• March 28, 2018

    Attys, Firms Dodge Malpractice Claims In Poaching Suit

    Two Midwest law firms will no longer face legal malpractice claims in Pinnacle Surety Services’ suit alleging they encouraged two of its workers to violate their employment contracts after the firms helped Pinnacle settle allegations that it poached the employees from Wells Fargo, a Kentucky federal judge said Tuesday.

  • March 28, 2018

    DHS May Exclude Immigrants Who Use Tax Breaks, CHIP

    The U.S. Department of Homeland Security is planning to deny immigration benefits to noncitizens who have used a broad array of public benefits, including prominent tax deductions, according to an unpublished draft rule.

  • March 28, 2018

    Hasty Suit Bars Kickback Class Against JPMorgan

    A Pennsylvania federal judge on Wednesday tossed a putative class action accusing JPMorgan Chase Bank NA of taking kickbacks for insurance referrals, finding borrowers jumped the gun by failing to wait for a proposed class in a similar suit to be denied certification before filing their own.

  • March 28, 2018

    Sister, Not Ex, Gets Employee's Death Benefit, 6th Circ. Says

    The Sixth Circuit on Tuesday said a lower court made the right decision to award $94,000 in life insurance benefits to the sister of a man who died instead of to his former girlfriend after a dispute arose over whether a beneficiary change he made was done on purpose.

  • March 28, 2018

    Cigna Sheds ERISA Suit Over Suspended Disability Payments

    A Pennsylvania federal judge tossed a proposed class action Wednesday alleging Cigna and a subsidiary violated the Employee Retirement Income Security Act by cutting off a veteran's long-term disability benefits and clawing back overpayments, saying the policy explicitly allowed for such actions.

  • March 28, 2018

    4th Circ. Won't Let Amerisure Split Costs Of $2M Injury Deal

    The Fourth Circuit on Wednesday found Amerisure Insurance Co. must reimburse Continental Casualty Co. for both the defense and $1.7 million settlement of a construction accident suit, saying it was liable for the full cost under the terms of its policies.

  • March 28, 2018

    ERISA Suit Against NFL Plan, Cigna Left Largely Intact

    A Texas federal judge on Tuesday mostly waved forward a medical clinic’s lawsuit accusing an NFL health benefits plan and several Cigna units of improperly denying insurance claims it submitted on behalf of retired players and their families.

  • March 28, 2018

    NJ Insurer Revives Bid To Duck Coverage Over Hotel Damage

    An insurance company notched a win Wednesday when a New Jersey appellate panel said a trial court wrongly found that the insurer did not obtain consent to control the defense for its insured in an underlying suit over Superstorm Sandy-related damage at a hotel, and thus could not deny coverage, according to a published opinion.

  • March 28, 2018

    Jury Clears Allergy Advocacy Group In Antitrust Suit

    A Texas federal jury has shot down allegations that an allergy patient advocacy group participated in an anti-competitive scheme to lock remote treatment providers out of the market for allergy services.

  • March 27, 2018

    Uber Workers' Comp Settlement Moves Past Roadblock

    Uber Technologies Inc. inched closer to ending putative class claims over its failure to provide workers’ compensation with a deal offering drivers occupational accident insurance when a California state judge on Tuesday ruled that revised insurance contract terms are clear and class notice is ready to be sent.

  • March 27, 2018

    UnitedHealth Says Beneficiaries Can't Tie It To Claim Denials

    UnitedHealth Group Inc. told a California federal judge Monday that cases its subsidiaries’ beneficiaries cited to argue that the billion-dollar company shares the blame for allegedly improper denials of prosthetic devices actually prop up the parent company’s case for exiting the Employee Retirement Income Security Act suit.

  • March 27, 2018

    Construction Manager Coverage Loss Upheld By NY Justices

    New York's highest court ruled Tuesday that the construction manager for a Bellevue Hospital building isn't entitled to coverage under a contractor's policy for a lawsuit over problems with the project, agreeing with a lower court that the manager doesn't qualify as an additional insured because it doesn't have a direct written contract with the contractor.

  • March 27, 2018

    MetLife Beats Ex-ERISA Attorney's Disability Bias Suit

    An attorney who was fired from MetLife's ERISA legal team can’t pursue claims she was discriminated against because her boss didn’t like that she regularly telecommuted to care for her ailing mother, a New York federal judge ruled Monday, saying the company adequately showed it lawfully fired her for performance-based reasons.

  • March 27, 2018

    Halliburton's Suit Over Insurer's Bid To Recoup $12M Tossed

    A Texas federal judge on Monday threw out a lawsuit brought by Halliburton Energy Services Inc. against an insurance company it claimed was improperly trying to recoup $12 million in costs associated with an explosion at an Ohio natural gas well, ruling Texas courts did not have jurisdiction over the case.

  • March 27, 2018

    Gym's Sex Abuse Coverage Capped At $100K By 4th Circ.

    The Fourth Circuit on Tuesday upheld a lower court’s decision capping at $100,000 Gemini Insurance Co.'s duty to defend a Maryland rock-climbing gym in a lawsuit that alleged two of its coaches sexually assaulted a teenage climber.

  • March 27, 2018

    Insurance Adjusters Can Be Sued For Bad Faith: Wash. Court

    A Washington appeals court on Monday reversed a lower court and found that insurance adjusters can be found individually liable for bad faith and breaches of state consumer laws.

  • March 27, 2018

    Gas Co. Must Fill Cleanup Coverage Gaps, NY Justices Say

    A National Grid PLC unit must pick up the tab for its own costs to clean up contamination at manufactured gas plants attributed to years when no pollution liability insurance was available in the marketplace, New York’s highest court ruled Tuesday, rejecting the energy company’s bid to put a Chubb Ltd. insurer on the hook for those amounts.

  • March 27, 2018

    No Coverage For Atty Accused Of $800K Theft, 5th Circ. Says

    The Fifth Circuit declined Monday to revive a dispute over an insurance company’s obligations, saying the lower court correctly found no coverage was owed to an attorney found liable for defrauding two clients who were also his friends by failing to repay loans they said totaled $800,000.

  • March 27, 2018

    Butterball Insurer Aims To Avoid Coverage Of $3.5M Cleanup

    Insurer Great American sued turkey giant Butterball in North Carolina federal court on Monday, seeking a court order that it needn't cover Butterball for an expected $3.5 million cleanup of pollution at a Missouri site.

  • March 26, 2018

    Mall Owner Asks Tenn. Justices To Reinstate $146M Award

    The owner of a Nashville mall asked Tennessee's highest court on Friday to reinstate a $146 million award it won against its insurers in a dispute over coverage for severe flood damage, contending that a state appellate panel flouted well-established principles of policy interpretation when it found that a $50 million cap applies to the mall's claim.

Expert Analysis

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.