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Insurance

  • November 7, 2018

    Skelos' Son Agrees To Forfeit Corrupt Salary, Fights Interest

    The son of former New York State Senate Majority Leader Dean Skelos agreed Wednesday to forfeit $334,000 that prosecutors calculated he reaped from insurance and real estate agents who were under his father’s thumb, but he pushed back against paying any interest during or after his four-year prison term.

  • November 7, 2018

    Insurer Wants Coverage For Parking Lot Shooting Suit Axed

    Great Lakes Insurance SE is asking a federal judge to free it from having to defend a policyholder facing claims from a man who says that negligent security measures outside of a Philadelphia bar led to his being shot in April 2016.

  • November 7, 2018

    DOL Gets Support In Bid To Nix Association Health Plan Suit

    The U.S. Chamber of Commerce and the Society for Human Resource Management have thrown their support behind the U.S. Department of Labor's bid to nix a lawsuit challenging the agency's association health plan rule, saying the rule would help small-business employees have greater access to affordable care.

  • November 7, 2018

    4th Circ. Caps Coverage For Bridge Collapse Suits At $3M

    The Fourth Circuit on Wednesday agreed with a lower court that several suits against a North Carolina engineering design firm over two pedestrian bridge collapses at a Raleigh college in 2014 — one of them deadly — are "related claims" under a policy issued by a CNA Financial Ltd. unit, restricting coverage to a single $3 million limit.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Voting Machine Critics Tout Low-Tech Fix For Hacking Fears

    Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.

  • November 6, 2018

    Insurers Can Depose Execs In $50M Bad Rocket Engines Row

    A California federal judge on Tuesday granted a bid by a group of insurers, led by Global Aerospace, to depose former top executives of aviation company Aerojet Rocketdyne, ruling the execs might have information as to why Aerojet — and not the insurers — paid a $50 million settlement over defective engines that damaged a NASA facility.

  • November 6, 2018

    Liberty Mutual Counterclaim Tossed In Texas Hotel Row

    A Texas federal judge on Monday dismissed a Liberty Mutual Insurance Co. counterclaim from Hunt Construction Group’s suit over allegedly shoddy construction work on an Austin, Texas, hotel project and a related denied request for reimbursement under a performance bond.

  • November 6, 2018

    HSBC, Nordstrom Reveal Data Security Breaches

    HSBC Bank, Five Guys burger chain, Nordstrom and insurer Transamerica have all experienced data security incidents in recent months that compromised a broad range of personal information belonging to both customers and employees, according to disclosures submitted to the California attorney general. 

  • November 6, 2018

    Insurer Tells 5th Circ. That Jury Should Decide Hotel Sale Row

    An insurance company's fraud lawsuit against its former business partner stemming from the sale of a hotel was wrongly tossed by a judge who resolved fact issues that should have been left to a jury, a panel of Fifth Circuit judges heard in oral arguments Tuesday in Houston.

  • November 6, 2018

    Canadian Court Won't Pause Cos.' Coverage Row With Chubb

    A Canadian court declined to stay a suit from an automation solutions provider and its Thai subsidiary seeking $15 million in coverage from Chubb Insurance for a potential arbitration they may face in India, finding the insurer would be prejudiced by waiting on the outcome of a possible proceeding it wouldn’t be a party to.

  • November 6, 2018

    Insurer Needn't Cover Landlord In Suit Over CO Leak

    A Pennsylvania federal judge granted a win Monday to an insurer that had sued a landlord to avoid covering a carbon monoxide leak that spurred residents to sue, agreeing with the insurer that a pollution exclusion applied.

  • November 6, 2018

    Fed. Circ. Won't Revisit $12B ACA 'Risk Corridor' Dispute

    The full Federal Circuit on Tuesday refused to revisit a decision that had found health insurers were not legally entitled to more than $12 billion in Affordable Care Act “risk corridor” payments that had been denied by Congress.

  • November 5, 2018

    Wells Fargo Seeks To Ax Auto Insurance Stock-Drop Suit

    Wells Fargo urged a California federal judge Friday to toss a proposed class action accusing the bank of having kept investors in the dark about its alleged foisting of unnecessary insurance on some auto loan customers, arguing that no duty to disclose the issue sooner has been shown and that the bank's statements about its transparency efforts were “corporate puffery.”

  • November 5, 2018

    UnitedHealthcare Tries To Nix Part Of Wilderness Therapy Row

    UnitedHealthcare Insurance Co. has urged a Utah federal judge to nix most of a proposed class action accusing it of improperly denying health insurance claims for wilderness therapy, a form of therapy said to be able to treat young people with substance abuse and mental health issues.  

  • November 5, 2018

    Humana Seeks Case's Inclusion In Generic Price-Fixing MDL

    Humana on Friday asked the Pennsylvania federal court overseeing the sprawling multidistrict litigation over generic drug prices to formally incorporate its action into the MDL, saying its claims target many of the same drugs that the group of states and proposed classes of drug buyers are targeting.

  • November 5, 2018

    National Events Trustee, D&O Insurer Reach $1.65M Deal

    The trustee for bankrupt ticket brokerage National Events Holding has again asked a New York bankruptcy court to authorize a $1.65 million settlement with the company’s directors and officers' insurer over coverage for a suit stemming from the company founder’s $70 million Ponzi scheme.

  • November 5, 2018

    2nd Circ. Affirms 15-Year Term For Insurance Scam Ringleader

    The Second Circuit affirmed Monday a 15-year sentence for the convicted ringleader of a scheme to defraud insurance companies out of millions in payments for unnecessary medical treatments, rejecting arguments that he had been prosecuted for the same misconduct twice.

Expert Analysis

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Medidata And American Tooling Courts Misunderstood Tech

    Joshua Mooney

    While some believe that two recent circuit court decisions — Medidata Solutions and American Tooling — represent a shift toward broadening insurance coverage for phishing attacks, the courts' imprecise interpretation of "integrity" and "instructions to" a computer system casts doubt on whether the decisions will stand, says Joshua Mooney of White and Williams LLP.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Telemedicine — The Next Frontier For DOJ Scrutiny?

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    CVS is the first major drugstore company to offer customers the option to use their smartphone to “see” a doctor. With the U.S. Department of Justice affording more resources to health care fraud prosecutions, telemedicine services are certain to attract the scrutiny of investigators, say Lionel André and Michelle Bradford of Murphy & McGonigle PC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Preparing For New Life Settlement Transactions Reporting

    Kristan Rizzolo

    Last year’s Tax Cuts and Jobs Act imposed a host of new information reporting requirements on participants in life settlement transactions. Those affected should put systems in place now to ensure they have the information they need when the filing requirements go into effect, say attorneys at Eversheds Sutherland LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.