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Insurance

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Okla. Insurance Co. Sues Rival Over Alleged Poaching

    An Oklahoma insurance and human resources consulting firm filed suit late Tuesday in Delaware Chancery Court, accusing a competing firm of poaching a former employee as part of an alleged scheme aimed at expanding its presence in the Sooner State.

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

  • September 19, 2018

    Progressive Must Face Most Of Drivers' Car Value Claims

    A California federal judge denied most of Progressive Casualty Insurance Co.'s motion to dismiss a driver's putative class action alleging it unfairly undervalued vehicles declared totaled, finding Wednesday that the driver's claims under the Unfair Competition Act are viable.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

  • September 19, 2018

    Insurer Says Hotel Can't Prove Alleged Conspiracy's Impact

    Attorneys for insurer Highmark Inc. argued Wednesday that a Pennsylvania federal judge should deny certification to a proposed class action because an expert witness for a Pittsburgh-area hotel chain didn't show her methods for linking higher health care premiums to an alleged "truce" between Highmark and a rival.

  • September 19, 2018

    3 Key Insurance Questions Lingering After Florence

    As Hurricane Florence's devastating floodwaters recede and residents of the Carolinas start picking up the pieces, many affected homeowners may find that their damage claims fall into gaps in their insurance, while some business owners may face resistance from insurers on claims for lost profits due to the interruption of their operations. Here, Law360 looks at three key insurance questions coming into focus in Florence's aftermath.

  • September 19, 2018

    Contractor Says Insurer Can't Appeal Sports Complex Fight

    Members of a contractor joint venture have urged a Texas federal judge not to allow Mt. Hawley Insurance Co. to appeal a ruling that required it to defend them against a lawsuit over allegedly faulty construction on a San Antonio-area sports complex, saying Mt. Hawley does not have an adequate question that needs review by the Fifth Circuit.

  • September 19, 2018

    Timeshare Owners Fight Fla. County's Bid To Escape Suit

    Timeshare owners on Tuesday asked a federal court to deny an attempt by Orange County, Florida, to win a quick judgment in its favor in a suit alleging that Marriott Ownership Resorts Inc. and its insurer duped them into invalid real estate deals with the county's help, saying it wrongly recorded defective trust instruments.

  • September 19, 2018

    NRA Atty's Admission Debacle Shows Need For Ethics Candor

    The recent expulsion of a National Rifle Association lawyer from a Virginia case underscores that attorneys should err on the side of disclosure and treat a request to practice in a different jurisdiction as an open-ended call for any information a judge might want.

  • September 19, 2018

    Are GDPR Fines Insurable? UK Watchdog Won't Say

    Britain’s data regulator has refused to be drawn on whether businesses can insure themselves against the huge fines that can be levied under Europe’s new information protection regime, as it urges companies to invest in compliance rather than worrying about penalties.

  • September 18, 2018

    Firms Vie For Lead Counsel Spot In AmTrust Chancery Suits

    Major plaintiffs' firms including Grant & Eisenhofer PA and Kessler Topaz Meltzer & Check LLP sought the lead counsel spot Tuesday in putative class action suits against AmTrust Financial Services Inc. in Delaware Chancery Court over a $2.95 billion take-private proposal brought by the company's controlling shareholders.

  • September 18, 2018

    Ban On Prescription Drug 'Gag Clauses' Clears Senate

    The U.S. Senate has passed a piece of bipartisan legislation designed to bar the practice of hiding lower prescription drug costs from patients, the authors of the bill announced Monday.

  • September 18, 2018

    American To Settle Trip Insurance Row As Rivals Face Claims

    American Airlines Inc. has reached an agreement in principal for a class settlement in a suit over its relationship with a third-party travel insurance agency, and JetBlue Airways Corp. and Delta Air Lines Inc. now also face similar suits, according to federal court records.

  • September 18, 2018

    Houston Harbaugh Lures Insurance Atty From Burns White

    When Pittsburgh-based Houston Harbaugh PC added an insurance coverage group through a merger in November 2017, it added the pieces that recently attracted an insurance litigator from Burns White.

  • September 18, 2018

    AbbVie Kickbacks Tainted $1.3B In Humira Claims, Calif. Says

    AbbVie Inc. generated nearly $1.3 billion in tainted health insurance claims for its blockbuster immunosuppressant Humira by paying kickbacks in the form of cash, alcohol, trips and an elaborate network of “nurse ambassadors,” California regulators said in a complaint filed Tuesday.

  • September 18, 2018

    Texas Judge Skeptical Of Bid To Skirt Noncompete Arbitration

    A Texas appellate judge on Tuesday said during oral argument the lawyer for a former insurance finance employee had “some explaining to do,” questioning the employee’s argument her bid to void a noncompete agreement doesn’t belong in arbitration.

  • September 18, 2018

    Arent Fox Fights Early Win Bid In Malpractice Suit

    Arent Fox LLP told a New York federal court that investment firm Windsor Securities did not deserve a quick win for its legal malpractice claim in a suit alleging Arent Fox gave bad advice regarding life insurance policies Windsor seized as collateral for unpaid loans.

  • September 18, 2018

    Butterball Says Insurer Blatantly Forum-Shopped In $4M Suit

    Turkey giant Butterball LLC came out swinging Monday in a coverage fight with insurer Great American over $4.2 million in pollution cleanup at a Missouri site, saying the insurer sped to sue in North Carolina federal court to avoid the “hell hole” of Missouri courts, where Butterball would rather litigate.

  • September 18, 2018

    Marsh & McLennan Snaps Up UK’s JLT In $6.4B Deal

    Marsh & McLennan Cos. on Tuesday said it has agreed to buy London-based insurer Jardine Lloyd Thompson in a deal with a $6.4 billion enterprise value steered by Slaughter and May, Wachtell Lipton Rosen & Katz and Clifford Chance LLP.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Preparing For New Life Settlement Transactions Reporting

    Kristan Rizzolo

    Last year’s Tax Cuts and Jobs Act imposed a host of new information reporting requirements on participants in life settlement transactions. Those affected should put systems in place now to ensure they have the information they need when the filing requirements go into effect, say attorneys at Eversheds Sutherland LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Post-Florence Insurance Considerations For The Carolinas

    Patrick Aul

    In 2016, Hurricane Matthew was an extraordinary event that caused the Carolinas' departments of insurance to provide additional safeguards for insureds. The impact of Hurricane Florence will likely compel North and South Carolina to take the same actions again, say Patrick Aul and Stephen Pate of Cozen O'Connor.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • A Breakdown Of Title Insurance For Mezzanine Financing

    Excerpt from Lexis Practice Advisor
    Spencer Compton

    Despite pessimism after the recession, mezzanine financing continues to be a part of almost every significant commercial real estate transaction. Lenders should understand the basic mezzanine debt structure and what title insurance options are available to them, say Spencer Compton and David Wanetik of First American Title Insurance Company.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.