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Insurance

  • May 30, 2018

    Revive HIV Suit Coverage Claims, Porn Studios Tell 9th Circ.

    The parent company of porn studio Kink.com told the Ninth Circuit on Tuesday that a lower court was wrong to bar insurance coverage for underlying suits brought by actors claiming they contracted HIV on set, because Kink.com never intentionally caused the alleged harm.

  • May 30, 2018

    Horizon Blue Cross Slips Suit Over Elbow Surgery Denial

    A New Jersey federal judge granted Horizon Blue Cross Blue Shield of New Jersey a quick win Tuesday in a suit brought by a school nurse over the insurer’s decision to deny what it called an experimental treatment for her elbow injury.

  • May 30, 2018

    Businesses Tell Trump Admin. To Suspend ACA Tax Penalties

    The Internal Revenue Service should immediately cease issuing tax penalties associated with the Affordable Care Act’s employer mandate, a dozen business groups said in a letter Wednesday to top officials in President Donald Trump’s cabinet.

  • May 30, 2018

    11th Circ. Resets Imperial Sugar Blast Insurance Row

    A years-long coverage spat between American International Group Inc. and an excess insurer over multimillion-dollar payouts tied to the 2008 Imperial Sugar Co. explosion is back to square one, after the Eleventh Circuit found that a lower court lacked jurisdiction to hear the suit in the first place.

  • May 30, 2018

    What To Know About Architect Group's New Contract Forms

    With the American Institute of Architects set to phase out its old contract documents and require attorneys to use a new set unveiled last year, those who use the contracts need to familiarize themselves with what experts have called evolutionary, but not revolutionary, changes. Here, Law360 takes a look at several of the major changes attorneys must know as they transition to the new forms.

  • May 29, 2018

    Calif. High Court Told Workers' Comp Is Sole Med Mal Remedy

    The California Supreme Court heard arguments Tuesday in a case that could determine boundaries for the state’s workers’ compensation system, with the attorney for workers' compensation services provider CompPartners arguing the company can’t be sued over a treatment decision it provided when it was hired to evaluate the necessity of an injured worker’s care.

  • May 29, 2018

    Suits Show Conflict Even At BigLaw's Best Places For Women

    Women have been gaining ground at Ogletree Deakins and Morrison & Foerster, but gender discrimination lawsuits against these firms and others suggest that expanding women's representation doesn’t necessarily lead to equal treatment.

  • May 29, 2018

    Reform Or Retreat? UK Firms Eye Next Steps On Pay Data

    U.K. law firms have come up with numerous approaches to a new requirement for disclosing gender pay gap information, and the ensuing PR storm is pushing them in conflicting directions.

  • May 29, 2018

    How Women Are Changing The Law Firms They Lead

    Female law firm leaders have scraped their way to the top. Now they want to pull up other women, too. And this may be their toughest challenge yet.

  • May 29, 2018

    The Best Law Firms For Female Partners

    Our latest Glass Ceiling Report shows that women remain underrepresented in the legal profession, particularly at the top levels of most — but not all — law firms. Here are this year’s Ceiling Smashers, our annual ranking of the firms with the most women in the equity tier.

  • May 29, 2018

    Colo. High Court Won't Trim Award In Fire Coverage Fight

    Colorado’s high court on Tuesday refused to trim a bad faith award against American Family Mutual Insurance Co. in an apartment fire coverage dispute by the amount of policy benefits the insurance company delayed but ultimately paid to its insureds prior to litigation, saying the relevant statute does not require such a reduction.

  • May 29, 2018

    Humana Fights To Keep $45B Tricare Deal's Info Secret

    A unit of health insurance giant Humana hit the Defense Health Agency with a “reverse Freedom of Information Act” suit in Washington, D.C., federal court Tuesday, trying to stop it from publicly releasing trade secrets related to the insurer's massive $45 billion Tricare managed care contract.

  • May 29, 2018

    Pa. Police Can't Recoup Trooper's Benefits After $1M Deal

    The Pennsylvania State Police on Tuesday saw the state’s highest court shoot down its bid to recoup workers’ compensation benefits it paid to a trooper who was injured in an on-duty car crash by claiming part of a $1 million settlement he inked over the accident.

  • May 29, 2018

    1-Year Cutoff Doesn't Apply To Insurance Rows: Colo. Justices

    The Colorado Supreme Court on Tuesday ruled that claims for an insurer's unreasonable delay or denial of policy benefits are not subject to a one-year statute of limitations for actions seeking penalties, allowing a roofing contractor to proceed with its lawsuit over American Family Mutual Insurance Co.’s alleged underpayment on a hail damage claim.

  • May 29, 2018

    Insurer Says Contractor Injury Not Covered Under Policy

    Atlantic Casualty Insurance Co. on Tuesday said it doesn't have to cover a construction and remodeling company in a contractor's personal injury suit, urging an Illinois federal court to grant it summary judgment and let it dodge the suit.

  • May 29, 2018

    Justices Leave FDIC To Tap Seized Bank's $10M D&O Policy

    Lloyd's of London won't get another shot at preventing the Federal Deposit Insurance Corp. from collecting on a $10 million directors and officers policy issued to a failed bank, after the U.S. Supreme Court on Tuesday declined to take up the case.

  • May 29, 2018

    Cigna Units, Surgical Centers Settle $8M ERISA Suit

    Two Cigna units and three ambulatory surgical centers in Texas have agreed to settle a suit accusing the centers of violating the Employee Retirement Income Security Act and costing the insurance company more than $8 million in unnecessary charges. 

  • May 25, 2018

    Law360's Glass Ceiling Report, By The Numbers

    Our latest survey of the largest U.S. law firms again paints a bleak picture for female attorneys. Here’s our breakdown of the data from this year’s Glass Ceiling Report.

  • May 25, 2018

    Law360's Pro Say: Why Are All The Partners Still Men?

    Are you looking around your firm and still seeing a lot of men in leadership? On the latest episode of Law360's Pro Say podcast we discuss our annual Glass Ceiling report, which reveals little progress for women in the law, and we speak with Kerrie Campbell, an attorney who filed a high-profile gender bias suit against her firm.

  • May 25, 2018

    What Does Gender Parity In The Legal Industry Look Like?

    Law360 asked more than 40 women how we’ll know when the legal industry has achieved true gender parity. Here’s what they had to say.

Expert Analysis

  • Insurance Type Can Affect Choice Of Law Analysis In Del.

    Wasson.jpg

    The Delaware Superior Court's decision in Arch Insurance Co. v. David Murdock underscores the importance of the choice of law analysis in insurance coverage disputes and reaffirms a distinction previously recognized, but not always applied, between D&O and general liability policies, say Jennifer Wasson and Carla Jones of Potter Anderson & Corroon LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

    craig.jpg

    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Texas Insurers Should Prepare For Unexpected Floods

    Shannon O'Malley

    Because Texas floodplain maps have recently been demonstrated to be unreliable, insurers should not rely exclusively upon these designations in underwriting risks. Instead, insurers should reassess the risk for flooding in areas known to have heavy rainfall records, heavy development, aged infrastructure systems and unexpected flood losses, says Shannon O'Malley of Zelle LLP.

  • New TCJA Reporting Rules For Life Settlement Transactions

    Brian Casey

    Investors who acquire in-force life insurance policies in the secondary trading market and life insurers paying death benefits for secondary life insurance market policies must understand the Tax Cuts and Jobs Act's new Internal Revenue Service informational reporting requirements, say attorneys with Locke Lord LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.