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Insurance

  • June 20, 2019

    Kaiser Beats Bid To Revive Eating Disorder Coverage Suit

    A federal judge refused to rethink handing Kaiser Foundation Health Plan Inc. a win in a proposed class action alleging it violated state and federal law when it refused to cover out-of-network residential treatment for a California man's eating disorder.

  • June 20, 2019

    Glancy Prongay To Lead Maiden Holdings Investor Suit

    National class action firm Glancy Prongay & Murray LLP will serve as lead counsel representing investors in a stock-drop suit against reinsurance company Maiden Holdings Ltd. over alleged misrepresentation of its underwriting and risk management practices, a New Jersey federal magistrate judge ordered Thursday.

  • June 19, 2019

    Insurance Cases To Watch In The Second Half Of 2019

    Courts around the country will have plenty of thorny insurance issues to chew on in the coming months, with Pennsylvania’s high court set to decide whether to reinstate a $21 million bad faith judgment against Nationwide and the Fifth Circuit primed to consider whether Chubb Ltd. is obligated to cover a $106 million judgment against its policyholder. Here, Law360 breaks down four key cases that insurance attorneys will be tracking in the second half of 2019.

  • June 19, 2019

    5th Circ. Breathes New Life Into Petrobras' Shoddy Chain Suit

    The Fifth Circuit on Tuesday revived Petrobras America’s suit against an offshore equipment maker over an allegedly defective chain used to support a floating oil and gas facility, saying the lower court departed from Louisiana precedent by nixing the $160 million claims.

  • June 19, 2019

    Drugged Driver Not Covered By Excess Policy, Ill. Panel Says

    An Illinois state appeals court ruled that an insurer doesn’t have to cover a rental car driver who killed a man while under the influence of drugs, reversing a lower court’s ruling that an intoxication exclusion from excess insurance policies is unenforceable as a matter of public policy.

  • June 19, 2019

    Chase Ducks Late Reinsurance Kickback Suit At 3rd Circ.

    JPMorgan Chase Bank NA has escaped a proposed class action alleging the company referred home buyers to mortgage insurers for kickbacks via reinsurance payments after the Third Circuit said Wednesday in a published opinion that borrowers filed their claims too late.

  • June 19, 2019

    2nd Judge Bows Out Of Plane Crash Suit

    A second Mississippi federal judge has recused herself from an insurance dispute stemming from the crash of a private plane, reassigning the case to two judges based in another federal court in the state, after previously determining in a related case that all the judges in the district personally know relatives of the parties.

  • June 19, 2019

    MetLife Investor Says Pension Scheme Cost More Than $200M

    A shareholder of MetLife Inc. accused the company's directors of breaching their fiduciary duties by allowing more than $500 million to be diverted away from its pension liability reserves after ineffective internal controls incorrectly determined thousands of pensioners were dead, incurring more than $200 million in regulatory penalties, according to a Delaware Chancery Court complaint made public Wednesday.

  • June 19, 2019

    Pa. Attorney Can't Dodge $500K Malpractice Verdict

    A Pennsylvania appeals court on Wednesday refused to throw out a $500,000 malpractice verdict against a Philadelphia-area attorney for offering up ultimately worthless insurance policies as collateral on a deal he brokered between two of his clients for the sale of a house.

  • June 19, 2019

    Colo. AG Deal Spares FTC 2-2 Split On UnitedHealth Merger

    The Federal Trade Commission nearly deadlocked Wednesday on a deal that cleared UnitedHealth Group health services subsidiary Optum’s $4.3 billion purchase of DaVita’s independent medical clinic operator, with the logjam cleared only because of a separate deal between the companies and Colorado’s attorney general.

  • June 19, 2019

    Chamber Fights 'Devastating' Association Health Plan Ruling

    The U.S. Chamber of Commerce has urged the D.C. Circuit to breathe new life into a Trump administration rule that made it easier for small businesses to join together to create health plans that aren't subject to certain Affordable Care Act requirements.

  • June 19, 2019

    2nd Circ. Lets Utility Off Hook For MTA's Injury Suit Legal Bill

    The Second Circuit said Wednesday that a utilities company doesn't need to repay Metro-North and the Metropolitan Transportation Authority for legal fees they incurred battling a Connecticut couple's suit blaming them for the husband's electrical burns and resultant partial leg amputations.

  • June 19, 2019

    Parking Tech Co. Says AIG Must Defend It In Privacy Row

    An AIG unit must cover a parking technology supplier’s defense in a proposed class action over customer receipts that allegedly revealed too many credit card digits because the company’s insurance policy included coverage for privacy and security breaches, according to a lawsuit filed Wednesday in Pennsylvania federal court.

  • June 19, 2019

    White Eagle Ch. 11 Plan, Lender Settlement Confirmed

    Saved from an apocalyptic court fight by a settlement with prepetition lenders, bankrupt life insurance investor White Eagle Asset Portfolio secured confirmation of its Delaware Chapter 11 plan on Wednesday, triggering a race to pay off a $382.7 million debt through refinancing or asset sales.

  • June 19, 2019

    Berkshire Unit Beats ERISA Suit Over 'Extremely Risky' Fund

    A Nebraska federal judge has tossed a proposed class action accusing a Berkshire Hathaway subsidiary of violating the Employee Retirement Income Security Act by keeping a risky mutual fund as a retirement plan investment option, concluding the company had adequately monitored the fund's performance.

  • June 18, 2019

    $10M School District Suit Must Be Arbitrated, Insurers Say

    Underwriters at Lloyd's of London and a group of insurers have removed to Texas federal court a lawsuit filed by a Galveston-area school district seeking up to $10 million for property damage caused by a 2017 storm, citing an underlying arbitration agreement.

  • June 18, 2019

    1st Circ. Says Insurer Should Cover Power Co. In Fraud Suit

    The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • June 18, 2019

    Engineer Looks To Scuttle Insurer's Sinking Tower Suit

    A New Jersey-based engineering and environmental consulting company told a California federal judge on Monday an insurer waited too long to bring its suit claiming the consulting company repeatedly failed to disclose that it knew San Francisco's Millennium Tower was sinking.

  • June 18, 2019

    Virgin Islands Univ. Stands By $40M Hurricane Insurance Row

    The University of the Virgin Islands has challenged Great Lakes Insurance SE UK's request for a quick win in litigation seeking coverage for $40 million in damage stemming from hurricanes Irma and Maria, saying the policy is ambiguous.

  • June 18, 2019

    Phyllis Schlafly's Org. Escapes Son's $3.4M Life Insurance Bid

    The son of the late Eagle Forum founder Phyllis Schlafly lost his bid for a $3.4 million death benefit for himself and the conservative think tank's members when a New Jersey federal court ruled Monday that the organization, not its members, is the only beneficiary of the right-wing firebrand's insurance policies.

  • June 18, 2019

    Feds Tell 2nd Circ. McDonnell Can't Save Skelos This Time

    Prosecutors urged the Second Circuit not to disturb the corruption convictions of former New York lawmaker Dean Skelos and his son Adam at a retrial last year, saying that unlike after their first trial, the U.S. Supreme Court's McDonnell ruling can't help them.

  • June 18, 2019

    AI, Blockchain Pose Regulatory Issues For Insurtech Firms

    The recent explosion in technological innovations designed to streamline the insurance business has raised a host of questions for carriers, including whether they can use artificial intelligence and blockchain in their underwriting and claims handling processes. Here, Law360 looks at three emerging types of insurance technology and the regulatory questions they raise.

  • June 18, 2019

    The Biggest Insurance Decisions Of 2019: Midyear Report

    The Texas Supreme Court’s decision that common energy policy language doesn’t bar Anadarko Petroleum Corp.’s claim for $100 million in Deepwater Horizon defense costs and a Georgia high court ruling that raised the bar for insurer bad faith claims have been among the highlights of 2019 in insurance law. Here, Law360 looks at five key insurance opinions from the first half of the year.

  • June 17, 2019

    NJ Law Firm Influenced Tax Breaks For Clients, Report Says

    New Jersey law firm Parker McCay PA helped author legislation that paved the way for millions in tax breaks for clients such as the insurance brokerage owned by political powerbroker George E. Norcross III, according to a Gov. Phil Murphy-commissioned report released Monday just moments after a judge refused to block it.

  • June 17, 2019

    Pa. 'Fountain Of Youth' Doc Convicted In $13M Billing Scheme

    A Pittsburgh federal jury convicted a cardiologist Friday on two fraud counts linked to some $13 million in alleged fraudulent insurance billings for an angina treatment that he expanded to a nonangina patient pool and advertised as a "fountain of youth."

Expert Analysis

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Why Association Health Plans Are Still A Great Idea

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    Notwithstanding a recent federal court decision undercutting the U.S. Department of Labor’s association health plan rules, as well as constitutional challenges to the Affordable Care Act that may affect the legality of some plans, employer groups should consider forming AHPs, says Jewell Esposito of FisherBroyles.

  • A Cautionary Word For Providers Of Drug Addiction Treatment

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    With the national opioid crisis outpacing the historically small addiction treatment industry, economic growth is drawing an influx of providers that are unscrupulous or inexperienced, and increased enforcement activity is following close behind, says Renee Martin of Dilworth Paxson.

  • Revived Sex Abuse Claims Raise Insurance Coverage Issues

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    Legislatures across the U.S. are passing laws that reopen the statute of limitations for survivors of childhood sexual abuse, which inevitably leads to an avalanche of claims triggering disputes over the “per occurrence” limits in multiyear insurance policies, say attorneys at Blank Rome.

  • How France's Consumer Protection Agency Is Targeting Cos.

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    France's market oversight authority recently reported that it carried out over half a million enforcement actions last year. Companies doing business in France must be aware of the agency's current priorities, particularly concerning internet sales and payment terms, says Sylvie Gallage-Alwis of Signature Litigation.

  • State Net

    California's Amended, Ambiguous Data Privacy Law

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    Recently advanced bills are aiming to carve out numerous exceptions to California’s sweeping data privacy law before it goes into effect next year. But more significant may be the fact that many of the law's terms are vaguely defined, making compliance challenging, says Rich Ehisen of State Net Capitol Journal.

  • Can The Affordable Care Act Survive The Latest Challenge?

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    With Texas v. U.S. likely headed to the U.S. Supreme Court, the court’s reasoning in prior Affordable Care Act litigation offers insight into whether the ACA minus the individual mandate can withstand this constitutional challenge, say Michael King and Emily Felder of Brownstein Hyatt.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • TCPA Presents Ongoing Compliance Challenges For Insurers

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    As major insurance companies are continually drawn into costly Telephone Consumer Protection Act class actions, there are several common TCPA issues that should be on every insurance company’s radar, say attorneys with Eversheds Sutherland.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Combating Cyberattacks In The Construction Industry

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    Though avoiding cyberattacks entirely is ideal, securing cyberinsurance and proper contractual language is the best way for construction companies to avoid potentially devastating liability in the event of a successful attack, say Gary Strong and Kevin Riexinger of Seiger Gfeller.

  • Limited Liability Releases Can Simplify Insurance Suits

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    In lawsuits where multiple insurers owe coverage to a single insured, limited liability release agreements can allow insureds to settle with only some of the insurers, but states vary in how they treat such releases, say attorneys at Goldberg Segalla.

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