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Insurance

  • July 18, 2018

    Pa. Justices Won't Hear Toxic Cleanup Coverage Row Yet

    A split Pennsylvania Supreme Court on Wednesday refused to hear an appeal of a lower court’s denial of an insurer’s attempt to escape indemnity for a hazardous site cleanup, saying a counterclaim must be resolved before the decision is final enough to be appealed.

  • July 18, 2018

    Olin Covered For Cleanup Costs At 7 Sites, Rakoff Rules

    U.S. District Judge Jed S. Rakoff has ruled that Lamorak Insurance Co. must cover Olin Corp.’s costs to remediate pollution at seven industrial sites, while also freeing the excess insurer from liability for Olin’s defense costs at another site and sending the chemical producer’s demands for coverage at seven additional locations to trial.

  • July 18, 2018

    Biz Groups Ask 10th Circ. To Keep 401(k) Row Dead

    Business and insurance groups asked the Tenth Circuit on Tuesday not to revive a class action over how Great-West Life & Annuity Insurance Co. distributed investment profits to 401(k) plan participants, saying a Colorado federal judge correctly found Great-West's actions didn't violate the Employee Retirement Income Security Act.

  • July 18, 2018

    FDA Chief Blames Big Pharma For 'Anemic' Biosimilars Sales

    The U.S. Food and Drug Administration’s leader on Wednesday placed blame on Big Pharma for the “anemic” biosimilars market and floated a four-part plan for strengthening sales of the copycat medicines.

  • July 18, 2018

    States' ACA Subsidy Suit Tossed After Workaround Found

    A California federal judge on Wednesday tossed a lawsuit by 20 states that attempted to block the Trump administration from cutting billions in Affordable Care Act subsidies, two days after the Democratic attorneys general who filed the suit said they no longer wished to pursue it because they had found a workaround.

  • July 18, 2018

    Kaufman Dolowich Lures In Fla. Professional Liability Partner

    Litigation shop Kaufman Dolowich & Voluck LLP welcomed a new Florida professional liability partner Wednesday from Fowler White Burnett PA, less than a year after bringing in two other Fowler White lawyers to the state.

  • July 18, 2018

    Steadfast, Zurich Say They Don’t Cover Builder In Fraud Row

    Steadfast Insurance Co. and Zurich American Insurance Co. told a Texas federal court Wednesday that their policies do not cover a Texas builder in an adversarial bankruptcy suit accusing the builder of a $329 million scheme to defraud a highway management company.

  • July 18, 2018

    Insurer Needn't Defend Bar In Fatal Stabbing Suit

    Nautilus Insurance Co. doesn’t have to cover a Philadelphia bar facing a wrongful death suit over a patron who was stabbed 11 times for stealing alcohol, a Pennsylvania federal court said Tuesday, finding that a “bodily injury exclusion” clearly applies.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Insurer Says It Doesn't Owe Coverage For Fatal Parade Crash

    A Dallas auto body shop isn't covered for a fatal crash involving an affiliated motorsports team during a parade, an insurer has told a Texas federal judge, arguing the shop isn't the party responsible for the crash and lied in its insurance application about whether it had any sports sponsorships.

  • July 17, 2018

    Pa. Shooting Case Will Test Bounds Of 'Accident' Coverage

    Pennsylvania's high court recently agreed to decide whether a gunman's shooting of a man who walked in on a homicide-suicide is an "accident" that activates an insurer's defense duty under a liability policy, and attorneys say a ruling favoring coverage could expand the availability of insurance for unintended consequences of policyholders' intentional acts.

  • July 17, 2018

    Construction Execs Accused Of Lying To Get State Contracts

    Two New York men allegedly stole the identities of two minority-owned businesses to fraudulently secure millions of dollars worth of public construction projects, shorted their own employees more than $400,000 and defrauded an insurance company, the state’s attorney general said in a press release Tuesday.

  • July 17, 2018

    Insurers Don't Owe Apt. In Carbon Monoxide Suit, Judge Says

    Colony Insurance Co. and another insurer don’t have to cover a wrongful death suit against an apartment complex where two people died in their sleep from carbon monoxide poisoning, thanks to a “total pollution exclusion,” a Florida federal judge said Tuesday.

  • July 17, 2018

    Geico Drives Into Multibillion-Dollar Auto Parts Antitrust Row

    Geico Corp. has filed suit in Michigan federal court against more than 70 auto parts companies embroiled in an international antitrust investigation that has yielded billions of dollars in criminal fines, saying it has been overcharged on insurance claims for more than 20 years due to numerous price-fixing conspiracies.

  • July 17, 2018

    States Seek To Pause ACA Subsidy Fight With Feds

    Democratic attorneys general asked a California federal judge to pause or end their lawsuit attempting to block the Trump administration from cutting billions in Affordable Care Act subsidies, noting that workarounds to the cuts are in place in many states while insisting future action may be needed.

  • July 17, 2018

    Suit Against Insurer In Plane Crash Row Partially Revived

    A Texas appellate panel partially revived a lawsuit Kenyon International Emergency Services Inc. filed against Starr Indemnity and Liability Company on Tuesday, holding the emergency services company had shown that Starr might be on the hook in Kenyon's bid to recoup funds expended in the aftermath of a plane crash.

  • July 17, 2018

    Ex-NY Senate Boss, Son Again Convicted On Graft Charges

    Former New York State Senate Majority Leader Dean Skelos and his son Adam were again convicted of corruption charges on Tuesday following a second trial over claims the once powerful Republican extorted businesses into directing payments to his family.

  • July 16, 2018

    Ohio May Fall In Line With Construction Defect Coverage

    In a case that could affect every construction project in Ohio, the state's top court seems poised to follow a nationwide trend requiring insurers to cover damages sustained by construction companies as a result of their subcontractors' allegedly defective work.

  • July 16, 2018

    Porn Studios Not Covered For HIV Suits, Insurer Tells 9th Circ.

    California's state-backed workers' compensation insurer Friday asked the Ninth Circuit to find it does not have to cover a porn studio for claims by actors who said they contracted HIV while on set, saying the claims are excluded by both state law and the policy terms.

  • July 16, 2018

    Whistleblower Attys Get $4M In Fees In Humana FCA Suit

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to award a whistleblower more than $4 million in litigation expenses for a closely watched False Claims Act case that resulted in a $3 million settlement with Humana, a South Florida health care provider and its owner over alleged Medicare Part C fraud.

Expert Analysis

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.