A New Jersey appeals court set the stage for high-stakes battles between policyholders and their insurers over insurance for construction defect liability claims by ruling last week that coverage extends until the nature and scope of the property damage becomes apparent.
A Massachusetts magistrate judge granted summary judgment on Tuesday to an insurance company in a dispute with a commercial bakery ravaged by the bursting of a frozen pipe, saying that after a panel of disinterested parties made a call as to the proper reimbursement amount, that decision couldn't be questioned.
U.S. senators on Tuesday sharply questioned whether opaque arrangements between drugmakers and pharmacy benefit managers are driving up drug costs.
After winning a $66 million judgment against now-bankrupt ChinaCast Education Corp., private equity fund Jayhawk continued fighting Monday for payments from ChinaCast insurers, telling a New York bankruptcy judge its pursuit is not an “asset grab” but the logical outcome of the situation.
Insurer Confie Seguros Holding II Co. is urging an Illinois federal court to greenlight its securities fraud suit against the owners of an auto insurance network, brushing aside motions to dismiss and calling the $100 million scheme “so blatant” that Hollywood would reject it as "too outrageous" if it were a movie script.
New York’s financial regulator on Tuesday issued final rules that it says will stop kickbacks and other abuses in the title insurance market.
Allstate sued a former agent in Massachusetts federal court Monday, saying that he has breached a one-year noncompete clause and is using Allstate trade secrets and phone numbers to compete against the insurer.
The leaders of a key Senate panel have struck a deal intent on restoring cost-sharing reduction payments and offering states more flexibility under the Affordable Care Act’s insurance rules as part of a bid to prop up the individual markets over the next two years.
Interstate Fire & Casualty Co. urged the Second Circuit on Monday to find that sex abuse settlements made by the Archdiocese of Hartford, Connecticut, in four individual suits fall under an assault-and-battery exclusion in its policy.
The Tenth Circuit found Tuesday that a U.S. Securities and Exchange Commission announcement of an investigation is not an allegation or request for relief, and thus doesn't trigger coverage under a sports nutrition company’s policy with Liberty Insurance Underwriters Inc., even though the client shelled out $3 million responding to the probe.
A Texas federal judge ruled Monday that ACE American Insurance Co. has no duty to defend an oil driller hit with a $105.7 million judgment after creating a well that became unusable, saying an exclusion applied to the entire well, and the driller's work couldn't be separated out from the rest.
A California federal magistrate judge overseeing claims that UnitedHealth Group improperly denied coverage for mental health and substance abuse treatment told class members at the start of their bench trial Monday that he’s “just some dumb judge” who would need expert testimony on coverage guidelines to give him “a road map” for their case.
A California state judge on Friday ruled that Cottage Health System's excess insurance carrier must face the hospital network's suit seeking coverage for more than $4 million in data breach-related costs, rejecting the insurer's argument that the action is premature because Cottage's primary insurance policy hasn't been exhausted.
A Massachusetts appeals court on Monday vacated a decision ordering OneBeacon to repay Celanese Corp. for about $2.4 million the chemical company had paid to defend asbestos and other personal injury claims, finding that Celanese lost its right to reimbursement when it refused to let the insurer take control of its defense.
A proposed class of consumers told the Ninth Circuit on Monday that the California Supreme Court should weigh in on whether MetLife and other insurers are exempt from disclosing compound interest charges on policy loans, arguing that the state law at issue is unclear and prior case law doesn’t provide much guidance on the issue.
A New Jersey federal judge on Monday dismissed an insurer’s complaint seeking to dodge coverage of a lawsuit accusing Connolly Connolly & Heun LLP of estate mismanagement, ruling that the action belongs in state court, where the mismanagement claim is lodged.
A group of 17 insurance companies from the U.S., Europe and Canada sued Saudi Arabia, two Saudi financial institutions and the construction company founded by Osama bin Laden’s father on Friday in New York federal court over their alleged roles in the 9/11 terrorist attacks, seeking compensation exceeding $1.5 billion.
A doctor’s failure to take part in his malpractice trial does not excuse his insurance company from its duty to pay into the $2.6 million judgment against him, a Maryland federal court found Monday.
Thousands of class members affected by seven Bon Secours Health System Inc. pension plans that were allegedly in violation of the Employee Retirement Income Security Act asked a Maryland federal court Friday to give final approval to a settlement that would require the health care organization to provide $98.3 million to bolster funding.
A Pennsylvania state judge on Friday agreed to temporarily bar a group of ex-Wells Fargo Insurance Services USA Inc. employees from attempting to lure away any of the company’s clients to their own newly formed insurance business.
The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Last week, the CEO of the National Association of Insurance Commissioners questioned Lemonade Insurance Company's peer-to-peer service, expressing concerns that Lemonade's partners may require a producer license. New, innovative ideas like Lemonade's platform can benefit potential insureds, but also present regulatory concerns, says Zachary Lerner of Locke Lord LLP.
Following recent oral arguments on a certified question from the Eleventh Circuit in Altman v. Crum, the Florida Supreme Court is set to decide when defense under commercial general liability insurance begins. The decision will be significant because of the state's outsize role in construction defect litigation, says Elliotte Quinn IV of Parker Poe Adams & Bernstein LLP.
I argued my first case before the U.S. Supreme Court in 2013. It was my birthday. And I must say, the experience set the bar pretty high for future birthdays, says Catherine Carroll of WilmerHale.
On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.
The New York Supreme Court's decision in National v. TransCanada last month held that coverage under an "all-risks" policy extended to losses resulting from a precipitating cause that occurred prior to the policy period. This case underscores that the specific wording of an insurance policy can be outcome-determinative, say Jan Larson and Alexander Bandza of Jenner & Block LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.