligence is the primary cause of a loss, a ruling that drastically curtails insurers' ability to wield such exclusions to deny policyholders a defense against lawsuits alleging negligent conduct.

  • May 3, 2017

    House GOP To Push AHCA Vote Thursday

    House leaders plan to hold a vote Thursday to repeal the Affordable Care Act, with further tweaks to the repeal bill announced Wednesday that add $8 billion in federal support for new high-risk pools for people with pre-existing health conditions.

  • May 3, 2017

    Dillard's Insurer Won't Have To Face Data Breach Class

    Dillard’s employees who had their personal information made public cannot collectively sue the insurer that allegedly caused the breach because the potential class members are spread across too many states, all with separate contract laws, an Illinois federal judge ruled Wednesday.

  • May 3, 2017

    4th Circ. Axes Bad Faith Award In Allstate Flood Coverage Suit

    The Fourth Circuit on Wednesday reversed a lower court’s ruling that Allstate Insurance Co.’s denial of flood insurance coverage to a North Carolina couple was a “flagrant act of bad faith,” finding the suit was barred by the strict one-year statute of limitations for flood insurance claims.

  • May 3, 2017

    Insurer Must Pay Tax Debt Before Policyholder: 3rd Circ.

    A Third Circuit panel on Tuesday overturned a Pennsylvania district court and determined that a Pennsylvania law requiring an insurance company to pay unpaid property taxes before remitting fire insurance proceeds to a policyholder applied even if that policyholder didn’t own the property.

  • May 3, 2017

    Wis. Court Says Trashed Tapes Triggered Defense Duty

    The Wisconsin Court of Appeals on Tuesday reversed a lower court decision and found Erie Insurance Co. has a duty to defend a media company against a suit over destroyed videotapes, saying the tapes were physical property covered by the company’s policy.

  • May 3, 2017

    Fiduciary Rule Exceeds DOL’s Authority, 5th Circ. Told

    Several financial industry and insurance groups told the Fifth Circuit on Tuesday that the U.S. Department of Labor exceeded its “narrow authority” and flouted longstanding distinctions between fiduciaries and salespeople in developing its fiduciary rule for retirement account advisers.

  • May 3, 2017

    Real Estate Rumors: Jesse Cohn, Allstate, CC Homes

    Elliott Management's Jesse Cohn has reportedly dropped $30 million on a Manhattan penthouse, Allstate is said to be leasing 57,000 additional square feet in a Chicago Vornado Realty Trust building, and CC Homes has reportedly landed $56 million in financing for a Florida residential project.

Expert Analysis

  • Predicting Brexit's Lasting Impact On US And UK Markets

    Zoë Connor

    The U.K.'s triggering of Article 50 has possible ramifications for banks, asset managers, insurers and other financial service providers in the European Economic Area, but there can be little doubt that the U.S. and the U.K. will continue to trade successfully as they have done for centuries, say attorneys with Haynes and Boone LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Group P&C Insurance: Admitted And Surplus Lines Issues

    Zachary N. Lerner

    Group property and casualty insurance offers many advantages over traditional individualized coverage, but sometimes leads to more regulatory questions across both the admitted and surplus lines insurance markets. States can be fully expected to issue clarity on these issues through new statutes, regulations, bulletins and opinions in the months and years to come, says Zachary Lerner of Locke Lord LLP.

  • Calif. High Court Creates Exception To Concepcion

    Kathleen Taylor Sooy

    The California Supreme Court's recent decision in McGill v. Citibank is the latest entry in the court's well-known history of limiting what rights consumers may waive through arbitration agreements — potentially setting the stage for another review by the U.S. Supreme Court, say attorneys with Crowell & Moring LLP.

  • Potential Tax Changes Are On The Horizon For Life Insurance

    Brian T. Casey

    Proposed legislation introduced in the U.S. House of Representatives, if passed, will directly impact the life settlement industry by revamping the Internal Revenue Code's rules and requirements related to the sale of life insurance policies, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • How Blockchain Can Be Applied To Real Estate Law

    Excerpt from Lexis Practice Advisor
    S. H. Spencer Compton

    It is likely that in the future, aspects of blockchain technology will be integrated into current real estate recording systems in order to make transfers faster, cheaper and more secure. Notwithstanding reservations about blockchain, the smart money is to bet on its implementation, say S.H. Spencer Compton of First American Title Insurance Co., and Diane Schottenstein.

  • How Fla. Insurers Can Deal With Bad Faith Claims: Part 2

    Rory Eric Jurman

    Looking at the impact and potential effects of cases like Trafalgar, Lime Bay and Cammarata can assist insurers and their counsel with forming an effective defense against the perpetual threat of first-party bad faith claims, says Rory Jurman of Fowler White Burnett PA.

  • Top 10 Litigation Risks For Retailers In 2017

    Ann Schofield Baker

    With the 2017 retail season in full swing, what issues are keeping retailers up at night? Ann Schofield Baker of Perkins Coie LLP has distilled a list of top retail risks and trends this year, ranging from data breaches, cyber-ransom threats and toxic chemical compliance to the potential for litigation over subjects including shipping fees, discount pricing and website accessibility.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • How Fla. Insurers Can Deal With Bad Faith Claims: Part 1

    Rory Eric Jurman

    Though Florida standard jury instruction regarding insurers' bad faith is very clear, this standard is rarely simple in practice. In the first part of this two-part series, Rory Jurman of Fowler White Burnett PA aims to shed light on some of the convoluted elements insurers may encounter when dealing with bad faith claims.