Insurance

  • April 2, 2018

    Husch Blackwell Adds 14 From Gardere Wynne In Texas

    Husch Blackwell LLP added 14 lawyers — including eight partners — to its Texas offices Monday, tapping attorneys who left Gardere Wynne Sewell LLP amid its merger with Foley & Lardner LLP.

  • March 30, 2018

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

    The last week has seen more than a dozen former professional soccer players sue several financial advisers, the former owner of now-insolvent British fashion chain Jaeger lodge a contract dispute against Lloyds Bank and a private equity fund that bought him out, and Denmark's tax authority lodge an action against Barclays and other firms. Here, Law360 looks at those and other new claims in the U.K.

  • March 30, 2018

    AIG Unit Ordered To Pay $6.6M In Wildfire Defense Costs

    An AIG unit must pick up the tab for half of the $13.2 million that American States Insurance Co. paid to defend Sierra Pacific Industries in litigation over a 2007 California wildfire, a federal judge ruled on Friday, finding that an equal division between the two insurers is appropriate because they shared the primary duty to defend Sierra.

  • March 30, 2018

    9th Circ. Won't Revive TCPA Suit Over Patient Survey Calls

    The Ninth Circuit affirmed the toss of a putative class action accusing a quality assurance survey provider of violating the Telephone Consumer Protection Act by repeatedly calling a medical group's patients, ruling that the plaintiff's signed enrollment form with her health insurance plan meant she had consented to the calls.

  • March 30, 2018

    Goodwin Liu Talks Academia, Constitutional Law, Oxtail Stew

    California Supreme Court Associate Justice Goodwin Liu discusses his interest in constitutional law, the transition from academia to judgeship, and the challenges that Asian-Americans currently face in the legal industry, as well as some of his personal hobbies.

  • March 30, 2018

    Wellness Rule Clarity May Wait For New Commish, EEOC Says

    The U.S. Equal Employment Opportunity Commission told a Washington, D.C., federal judge on Friday that it may not put out new rules for incentivizing workplace wellness programs until Congress confirms outstanding nominees for two seats on the commission, including the chair.

  • March 30, 2018

    Battle Intensifies Over Patriot National D&O Insurance

    Former Patriot National Inc. directors and officers hit back late Thursday at objections to their bid for greater access to company liability insurance benefits, in advance of a Delaware bankruptcy court-mandated mediation over multiple claims to the coverage.

  • March 30, 2018

    TM Fight Coverage Denial Not So Sweet, Creamery Says

    Ice cream maker Hershey Creamery Co. sued a pair of Liberty Mutual insurers in Pennsylvania federal court on Friday, alleging the insurer wrongly ceased defending the creamery in a trademark infringement battle with a competitor even though the underlying suit includes potentially covered claims of slogan infringement.

  • March 30, 2018

    Insurer Fights For Repayment In Condo Defect Coverage Row

    Scottsdale Insurance told a Texas federal judge Thursday that it should be reimbursed for covering a masonry company in a state court suit over the purportedly defective construction of a condo complex, while American Mercury countered that the property damage is outside the scope of its policies.

  • March 29, 2018

    Northrop Loses Bid To Send ERISA Coverage Dispute To Del.

    A California federal judge has ruled that Axis Reinsurance Co.'s bid to recoup a portion of what it paid to help settle an Employee Retirement Income Security Act suit against Northrop Grumman Corp. will not be transferred to Delaware, saying there is an insufficient basis to grant the Northrop's request.

  • March 29, 2018

    Doctor's Widow Can't Get $5M From MetLife, 11th Circ. Says

    The Eleventh Circuit sided with MetLife on Thursday in a dispute over the proceeds of a late doctor’s life insurance policy, affirming a decision that said the appropriate policy payout was $635,000, not the $5.1 million the doctor’s widow demanded.

  • March 29, 2018

    Quest Beats Out-Of-Pocket Overcharge Suit, For Now

    A New Jersey federal judge on Thursday dismissed, for now, a putative class action claiming Quest Diagnostics Inc. overcharges its customers for tests not covered by insurance, finding that their claims, as currently alleged, don’t amount to deceptive trade practices.

  • March 29, 2018

    Deals Rumor Mill: Walmart, VW, SoftBank

    Walmart is in preliminary talks to buy insurer Humana, a Volkswagen board could reportedly OK plans to list its trucks and buses unit in the coming weeks, and SoftBank is considering buying a sizable portion of reinsurer Swiss Re.

  • March 29, 2018

    Insurers Can Pick Consultant In Environmental Suit: Judge

    An Indiana federal judge on Wednesday found that a dry cleaner's insurers, not the dry cleaner, have the right to pick a consultant to assist in defending the cleaner against chemical dumping claims.

  • March 29, 2018

    Builders' Coverage Doubts Deepened By NY High Court Ruling

    In recently holding that a construction manager doesn't qualify as an additional insured under a contractor's policy because the two companies don't have a direct contract, a split New York high court has compounded uncertainty among builders about the requirements to secure the critical coverage, attorneys say.

  • March 29, 2018

    Insurer Wins $1.2M In Coverage Dispute Over Dirty Milk

    A New York federal judge on Wednesday awarded $1.2 million to an insurer that provided a defense against two actions accusing a trucking company of delivering contaminated milk to a dairy plant, finding that another insurer should have covered the legal fees and settlement instead.

  • March 29, 2018

    Impax Ends Acne Drug Pay-For-Delay Suit For $20M

    Impax Laboratories Inc. on Thursday reached a $20 million midtrial settlement with a class of consumers and insurers, ending a suit in Massachusetts federal court that claimed the lab delayed the launch of a generic acne medicine in exchange for a $40 million payment.

  • March 28, 2018

    Pharmacies Again Sue Express Scripts After Talks Fail

    A group of pharmacies again claimed in Missouri federal court Wednesday that Express Scripts Inc. has been using patient prescription data gained as part of its pharmacy benefit management business to secretly steal clients from the independent pharmacies it contracts with.

  • March 28, 2018

    NY Ruling Curtails Insurers' Environmental Cleanup Exposure

    New York's high court ruled Tuesday that a Chubb Ltd. insurer doesn't have to cover a gas company's environmental remediation costs for years when no pollution insurance was available in the marketplace, a decision that limits carriers' exposure to cleanup coverage claims by forcing policyholders to pick up the tab for such periods.

  • March 28, 2018

    Insurer In Rehab Can't Flee Personal Injury Coverage Row

    An insurer can’t escape a dispute over whether it owes an air-blasting equipment manufacturer a defense against multiple personal injury suits just because it is in rehabilitation proceedings in Nebraska, a Pennsylvania federal judge has determined.

Expert Analysis

  • The 8 Corners Rule Is Not So Absolute

    Ronald Puhala

    Though some courts adhere to an overly strict interpretation of the eight corners rule, consideration should be given to the argument that the rule only determines when the duty to defend is triggered, not when it is terminated, says Ronald Puhala of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Calif. High Court Has A Chance To Define 'Accident'

    Gretchen Hoff Varner

    In Liberty v. Ledesma next week, the California Supreme Court will have an opportunity to answer, once and for all, what constitutes an "accident" under insurance policies and potentially clarify significant issues of both insurance law and tort law generally, say Gretchen Hoff Varner and Broer Oatis of Covington & Burling LLP.

  • 7 Tips For Creating Effective Employee Wellness Programs

    Kofi Semenya

    Despite the stated benefits for both employers and employees, some employers still struggle to implement successful wellness programs or have a significant percentage of their workforce refuse to sign up. Kofi Semenya of Isaac Wiles Burkholder & Teetor LLC shares suggestions for employers who want to establish a wellness program and maximize participation.

  • So Far, So Right — Menchaca Has Not Changed Appraisal Law

    Victoria Vish

    Ten months ago, the Supreme Court of Texas issued an opinion in USAA v. Menchaca, which some claimed would change the course of Texas precedent regarding extracontractual liability. As predicted in a previous Law360 guest article, however, the decision has yet to disturb the finality of an appraisal award, says Victoria Vish of Zelle LLP.

  • Tax Reform's Impacts On Pass-Through Entities

    2 Ways Tax Reform Impacts Pass-Through Entities And Owners

    The tax reform bill passed at the end of 2017 includes numerous provisions affecting pass-through entities and their owners. These provisions are complex, and create both strategic opportunities and pitfalls for the unwary. In this video, Wes Sheumaker and Eric Santos of Eversheds Sutherland LLP discuss the 20 percent deduction for qualified business income and the limitation on excess business losses.

  • Cryptocurrencies: Money, Securities Or Other Property?

    Leland Jones

    While newer forms of commercial crime policies specifically address cryptocurrency losses, there may be debate whether cryptocurrencies are "money," "securities" or "other property" under traditional crime forms. The argument will possibly focus on the "security" definition, say attorneys with Wiley Rein LLP.

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.