• March 5, 2018

    10th Circ. Backs Ski Resort On 'Inherent Risk' Defense

    A man who was severely injured in a skiing accident can’t sue the Jackson Hole resort where he fell into a snow-covered pit, the Tenth Circuit said Monday, affirming a lower court’s ruling that the injury was a result of the “inherent risk” of alpine skiing.

  • March 5, 2018

    Fund Blasts Trustee's Deal With Insurer In $70M Ponzi Case

    An investment fund representing directors of an alleged $70 million Ponzi scheme run by a ticket brokerage's former CEO asked a New York bankruptcy court Friday to stop the company's trustee from settling with its directors and officers' insurer, saying any proceeds from the insurance policy belong to the directors, not the estate.

  • March 5, 2018

    S&P, Wells Fargo Look To Exit Life Settlements Suit

    S&P Global Inc. and Wells Fargo Bank NA on Friday asked a New York federal judge to toss a putative class action alleging that the ratings agency passed off investments in life insurance policies as safe even though the investments were based on fraudulent life-expectancy projections.

  • March 5, 2018

    Hospitals Can’t Arbitrate Lien Suit, Texas Court Says

    A pair of medical service and insurance providers on Friday lost their Texas state appeals court bid to compel arbitration of a lawsuit brought by a patient who alleged the health care companies applied a fraudulent lien after she was treated following a car accident.

  • March 5, 2018

    Liberty Mutual Inks $30M ERISA Deal With Retirees

    A California federal judge granted final approval Friday to Liberty Mutual's agreement to add about $30 million of additional retirement benefits to retirees' plan, settling Employee Retirement Income Security Act claims the insurer misled employees about how time spent at an acquired company would factor into their retirement benefits.

  • March 5, 2018

    International Insurers Warn Cyber Coverage Barriers Remain

    A group of global insurers called on Monday for a consistent regulatory framework to govern cybersecurity and demanded other legal reforms to help the cyber insurance market reach its full potential, including giving insurers access historical information about online attacks.

  • March 5, 2018

    Cravath, Debevoise Guide AXA's $15.3B Deal For XL Group

    AXA Group on Monday said it will take over Bermuda-based XL Group Ltd. in a $15.3 billion deal guided by Cravath Swaine & Moore LLP and Debevoise & Plimpton LLP that will turn the asset management and insurance firm into the largest commercial property and casualty insurer in the world.

  • March 5, 2018

    Calif. Justices Set To Tackle Key Liability Insurance Query

    California's high court will hear arguments Tuesday in a builder's lawsuit over its insurer's refusal to cover allegations that it negligently failed to supervise a former employee who sexually assaulted a middle school student, a case that raises the broader question of whether liability coverage applies to the unexpected consequences of intentional conduct.

  • March 2, 2018

    Insurer Must Cover Kickback Scheme Suit, 9th Circ. Affirms

    The Ninth Circuit on Friday upheld a lower court's finding that Hanover Insurance Co. must defend a real estate brokerage firm in a proposed class action over an alleged kickback scheme, finding that the insurer didn't show that all of the claims in the underlying action fall under a policy exclusion for deceptive business practices.

  • March 2, 2018

    NJ Firefighter Cops To Role In $50M Drug Fraud Scheme

    A New Jersey firefighter on Thursday became the latest to plead guilty to his role in a conspiracy that swindled the state’s health benefits programs and other insurers out of millions of dollars, federal prosecutors announced.

  • March 2, 2018

    Insurers Denied Quick Exit From Covering Dole Fraud Claims

    A Delaware judge has denied six excess insurers’ bid for a ruling that they don’t have to indemnify Dole Food Co. or two top officers for $222 million in settlements they struck to resolve stockholder suits accusing them of driving down Dole’s price before a 2013 take-private deal, finding that state law doesn’t prohibit insurance for such claims.

  • March 2, 2018

    Japanese Insurance Co. Buys MassMutual Unit For Nearly $1B

    The largest life insurer in Japan has secured the bulk of MassMutual International LLC’s insurance unit in Tokyo for nearly $1 billion, the companies announced Friday.

  • March 2, 2018

    Insurer Must Defend Defunct Grocery Over Gang Shooting

    An Illinois appellate panel Thursday found that Boston-based Netherlands Insurance Co. owed a duty to defend now-defunct Chicago-area grocery chain Dominick's in a lawsuit over a fatal gang shooting in the parking lot of one of its stores in 2004, reversing a lower court's ruling but rejecting the grocer's argument that the insurer acted in bad faith.

  • March 2, 2018

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

    The last week has seen bankrupt insurer Allanfield sue its former auditors, another insolvent insurer in runoff lodge professional negligence claims against Mazars LLP and a new suit from the remains of Iceland's collapsed Landsbanki.

  • March 2, 2018

    Judge Rejects 'Imprecise' Dismissal Bids In $15M Geico Suit

    A Florida federal judge on Friday ordered Florida-based chiropractic network Path Medical LLC, a pair of law firms and other defendants to redraft their motions to dismiss Geico’s $15 million suit over allegedly fraudulent claims, saying the six motions by 18 defendants referenced each other too heavily and led to "imprecise and inartful briefing."

  • March 2, 2018

    Insurers Defend $67M Antitrust Win Amid Mylan Appeal

    Blue Cross Blue Shield of Massachusetts and three other insurers are fighting to keep a combined $67 million award in their long-running price-fixing suit against Mylan Pharmaceuticals and chemical companies Cambrex and Gyma Laboratories, asking the D.C. Circuit to reject the companies’ latest appeal.

  • March 2, 2018

    Skelos, Son Seek To Dismiss Case Citing McDonnell

    Former New York State Senate leader Dean Skelos and his son, Adam, who last year convinced an appeals court to overturn their corruption convictions, urged a Manhattan federal judge Thursday to dismiss the case, saying that the U.S. Supreme Court’s ruling in McDonnell v. U.S. requires it.

  • March 2, 2018

    Taxation With Representation: Skadden, Jones Day, Kirkland

    In this week’s Taxation With Representation, AmTrust teamed up with Stone Point to go private in a deal valuing the insurer at $2.7 billion, Ocwen bought rival PHH for $360 million, and Spectrum Brands merged with HRG in a $10 billion deal.

  • March 2, 2018

    Tucker Law Faces Pa. Malpractice Suit Over Car Crash Case

    Tucker Law Group LLC was hit with a malpractice suit in Pennsylvania state court on Thursday by a former client alleging that the firm settled an underinsured motorist claim on her behalf without her consent.

  • March 2, 2018

    UK Judge Backs Lloyds’ $51M Win In US Case Against Syria

    A U.S. court decision that awarded damages to a group of underwriters at Lloyd’s of London after an airliner was destroyed in a terrorist hijacking allegedly sponsored by Syria can be recognized and enforced in the U.K., a British judge has ruled.

Expert Analysis

  • State Of The Aircraft Finance Debt Market

    Ronald Scheinberg

    The improving financial position of airlines and operating lessors, coupled with increased competition for deals, has put pressure on private-sector lenders. One would expect this state of “borrower power” to continue during the current economic cycle, says Ronald Scheinberg of Vedder Price PC.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Insurance Bad Faith Claims In The Age Of AI Jim

    Dennis Anderson

    The rise of insurtech, with its heavy use of algorithms in the claims-handling process, is raising questions about how traditional insurance law applies to new situations, like how to determine when a bot denies coverage in bad faith, says Dennis Anderson of Zelle LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Fixing Problems In The Texas Insurance Appraisal Process

    Steven Badger

    In recent years, use of the insurance appraisal process in Texas has grown exponentially. Gone are the days where three reputable and smart insurance professionals would get in a room and work cooperatively to fairly resolve a disputed claim. Instead, appraisal has become a tactical game, and abuses of the process are widespread, says Steven Badger of Zelle LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Clashing Marijuana Laws Create Insurer Anxiety

    Hernán Cipriotti

    The dichotomy between federal and state marijuana laws challenges courts to evaluate the validity of contracts, including insurance policies. While only a handful of such cases were litigated last year, insurers and marijuana businesses alike are anxious to see how courts will deal with certain claims expected to surface. Some of the latest case law comes from Arizona and Michigan, says Hernán Cipriotti of Zelle LLP.