• June 29, 2017

    New CBO Report Adds Fresh Challenges For ACA Repeal

    The Congressional Budget Office on Thursday projected a steep decline in long-term Medicaid spending under Republican legislation to partly dismantle the Affordable Care Act, creating new headaches for the repeal effort.

  • June 29, 2017

    NJ Court Repeats Insurers May Be Sued For Enviro Cleanup

    The New Jersey Appellate Division on Thursday reaffirmed its ruling that a property owner may pursue litigation against insurers over environmental cleanup coverage under policies issued to a bankrupt former owner.

  • June 29, 2017

    Insurer Must Cover $2M Fees Despite Old Malpractice Claim

    An Illinois insurance company has to cover a deceased lawyer’s firm for a claim springing from a client’s $2.15 million fees and costs award, despite the firm's failure to notify the insurer of an unrelated malpractice problem years earlier, a state appeals panel said this week.

  • June 29, 2017

    Brazilian Reinsurer Pushes Back Against $5M Claim

    A Brazilian reinsurer has urged a New York federal court to conclude that it isn't responsible under an arbitration award to fork over $5 million to cover a settlement National Indemnity Co. reached with a steel maker in a related dispute, saying the deal actually erased the reinsurer's obligation to pay up.

  • June 29, 2017

    Auto Financing Co. Hit With TCPA Suit Over Unwanted Calls

    A consumer slapped iLendingDirect with a proposed class action Thursday in Colorado federal court, accusing the company of violating the Telephone Consumer Protection Act by making scores of autodialed calls aimed at pushing people to refinance their auto loans.

  • June 29, 2017

    Time-Share Owners Bash Marriott New-Law 'Ploy' To Toss Suit

    Time-share purchasers accusing Marriott and a title insurance company of duping them into invalid real estate deals have rebuffed the hotelier’s attempt to use a new state-law amendment to toss the suit, telling a Florida federal court Wednesday the measure was pushed through the Legislature specifically as a defense tactic.

  • June 29, 2017

    Trump Paid Leave Plan 'Unworkable,' Groups Tell Congress

    The paid leave proposal in President Donald Trump’s 2018 budget request is “inadequate and unworkable” and should be scrapped in favor of a policy that’s more generous to workers, a group of more than 340 organizations led by the National Partnership for Women and Families told Congress in a letter on Wednesday.

  • June 29, 2017

    Standing Dooms 4th Circ. Challenge To NC Gay Marriage Law

    Three couples don’t have standing to challenge a North Carolina law allowing magistrate judges to recuse themselves from officiating same-sex marriages because their only connection to the case is an incidental use of tax money, the Fourth Circuit said Wednesday.

  • June 29, 2017

    Jay Kallas, Former Counsel At Allstate, Joins Mayer Brown

    Mayer Brown LLP has added a former Allstate corporate counsel and Drinker Biddle & Reath LLP attorney to the insurance practice at its Chicago office.

  • June 28, 2017

    ACA Watch: What BigLaw Lobbyists Think Happens Next

    With Affordable Care Act repeal efforts in limbo, Law360 on Wednesday chatted up BigLaw lobbyists for insights on the latest horse-trading and a “big surprise” promised by President Donald Trump. Here’s what they’re hearing.

  • June 28, 2017

    4th Circ. Seeks W.Va. Justices' Input On Workers' Comp Case

    The Fourth Circuit on Wednesday asked for the West Virginia high court's guidance on issues at the heart of Zurich American Insurance Co.'s appeal of a lower court's decision that it must split payments of workers' compensation benefits to a worker severely injured at a coal mine with another insurer.

  • June 28, 2017

    11th Circ. Nixes Coverage Of Stolen Freight Shipment

    The Eleventh Circuit on Wednesday found that a district court had misinterpreted a prior ruling and that an insurance company does not have to pay out for retroactively purchased coverage of a hijacked cargo shipment.

  • June 28, 2017

    Berkshire Unit Beats Claims It Hacked Law Firm Client Info

    A pair of proposed worker class actions accusing Berkshire Hathaway Homestate and two other insurers of hacking their lawyers’ databases were permanently dismissed Tuesday, as a California federal judge said Stored Communication Act claims were inadequately pled.

  • June 28, 2017

    11th Circ. Set To Weigh Insurance Bad Faith Standard

    The Eleventh Circuit will hear arguments Thursday on whether Nationwide's mere negligence in failing to settle claims against a policyholder is sufficient to hold the insurer liable for a judgment exceeding policy limits, in a case that could have a widespread impact on insurance bad faith cases under Georgia law.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    7th Circ. Says AIG Unit Needn't Cover Tainted-Chemical Loss

    The Seventh Circuit on Tuesday found Lexington Insurance Co. doesn't have to cover PQ Corp.'s losses from the contamination of millions of pounds of chemicals, saying the claim failed to meet the letter of the policy.

  • June 28, 2017

    Real Estate Rumors: Bank of America, Metro Loft, McCourt

    A syndicate led by Bank of America that includes an insurance lender has reportedly loaned $200 million for a Chicago residential project, Metro Loft Management's Nathan Berman is said to be buying out his partners in a New York luxury residential property for $450 million, and Frank McCourt reportedly sold a Florida equestrian property for $12 million.

  • June 27, 2017

    SunEd Blasts Whistleblower Execs In Push For $32M Deal OK

    SunEdison Inc. on Monday blasted two former executives with pending whistleblower claims against the bankrupt green energy giant for objecting to a proposed $32 million settlement with unsecured creditors, urging a New York bankruptcy court to overrule their objections and approve the deal.

Expert Analysis

  • Even Surplus Lines Laws Are Bigger And Better In Texas

    Victoria Vish

    Texas House Bill 2492, if signed by Gov. Greg Abbott, will allow surplus lines insurers domiciled in Texas to conduct business in the state, potentially increasing state revenue and creating more job and economic opportunities, says Victoria Vish of Zelle LLP.

  • A Look At Credit Agreements In Insurance: Part 2

    Excerpt from Lexis Practice Advisor
    Daniel Rabinowitz

    Using the same standard credit agreement provisions for all types of borrowers and guarantors hurts both borrowers and lenders. This is especially true of borrowers and loan parties subject to insurance regulations and market conditions, say Daniel Rabinowitz and David Berg in the final part of this article.

  • Takeaways From 3 NJ Environmental Insurance Decisions

    Robert Chesler

    In 2017, New Jersey has already witnessed three important decisions in the law of insurance coverage for hazardous waste site cleanup, each of which enhances policyholders' ability to obtain coverage for long-tail claims, say Robert Chesler of Anderson Kill PC and Robin Keliher of Willis Towers Watson PC.

  • A Look At Credit Agreements In Insurance: Part 1

    Excerpt from Lexis Practice Advisor
    Daniel Rabinowitz

    Insurance companies and insurance holding companies are subject to a complicated tangle of laws, regulations and market conditions, and therefore need special provisions in their credit agreements. Certain representations and warranties, conditions, and events of default must be modified to account for such borrowers, say Daniel Rabinowitz and David Berg of Kramer Levin Naftalis & Frankel LLP.

  • Testing Professional Services Exclusions To FCA Allegations

    Jan Larson

    The Ninth Circuit's decision in HotChalk v. Scottsdale is expected to address the availability of coverage for claims relating to a policyholder's internal activities that are ancillary to external business practices or professional services. This decision will likely shape the scope of professional services exclusions, say Jan Larson and Jennifer Senior of Jenner & Block LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • If It Happens Here: Facing Post-Terror Attack Litigation

    Brian Finch

    Terrorist attacks aimed at civilians are despicable and cowardly. But while these events leave us at a loss, the court system braces for a wave of litigation — not against the attacker, but against venue owners, operators and security providers. Stakeholders must know the law and be prepared before the worst occurs, says Brian Finch of Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Why Menchaca Changes Nothing For Appraisal Law

    Lindsey Bruning

    Some argued that the Texas Supreme Court's April decision in USAA v. Menchaca changed the landscape of Texas law regarding extracontractual liability in first-party insurance cases. However, a close reading of both the case and post-Menchaca case law confirms that appraisal law remains unaffected, say Lindsey Bruning and Tyler McGuire of Zelle LLP.

  • 4 Cybersecurity Considerations To Minimize D&O Exposure

    Richik Sarkar

    Courts have historically set a high threshold for finding directors and officers personally liable for breaches of fiduciary duties. However, the standards with respect to director and officer liability for damages resulting from cyberattacks are evolving, and the personal exposure will increase, says Richik Sarkar of McGlinchey Stafford PLLC.