We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Insurance

  • June 13, 2019

    Shareholders Hit Kingstone Insurance With Stock-Drop Suit

    A proposed class of recent investors in Kingstone Insurance Co. filed suit in New York federal court Wednesday claiming careless internal financial controls and accounting methods led to some $5 million in unanticipated charges to the company's claims reserve.

  • June 13, 2019

    Chancery Hits Alliant Insurance With TRO Over Worker Raid

    Saying that an affiliate of global insurance broker giant Lockton Partners LLC faces an “absolute threat of irreparable harm,” a Delaware vice chancellor on Thursday issued a temporary restraining order barring a competitor from trying to lure away clients of seven former Lockton professionals who jumped to the competitor in March.

  • June 13, 2019

    8th Circ. Won't Unblock ND Med Merger Facing FTC Challenge

    An Eighth Circuit panel refused to upend a preliminary injunction blocking a proposed merger between two North Dakota health care providers, siding in a published opinion Thursday with Federal Trade Commission arguments that a district judge didn’t improperly shift the burden of proof onto the companies.

  • June 13, 2019

    USAA Must Defend Student In Fatal School Bathroom Attack

    USAA Casualty Insurance Co. must defend a high school student named in a civil suit over the death of a classmate after a Delaware Superior Court judge said Wednesday that the family’s insurance policy covers her conduct in the altercation because she couldn’t have reasonably expected her classmate to die.

  • June 13, 2019

    9th Circ. Breathes New Life Into CVS Drug Pricing Suit

    The Ninth Circuit has revived a class action brought on behalf of millions of consumers accusing CVS Pharmacy Inc. of overcharging them for generic medications, finding that a lower court judge incorrectly weighed evidence and wrongly narrowed the classes.

  • June 13, 2019

    Firms Under NJ Tax Scrutiny Say Probe Hurting Their Rep

    Parker McCay PA and other companies tied to New Jersey power broker George E. Norcross III doubled down on their bid to block the findings of a probe into hefty state tax incentives they received, arguing in a court brief Thursday that the state can't deny the reputational harm the investigation has caused them.

  • June 12, 2019

    Insurer Sues NJ Firm For Mishandling $9M Severed Leg Case

    An insurer slapped Florio Perrucci on Wednesday with a malpractice suit in New Jersey federal court alleging its attorneys botched their defense of state agencies in litigation over a multivehicle collision that cost a woman her leg, leading to a $9 million judgment and ultimately a $3.5 million settlement.

  • June 12, 2019

    SC Justices Set Test For Insurers' Waiver Of Atty-Client Shield

    South Carolina's high court ruled Wednesday that insurance companies facing bad faith actions brought by policyholders don't automatically waive attorney-client privilege for documents sought in such suits by denying liability.

  • June 12, 2019

    Insurer Dodges Contract-Breach Claim In $45M Coverage Suit

    A Florida federal judge has erased a breach-of-contract claim against insurer Allied World in a suit by a construction company policyholder facing a $45 million underlying verdict over a deadly crash, leaving another claim over punitive damages coverage still to be decided.

  • June 12, 2019

    Insurer Seeks Revival Of RICO Suit In Testosterone MDL

    AbbVie and other makers of testosterone replacement drugs engaged in a fraudulent marketing scheme that led Medical Mutual of Ohio to pay prescription benefits that were medically inappropriate, the insurer told the Seventh Circuit on Tuesday.

  • June 12, 2019

    1st Circ. Sinks Settlement Payout Claims Against Lexington

    Lexington won't have to face claims that it conspired with other insurers to misrepresent the amount that three people would receive in settlement agreements, a First Circuit panel ruled late Tuesday, saying payments to brokers that came out of the settlements were industry practice and baked into the deals.

  • June 12, 2019

    Law Firm Leaders: Nicolaides' Richard Nicolaides

    Richard Nicolaides, founder and managing partner of insurance boutique Nicolaides Fink Thorpe Michaelides Sullivan LLP, speaks to Law360 about the challenges of starting a new firm and the value of staying independent and specialized.

  • June 12, 2019

    Employers May Shy Away From Offering Annuities In 401(k)s

    Legislation making its way through Congress will make it easier for businesses to offer annuities in employees' retirement plans, but employers may still be put off by the complexity, costs and untested nature of the arrangements.

  • June 11, 2019

    NY High Court Affirms Auto Insurers' Win In $20M Claims Suit

    New York's highest court on Tuesday upheld a jury's finding that a radiology practice cannot force dozens of insurers to pay about $20 million for MRI services it provided to car crash victims, agreeing with a lower court that the practice was not eligible for reimbursement because it was illegally controlled by nonphysicians.

  • June 11, 2019

    Chancery Sends Asbestos Injury Trust Audit Fight To Trial

    A Delaware Chancery Court battle over insurers' rights to audit asbestos personal injury trust payouts for a bankrupt affiliate of Philips Electronics North America Corp. accelerated toward a September trial late Tuesday, after both sides saw their summary judgment arguments flatly rejected.

  • June 11, 2019

    Bid To Extend Highmark-UPMC Deal Is A Fraud, Pa. Judge Told

    The University of Pittsburgh Medical Center’s chief legal officer suggested during testimony Tuesday that Attorney General Josh Shapiro’s effort to indefinitely extend a soon-to-expire deal drafted to smooth the health care giant’s divorce from insurer Highmark amounted to little more than fraud.

  • June 11, 2019

    Farmers Insurance Says Text-Send Platform Isn't Autodialer

    Farmers Insurance asked a Missouri federal judge Tuesday for a quick win in a proposed class action over purported mass texts, contending that the platform used to send the messages is not an autodialer under the Telephone Consumer Protection Act.

  • June 11, 2019

    Aetna Customer Imposters Must Face Fraud Suit In Pa.

    A Long Island, New York-based company accused of impersonating Aetna customers and inducing the insurer to pay more to out-of-network doctors will have to face a lawsuit in Pennsylvania federal court, after a judge denied the company's effort to toss the case for lack of jurisdiction.

  • June 11, 2019

    Insys Seeks Speedy Ch. 11 Sale As Liabilities Mount

    Insys Therapeutics Inc. told a Delaware judge Tuesday it is taking responsibility for its part in the nation’s opioid crisis as it moves quickly toward a Chapter 11 sale of its assets and a plan to pay legal liabilities, including roughly $200 million to settle government claims.

  • June 11, 2019

    J&J Unit Seeks Kirkland's Pfizer Docs In Antitrust Fight

    A Johnson & Johnson subsidiary has asked a New York federal court to order Kirkland & Ellis to produce documents in a Pennsylvania antitrust dispute with Pfizer related to J&J’s blockbuster drug Remicade, arguing the documents have already been handed over in another suit between the two companies.

  • June 11, 2019

    Investors Have Slim Legal Path When Digital Coins Vanish

    Cryptocurrencies are already considered risky investments because of their volatility, but investors could face a whole new set of legal risks if cybercriminals steal their digital assets.

  • June 11, 2019

    Progressive To Pay $2M To End Claims Over Missing Discount

    Car insurer Progressive has agreed to pay $2 million to a class of Pennsylvania customers who said they were cheated out of a premium discount for anti-theft devices, according to papers filed in federal court Monday.

  • June 10, 2019

    Pa. Eatery Wants Insurer's Car Crash Settlement Suit Tossed

    A Pennsylvania restaurant has asked a federal court to dismiss an insurance company's bid to recoup part of a settlement to a passenger in a car crash allegedly caused by a drunk patron, saying it hasn't shown the eatery violated the state's liquor code and its settlement was voluntary.

  • June 10, 2019

    Policy Goals Void UPMC-Highmark Deal End Date, Judge Told

    Overarching efforts to shield consumers from fallout as the University of Pittsburgh Medical Center looks to end its contractual relationship with insurer Highmark allowed the state to strip a looming termination date from a soon-to-expire deal created to smooth the companies' divorce, a Pennsylvania judge heard Monday.

  • June 10, 2019

    Conrail Can't Get Coverage For Bridge Work After Derailment

    Consolidated Rail Corp. fell short Monday in securing excess insurance coverage for replacing a drawbridge following a 2012 train derailment in Paulsboro, New Jersey, with a federal judge finding that some of the company's legal claims are time-barred and the work did not fall within certain policy provisions.

Expert Analysis

  • Rebuttal

    What HHS Questions About Negotiated-Rate Disclosure Mean

    Author Photo

    A recent Law360 guest article appears to conflate questions the U.S. Department of Health and Human Services asked about potential disclosure of payer-negotiated health care rates with an Affordable Care Act provision, and neglects to reference contemporary data on hospital price growth, says Melinda Hatton of the American Hospital Association.

  • 5 Myths In Legal Crisis Communications

    Author Photo

    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • An Overview Of The Debate Over Litigation Finance Disclosure

    Author Photo

    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • Health Care Cos. Should Beware DOJ's Use Of Travel Act

    Author Photo

    The recent case against Forest Park Medical Center highlights the U.S. Department of Justice's increasingly aggressive stance in bringing federal health care prosecutions and its willingness to extend its prosecutorial reach through the Travel Act, say attorneys at Holland & Knight.

  • To Fix Securities Class Actions, Put Damages Analysis First

    Author Photo

    Securities class actions rarely go to trial — yet many are highly winnable by the defense. To better gauge whether a case truly meets the requirements to be a securities class action, we propose moving damages expert reports and discovery ahead of fact discovery, say Douglas Greene of BakerHostetler and John McCarrick of White and Williams.

  • Franchising In The Cannabis Industry Begins To Light Up

    Author Photo

    This month, ONE Cannabis will become the first cannabis company to gain recognition from a mainstream franchising audience, and other new franchisers are sure to follow, provided that they can overcome the extra regulatory obstacles and other challenges that cannabis retailers face, says Rochelle Spandorf of Davis Wright.

  • How To Identify And Deal With Narcissists In Law

    Author Photo

    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • NJ Fiduciary Rule Would Add To Investment Firms' Burdens

    Author Photo

    A recently proposed New Jersey rule instituting a uniform fiduciary standard for broker-dealers and investment advisers registered in the state could impose significant changes to investment firms' relationships with their customers, say David Libowsky and Daniel Strashun of Bressler Amery.

  • Maximizing Insurance Recovery For Energy Companies

    Author Photo

    Two recent cases from Texas showcase some of the unique insurance challenges faced by the energy industry. Oil and gas companies must carefully craft their insurance programs to account for economic, political and societal pressures, say Robin Cohen and Lauren Varnado of McKool Smith.

  • Will Calif. High Court Settle TCPA Insurance Question?

    Author Photo

    In Yahoo v. National Union Fire Insurance Co. of Pittsburgh, the Ninth Circuit certified to the California Supreme Court a key question involving personal injury insurance for Telephone Consumer Protection Act allegations. However, the state court could resolve this issue by rejecting the conclusion seemingly invited by the Ninth Circuit, say Laura Brady and Reka Bala of Coughlin Duffy.

  • HHS Rule Could Disrupt How Hospitals And Insurers Set Rates

    Author Photo

    Buried in the text of the U.S. Department of Health and Human Services' new proposed rule on health care information technology are potentially explosive questions about the publication of payer-negotiated rates for health care services, say attorneys at Brownstein Hyatt.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

    Author Photo

    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

    Author Photo

    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

    Author Photo

    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • New Tax Insurance Options On The Rise In M&A

    Author Photo

    A recent shift in the insurance market allows buyers and sellers to more appropriately underwrite and allocate contingent tax risks arising in mergers and acquisitions, say Robert Holo and Tyler Robbins at Simpson Thacher.

Can't find the article you're looking for? Click here to search the Insurance archive.