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Insurance

  • May 24, 2019

    Glass Ceiling Slow To Break For Female Attys In 2018

    Our latest survey of the largest U.S. law firms shows the barriers to equality for women increase as they rise up the ranks. Here’s our breakdown of the data from this year’s Glass Ceiling Report.

  • May 24, 2019

    The Best Law Firms For Female Attorneys

    While the latest Glass Ceiling Report again shows marginal gains for women in private practice, some firms are demonstrably forging a path to parity for female attorneys. Here are the law firms leading the way.

  • May 24, 2019

    What 12 Gender Bias Complaints Say About BigLaw

    Law360 looks at a dozen gender bias suits against law firms to see where their complaints dovetail — and where they veer apart. Together, the suits offer a window into the top gender equity hurdles facing the legal industry.

  • May 24, 2019

    First American Security Flaw Exposes 885M Mortgage Records

    A security slip-up by First American Title Insurance Co., one of the biggest title insurance companies in the U.S., exposed more than 885 million customer records, many of which contain sensitive financial information about home buyers and sellers, news outlets reported on Friday.

  • May 24, 2019

    No New Arbitration Over Boy Scout Claims, Underwriters Say

    Lloyd's of London underwriters have urged a Massachusetts federal court to toss a bid by Century Indemnity Co. to force arbitration of a reinsurance dispute relating to decades-old sexual molestation cases brought against the Boy Scouts of America, saying the dispute has already been resolved.

  • May 24, 2019

    Ala. Justices Reinstate Wrongful Death Suit Against Insurer

    The Alabama Supreme Court on Friday revived a suit accusing an insurance company of causing a severely constipated man’s death by negligently denying coverage for colon surgery, saying the man’s estate should’ve been allowed to tweak claims that were preempted by federal labor law. 

  • May 24, 2019

    Actresses Say They're Not In Any Weinstein Sex Abuse Deal

    Actresses Ashley Judd and Wedil David on Friday debunked reports of a global settlement between disgraced filmmaker Harvey Weinstein and those who claim he sexually harassed them, saying they are not parties to any deal.

  • May 24, 2019

    FDIC Switched Rule In $1.1B Deposit Shortfall Suit, BofA Says

    Bank of America on Friday argued that the Federal Deposit Insurance Corp. might be trying to hide documents that show the regulator retroactively applied a rule change to show the bank underpaid deposit protection fees to the tune of $1.1 billion.

  • May 24, 2019

    8th Circ. Says Non-Matching Roof Tiles Not Insurer's Problem

    The Eighth Circuit on Friday said American Family Mutual Insurance won’t have to pay for the replacement of an entire roof after shingles installed to replace hail-damaged ones did not match the original set, reversing an initial finding that a couple’s insurance policy covered the matching issue.

  • May 24, 2019

    Moms Lose Cert. Bid In UnitedHealth Lactation Coverage Suit

    A California federal judge has denied class certification to a group of mothers accusing UnitedHealth Group of failing to cover lactation services in violation of federal benefits and health care laws, but gave them a chance to fix the numerous flaws he found in their request.

  • May 24, 2019

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

    The past week has seen a wealthy British shipping magnate face commercial fraud claims, a Russian businessman sue a former peer embroiled in a mall fraud dispute, and a Barclays Bank PLC unit face contract claims from a host of consumers. Here, Law360 looks at those and other new claims in the U.K.

  • May 24, 2019

    Trump Sinks ACA Protections In Latest Transgender Setback

    The Trump administration moved Friday to eliminate an Affordable Care Act anti-discrimination policy covering transgender patients, reversing an Obama administration stand and adding to a series of civil rights rollbacks for transgender Americans.

  • May 24, 2019

    UnitedHealth Settles Prostheses Suit Days Before Trial

    UnitedHealth has reached a settlement to end a class action accusing the insurer of violating federal benefits law by refusing to cover prosthetic arms and legs, averting a trial just days before it was set to start.

  • May 24, 2019

    Insurer Seeks $1.2M Over Unpaid Restaurant Construction Tab

    An insurance company filed a lawsuit in New York federal court Thursday arguing that an insured contractor owes it at least $1.15 million for failing to complete work on three restaurants in a Massapequa mall and leaving the insurer to foot the bill.

  • May 23, 2019

    Blue Shield False Ad Trial Split To Avoid Jury Confusion

    An upcoming trial over class claims that Blue Shield of California falsely markets its "Vital Shield" health care plan was divided on Thursday, after a Los Angeles judge said he must first interpret the policy contract in the trial's first phase to avoid jury confusion.

  • May 23, 2019

    Fla. Gov. Signs 'Assignment Of Benefits' Reform Bill

    Florida Gov. Ron DeSantis signed a bill Thursday aimed at addressing abusive litigation stemming from property owners' assignment of insurance benefits to contractors, which has been blamed for driving up consumer premiums in the state.

  • May 23, 2019

    BioChemics Can't Revive SEC Probe Coverage Bid At 1st Circ.

    The First Circuit affirmed a district court ruling Thursday that Axis Insurance Co. had no duty to cover BioChemics' costs to defend against an investigation and enforcement action by the U.S. Securities and Exchange Commission, saying the grounds for an insurance claim kicked in before BioChemics was covered.

  • May 23, 2019

    Ransomware Attacks Surge In 2019, Insurer Beazley Says

    Insurer Beazley Group says its clients have reported twice the number of ransomware cyberattacks in the first quarter of 2019 as they did last year, with hackers targeting bigger companies and demanding bigger ransoms than ever before.

  • May 23, 2019

    Liberty Mutual Wins Bid To Arbitrate NJ Auto Crash Claims

    Liberty Mutual Insurance Co. scored a victory Thursday when a New Jersey appeals court ruled that an arbitrator, not a judge or jury, must decide whether a freight company may be held liable for reimbursing the insurer for personal injury protection benefits following a motor vehicle crash.

  • May 23, 2019

    Weinstein Co. Must Wait On Bid To Hire More Counsel

    A Delaware bankruptcy judge on Thursday put off The Weinstein Co.'s bid to hire Bernstein Litowitz as special litigation counsel, saying she didn't want to saddle the estate with the expense until a global settlement of sexual misconduct claims against Harvey Weinstein became final.

  • May 23, 2019

    DOJ Taking Closer Look At $17B Centene-WellCare Merger

    Centene and WellCare disclosed Thursday that the U.S. Department of Justice is seeking more details on the government-focused health insurers' planned $17 billion tie-up, pushing regulators’ review timeline back indefinitely.

  • May 23, 2019

    Hanover Unit Can't Dodge Medicare Reimbursement Suit

    A Florida federal judge on Wednesday refused to dismiss a proposed class action alleging that a Hanover Insurance unit violated the Medicare Secondary Payer Act by failing to reimburse Medicare Advantage plans for medical costs incurred after automobile crashes.

  • May 22, 2019

    Insurer Can't Revive Defective-Lamp Suit Against Amazon

    The Fourth Circuit on Wednesday found Amazon isn't liable for selling a lamp that allegedly started a house fire, saying the online marketplace never owned the lamp and therefore can't be sued by Erie Insurance Co. under Maryland product liability law.

  • May 22, 2019

    AIG Unit's Failure To Defend Yahoo Was Bad Faith, Jury Says

    A California federal jury found Wednesday that an AIG subsidiary acted in bad faith when it failed to cover Yahoo Inc.’s costs to defend a consolidated class action accusing it of unlawfully scanning customers' emails.

  • May 22, 2019

    Dems Warn Of Judicial Overreach As ACA Arguments Loom

    A district court's invalidation of the entire Affordable Care Act was an egregious misuse of judicial power, Democratic lawmakers and state attorneys general told the Fifth Circuit on Wednesday, setting the stage for oral arguments on the ACA's fate.

Expert Analysis

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • 5 Considerations For Both Sides In Stadium Naming Deals

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    The stadium and arena naming rights deal market remains highly active. The complexity of these agreements and the importance of the terms are growing, say Ryan Davis and Steve Smith of Bryan Cave Leighton Paisner LLP.

  • Climate Change And Insurance: Increasing Foreign Lawsuits

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    The amount of climate-related litigation outside the United States is growing. While these cases are not all headline-grabbing actions against large emitters, they are equally important for the insurance industry to monitor, say Jason Reeves and Deepa Sutherland of Zelle LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • The Many Elements Of Protection For Pre-Existing Conditions

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    As discussion and debate about health coverage continues following the recent Affordable Care Act decision in Texas v. U.S., it is useful to appreciate that what may be referenced in the singular as protection for pre-existing conditions is in fact a collection of multiple provisions working in concert, say Catherine Livingston and Elena Kaplan of Jones Day.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • How Trump's Birth Control Rules Run Afoul Of The APA

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    Federal courts in California and Pennsylvania recently halted implementation of two Trump administration regulations that exempt employers from the Affordable Care Act's so-called contraceptive mandate, illuminating several strictures that the Administrative Procedure Act places on rule-making, says Steven Gordon of Holland & Knight LLP.

  • Event Cancellation Claims May Follow Gov't Shutdown

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    The recent government shutdown meant that parks, monuments and government buildings closed as well, interfering with weddings, corporate events, concerts and fundraising events. Claims arising from event cancellation policies will likely arise in the near future, say Jonathan MacBride and Isabella Stankowski-Booker of Zelle LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

  • Opinion

    ALI Shouldn't 'Teach' Insurance Restatement In A Courthouse

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    The American Law Institute plans to promote its Restatement of the Law on Liability Insurance at a federal courthouse in Texas later this month. This is troubling because the sponsoring judges will appear favorably predisposed toward adopting the RLLI, says Kim Marrkand of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • For Texas Insurers, Liability Is Separate From Defense Costs

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    In Anadarko v. Houston, the Supreme Court of Texas recently ruled that policy language limiting coverage for liabilities does not apply to defense costs. This decision hinged on the court's narrow interpretation of "liability" in the context of excess insurance contracts, says Brandi Doniere of Brouse McDowell LPA.

  • Navigating Federal And State Rules For Extended Warranties

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    Extended warranties are primarily regulated by state laws, but they are also potentially subject to the federal Magnuson-Moss Warranty Act, raising questions about possible preemption of state law as well as reverse-preemption of the MMWA, say Brian Casey and Jon Gillum of Locke Lord LLP.

  • GDPR's Targeted Marketing Rules Reach Beyond Google

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    A recent action by the Bavarian data protection authority potentially signals that cookies, user tracking and online advertising are not only tech industry issues, but instead a priority for all companies — and one that can carry the risk of an EU General Data Protection Regulation fine, say attorneys with Alston & Bird LLP.

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