• August 29, 2017

    Insurer Says 4th Circ. Backs Coverage Denial Over Fake MD

    Evanston Insurance Co. told a South Carolina federal judge Monday that it was not responsible for defending a nursing home that allegedly hired a man masquerading as a doctor on certain claims, citing a Fourth Circuit ruling in the matter.

  • August 29, 2017

    IRS Rule On Life Insurance Plans Too Vague, 9th Circ. Told

    The IRS rule on which types of employee life insurance plans must be reported to avoid penalties is so vague as to be impossible to follow, a California glass installation company has told the Ninth Circuit, demanding refunds on penalties for failing to disclose plans it says fell outside the rule.

  • August 29, 2017

    Ambac, Mortgage Co. Ripped Off Military Housing, Suit Says

    A group of military housing developers on Monday accused a pair of mortgage and insurance corporations in California federal court of bilking them for hundreds of millions of dollars in excessive fees through a secret mutual arrangement to boost profits on financing and insurance deals.

  • August 29, 2017

    Nixed Class To Seek 7th Circ. Input On TCPA Fax Consent

    A group of people who say they received illegal faxes from HumanaDental Insurance Co. told an Illinois federal judge Tuesday they will ask the Seventh Circuit to reinstate their class certification after the judge said recent shifts in the requirements of the Telephone Consumer Protection Act warranted decertification.

  • August 29, 2017

    Express Scripts, Others Face ERISA Suit Over EpiPen Costs

    Pharmacy benefit managers Express Scripts Inc., OptumRx Inc. and Prime Therapeutics LLC have agreed to give Mylan Pharmaceuticals Inc.’s EpiPen favorable placement on drug formularies in exchange for kickbacks, employees under Employee Retirement Income Security Act benefit plans claimed in a proposed class action filed Tuesday in Kansas federal court.

  • August 29, 2017

    GDI Property Reaches Deal To Buy Perth Building For $172M

    GDI Property Group has reached an agreement to buy an office building in the central business district of Perth, Australia, from the Insurance Commission of Western Australia for AU$216.25 million ($172.27 million), according to separate announcements on Tuesday from the companies.

  • August 29, 2017

    Dillard's Worker Says Insurer Can't Escape Privacy Suit

    A Dillard's employee told an Illinois federal judge on Monday that Combined Insurance Co. of America can’t escape a suit accusing the department store chain of breaking a pledge to keep personal information off the internet, blasting the insurer’s “ridiculous theory” that the rights of its insureds are restricted.

  • August 28, 2017

    7th Circ. Affirms Dismissal Of RICO Suit Against Travelers

    The Seventh Circuit on Monday upheld an order dismissing a proposed class action alleging Travelers and its outside counsel violated the Racketeer Influenced and Corrupt Organizations Act and other statutes by concealing policyholders' full limits from car crash victims, agreeing with a lower court that none of the claims in the lawsuit hold water.

  • August 28, 2017

    Chinese National Charged In Trading OPM Hack Malware

    A Chinese national is facing charges of conspiracy and computer hacking related to allegations he dealt in a rare malicious software tool linked to major breaches at the U.S. Office of Personnel Management and Anthem, according to court documents unsealed last week in California federal court.

  • August 28, 2017

    Phelps Dunbar Says Lloyd's Suit Must Be Arbitrated

    Phelps Dunbar LLP on Friday doubled down on its bid for a California federal court to toss a malpractice suit brought by a group of Lloyd's of London underwriters over an allegedly bungled $45 million underlying lawsuit, slamming the syndicates’ contention that they never signed an arbitration agreement.

  • August 28, 2017

    Couple Must Pay Back ACA Credits After Wife Gets Job

    A California couple will have to pay back thousands of dollars in advance Affordable Care Act tax credits after the wife’s new job placed them over the income limit for the benefits, the U.S. Tax Court ruled Monday, rejecting their complaints that they would have enrolled in a cheaper health insurance plan had they known of such an outcome.

  • August 28, 2017

    Aetna Hit With Class Action Over HIV Drug Disclosure

    Aetna Inc. unlawfully exposed confidential HIV-related information by using partly transparent envelopes to mail instructions about obtaining HIV medication to roughly 12,000 people, current and former policyholders claim in a proposed class action filed Monday in Pennsylvania federal court.

  • August 28, 2017

    Chinese Insurer Blasts Dick's Latest Push To Keep Suit In US

    A Chinese insurer embroiled in a coverage dispute with Dick’s Sporting Goods over a personal injury suit involving a burst exercise ball has urged a Pennsylvania federal court to adopt a magistrate judge’s recommendation that the suit be tried in China, calling Dick’s arguments to the contrary flimsy at best.

  • August 28, 2017

    UBS Says Exclusions Don't Bar Puerto Rico Bond Defense

    A UBS AG unit hit back Monday at insurance carriers' efforts to shut down its $20 million coverage suit regarding claims that investors lost billions of dollars because UBS manipulated Puerto Rico's municipal debt bond market, asserting that the exclusions the insurers cited do not apply to the claims.

  • August 25, 2017

    Anthem's Record $115M Data Breach Deal Gets First Nod

    U.S. District Judge Lucy Koh on Friday granted preliminary approval to a $115 million deal ending litigation over Anthem Inc.’s massive 2015 data breach, advancing what’s being hailed as the largest-ever data breach settlement, which would provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees.

  • August 25, 2017

    Aetna's HIV Lapse Shows Snail Mail's Privacy Pitfalls

    Letters to Aetna Inc. policyholders that publicly divulged information about HIV medications represented a clear breakdown of Health Insurance Portability and Accountability Act controls and are a reminder of snail mail's distinct privacy risks, attorneys say.

  • August 25, 2017

    Attys Leave Case Against Geico Amid Ethics Issues

    A Florida federal judge has allowed attorneys to withdraw their representation of a Tampa auto glass shop seeking to lead a class action accusing Geico General Insurance Co. of systematic underpayments, saying Thursday the lawyers demonstrated just cause, including “serious ethical considerations.”

  • August 25, 2017

    MF Global Must Go To Arbitration With Insurer, Judge Says

    A New York bankruptcy judge told defunct brokerage MF Global on Thursday that it must arbitrate in Bermuda a dispute with Bermuda-based excess insurer Allied World over a $15 million policy, saying it’s a noncore proceeding and that a broad arbitration agreement is in play.

  • August 25, 2017

    10th Circ. Tosses Ski Resort's Insurance Appeal

    The Tenth Circuit on Friday found a New Mexico ski resort isn't entitled to coverage from Nova Casualty Co. for the more than $1 million it spent to remediate environmental contamination on its property, saying third-party liability can’t overcome a first-party damage exclusion.

  • August 25, 2017

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

    The last week has seen the Netherlands file a Financial List claim against Deutsche Bank, nearly 100 individuals launch an insurance dispute against AIG Europe, and an African mining firm sue a pair of insurers. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Dual Boston Blazes Prompt A New Look At Construction Risks

    Kristin Suga Heres

    In recent weeks, massive conflagrations destroyed two Boston-area residential developments in the midst of construction. While it remains to be seen whether the losses will have an impact on building codes, construction policies or the underwriting of construction risks, ignoring the blaring alarms would be both foolish and costly, says Kristin Suga Heres of Zelle LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Evolving Insurance Coverage For Drone Losses And Liabilities

    Marialuisa Gallozzi

    As use of drones and related insurance exclusions and specialty coverages grow, individuals and companies using drones for recreational or commercial purposes will need to make sure that their insurance protects them against potential losses and liabilities, says Marialuisa Gallozi of Covington & Burling LLP.

  • How Highly Automated Vehicles Will Drive Legal Change

    Jason McCarter

    When highly automated vehicles are prevalent on the road there will be at least three major areas in which risk allocation associated with automobiles will change: litigation, contracting and regulation, say Jason McCarter and Tracey Ledbetter of Eversheds Sutherland.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • Key Strategies For Insuring Social Engineering Risks

    Matthew Schlesinger

    As criminals continue to impersonate others online, it is important for companies to maximize the chances that insurance will be available to cover business email compromise schemes. When dealing with insurers, policyholders should be cautious of the policy language that most often causes problems, say Matthew Schlesinger and Scott Levitt of Covington & Burling LLP.

  • What's Next For ACA Repeal?

    Michael Parme

    Following the failure of the Senate's so-called "skinny repeal" bill last week, the Affordable Care Act remains the law of the land for the time being. But it also remains under siege, even if there is not a fully crystallized health care reform proposal on the table, says Michael Parme of Haight Brown & Bonesteel LLP.

  • The Soft Power Of Congress To Challenge Mergers

    Daniel Friedman

    While Congress does not have the ability to directly stop a merger, it has virtually unfettered power to engage in fact-finding, and testimony given at congressional hearings can help the merger enforcers in litigation, say Daniel Friedman and Robert LoBue of Patterson Belknap Webb & Tyler LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.