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Insurance

  • June 7, 2018

    2nd Circ. Axes Arbitrator Bias Ruling In Reinsurance Row

    The Second Circuit ordered a New York federal court to take another look at whether an arbitrator’s failure to disclose ties to a Florida workers’ compensation insurance carrier tainted an award in favor of the insurer in its battle with British reinsurers, saying Thursday the lower court applied an improper standard.

  • June 7, 2018

    Two Christian Schools Escape ACA Contraception Mandate

    An Indiana federal judge has said the contraceptive mandate in the Affordable Care Act will no longer be enforced against two Christian institutions of higher education in the wake of the government agreeing that the rules violated the schools’ religious freedom.

  • June 7, 2018

    Hilton Owner Can't Revive Hail Coverage Row At 5th Circ.

    The Fifth Circuit on Thursday affirmed a lower court decision favoring Lloyd's of London in the underwriter’s dispute with a Hilton Garden Inn owner over coverage for hail damage, agreeing that the owner failed to present evidence that could determine what portion of the hotel’s losses were covered.

  • June 7, 2018

    AmTrust Take-Private Offer Sweetened To $2.95B

    AmTrust Financial Services on Thursday said founding family members and private equity funds managed by Stone Point Capital raised their cash offer to take the company private, now valuing the insurer at roughly $2.95 billion, a proposal met with approval by activist investor Carl Icahn, who had protested the earlier offer in Delaware Chancery Court.

  • June 7, 2018

    Mass. Justices Place Duty To Get Docs’ OK On Pharmacies

    Massachusetts' top appellate court said Thursday Walgreens had a duty to inform a patient's doctor of the need for an authorization form in order to obtain her potentially life-saving medicine, the first time an obligation of this sort has been placed on a pharmacy.

  • June 6, 2018

    W.Va. Justices Revive Insurer's Bid To Nix Doc's Policy

    The West Virginia Supreme Court has revived an insurance carrier’s suit seeking to rescind a medical malpractice liability policy issued to a doctor it claims wasn’t up front about his involvement in patient opioid deaths, saying a factual dispute exists regarding the alleged fraudulent misrepresentations.

  • June 6, 2018

    Insurers Tell Del. Justices To Reverse TIAA Claims Rulings

    In argument relays limited to as little as 90 seconds and dubbed a “minuet” by Delaware’s chief justice, attorneys for three insurers urged the state’s Supreme Court on Wednesday to reverse decisions they say improperly saddled them with TIAA's costs incurred in class settlements over allegedly improper fund transfer delays.

  • June 6, 2018

    Walgreen, Kroger Join J&J's Remicade Antitrust Brawl

    Pharmacy giants Walgreen Co. and The Kroger Co. on Wednesday sued Johnson & Johnson in Pennsylvania federal court, accusing it of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, adding to J&J’s headaches in a closely watched antitrust battle.

  • June 6, 2018

    Insurers Ask 5th Circ. To Definitively End Fiduciary Rule

    A collection of insurance industry groups asked the Fifth Circuit on Wednesday to issue a mandate ordering the U.S. Department of Labor to strike down its fiduciary rule, which requires retirement advisers to act in clients' best interest, in the wake of the court's March decision to invalidate the rule.

  • June 6, 2018

    State Farm Hit With $34.3M Jury Verdict Over Policy Fees

    A Missouri federal jury Wednesday awarded $34.3 million in compensatory damages to a class of over 43,000 State Farm Life Insurance Co. policyholders in the state alleging the insurer deducted more from their accounts than their universal life insurance policies allowed.

  • June 6, 2018

    Breitling Execs Can Tap Insurance To Fight $80M SEC Suit

    A Texas federal judge ruled on Wednesday that three executives of Breitling Energy Corp. are entitled to use the company’s insurance policy proceeds to pay for defense costs in fighting the U.S. Securities and Exchange Commission’s $80 million fraud claims against them, despite protests from the company’s court-appointed receiver.

  • June 6, 2018

    Ford Tells 8th Circ. Delay Wasn't 'Bad Faith' In ERISA Row

    Ford Motor Co. has urged the Eighth Circuit to vacate a lower court’s ruling that the car company violated the Employee Retirement Income Security Act in a widow’s suit over optional life insurance benefits for her late husband, arguing that it hadn’t acted in bad faith or flouted its duties.

  • June 6, 2018

    $2.7M Irma Coverage Row Must Be Arbitrated, Court Hears

    A dispute over an insurance claim for more than $2.7 million worth of damage sustained by a Hollywood Beach hotel after Hurricane Irma battered southern Florida last September belongs in arbitration, underwriters at Lloyd's of London told a Florida federal court on Tuesday.

  • June 6, 2018

    3rd Circ. Rules Construction Co.'s Coverage Case Falls Short

    The Third Circuit has upheld a lower court ruling that an insurer does not have to cover a carpentry subcontractor for faulty workmanship claims, saying the claims in question arise from the subcontractor’s own work and not the other subcontractors on the project.

  • June 6, 2018

    Microsoft Can't Dodge Suit On 'Wilderness Program' Exclusion

    A Washington federal judge found Tuesday that an exclusion for “wilderness programs” in a Microsoft Corp. health plan didn’t doom a 16-year-old’s proposed class action alleging the company wrongly denied coverage for mental health and substance abuse treatment, though he tossed the youth’s breach of fiduciary duty claims.

  • June 6, 2018

    Calif. Employers Get Coverage Relief On Negligent Hire Suits

    California’s highest court has given the state's employers peace of mind with its Monday ruling that an insurance carrier’s defense obligation can be triggered by claims that a company failed to properly vet or supervise a worker who then intentionally hurts someone, attorneys say.

  • June 5, 2018

    Allstate, Sheppard Mullin Atty Fight Sanctions At 9th Circ.

    Allstate urged the Ninth Circuit on Tuesday to toss a magistrate judge’s imposition of nearly $14,000 in sanctions against it and its Sheppard Mullin Richter & Hampton LLP attorney in a medical billing case, arguing the magistrate wanted to sanction Allstate for its settlement position and searched out minor violations to justify doing so.

  • June 5, 2018

    Insurer Says It's Not Liable For Suit Over Boat Propeller Injury

    United States Fire Insurance Co. sued policyholders including the Hawaiian Canoe Racing Association and others Monday in Hawaii federal court, saying it doesn't have to cover underlying personal injury claims they face after a racer was severely and life-alteringly hurt by an escort boat's propeller just before an annual canoe race.

  • June 5, 2018

    Chancery Picks Lead Firms For Towers Watson Merger Suit

    Grant & Eisenhofer PA and Kessler Topaz Meltzer & Check LLP won a closely matched lead counsel contest Tuesday for a Delaware Chancery Court suit alleging fiduciary duty breaches in Towers Watson & Co.’s $18 billion merger with insurance brokerage Willis Group Holdings PLC.

  • June 5, 2018

    Insurer Can't Duck Bad-Faith Claims In $5M Med Mal Suit

    An Illinois federal judge declined to hand a quick win to an insurer accused of bad faith after it declined to settle a medical malpractice case for $1 million and wound up with a jury verdict of $5.2 million, saying Tuesday that material issues of fact remain over how the insurance company assessed the case and the damage it caused the surgery center it had insured.

Expert Analysis

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How To Deal With Insurers’ Litigation Management Guidelines

    Daniel Wolf

    Courts around the country have found insurers' litigation management guidelines to be improper and unenforceable when they impair defense counsel's ability to defend a claim. Policyholders receiving such guidelines should respond promptly to their insurers and proceed to litigation if necessary, says Daniel Wolf of Gilbert LLP.

  • Taxing Life Settlements Investment Funds Under The TCJA

    Brian Casey

    Depending on the facts, the Tax Jobs And Cuts Act's new rule requiring a three-year holding period for long-term capital gain taxation of a carried profits interest might not apply to an investment manager's carried interest in a life settlements investment fund, say attorneys with Locke Lord LLP.

  • 9th Circ. Highlights Importance Of Cyber Liability Insurance

    ​​​​​​​Jennifer Senior

    In Aqua Star v. Travelers, the Ninth Circuit affirmed last month that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, reminding insureds to obtain more specialized insurance for the increasingly common threat of social engineering crimes, say Jennifer Senior and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Foiling The Expert Battle In First-Party Property Cases

    Eric Bowers

    Expert witnesses are often crucial to coverage and damages issues in first-party property insurance cases. By using evidentiary rules and case law to challenge the other side's expert opinions, you might just win the war without ever having to engage in a battle of the experts, say Eric Bowers and Victoria Vish of Zelle LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Lessons From 4 Recent Athlete Insurance Lawsuits

    Richard Giller

    This month, former University of Arkansas star running back Rawleigh Williams III sued Lloyd's of London, seeking to recover $1 million under a permanent total disability insurance policy. This is one of several recent cases shining a spotlight on the murky world of specialized athlete policies and the brokers who procure such policies, says Richard Giller of Reed Smith LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.