• October 17, 2017

    NJ Court Tees Up Fights On Building Defect Coverage Trigger

    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.

  • October 17, 2017

    Insurer Beats Bakery's Suit Over Burst Pipe Coverage Amount

    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.

  • October 17, 2017

    Sens. Scrutinize Murky Drug Pricing, Rebate Deals

    U.S. senators on Tuesday sharply questioned whether opaque arrangements between drugmakers and pharmacy benefit managers are driving up drug costs.

  • October 17, 2017

    ChinaCast Shareholders Defend Bid To Collect From Insurers

    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.

  • October 17, 2017

    PE Firm Was Behind 'Blatant' $100M Fraud, Insurer Says

    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. 

  • October 17, 2017

    New NY Rules Crack Down On Title Insurance Abuses

    New York’s financial regulator on Tuesday issued final rules that it says will stop kickbacks and other abuses in the title insurance market.

  • October 17, 2017

    Allstate Says Ex-Agent Is Using Its Data To Steal Business

    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.

  • October 17, 2017

    Bipartisan ACA Deal Would Renew Subsidies, Add Flexibility

    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.

  • October 17, 2017

    Conn. Diocese Not Covered For Abuse, Insurer Tells 2nd Circ.

    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.

  • October 17, 2017

    Liberty Needn't Cover Client's $3M Expenses In SEC Probe

    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.

  • October 16, 2017

    Insurer Needn't Defend In $105.7M Well Coverage Suit

    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.

  • October 16, 2017

    Self-Effacing Judge Asks For Road Map In UnitedHealth Trial

    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.

  • October 16, 2017

    Excess Insurer Must Face $4M Data Breach Coverage Suit

    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.

  • October 16, 2017

    Celanese's $2.4M Coverage Award Nixed By Mass. Court

    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.

  • October 16, 2017

    9th Circ. Urged To Punt MetLife Disclosure Issue To State

    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.

  • October 16, 2017

    Insurer's Dispute With Firm Belongs In State Court: Judge

    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.

  • October 16, 2017

    Insurers Sue Saudi Arabia For $1.5B In Losses After 9/11

    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.

  • October 16, 2017

    Insurer Must Pay Med Mal Judgment Against Absent Doctor

    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.

  • October 16, 2017

    Class Seeks Final OK On $98.3M Bon Secours ERISA Deal

    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.

  • October 16, 2017

    Wells Fargo Wins Temporary Bar In Client-Poaching Dispute

    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.

Expert Analysis

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    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.

  • New Insurance Platforms Arguably Require Producer Licenses

    Zachary Lerner

    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.

  • Do Defect Notice Letters Trigger The Duty To Defend?

    Elliotte Quinn

    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.

  • Series

    My Supreme Court Debut: A Birthday I’ll Never Forget

    Catherine Carroll

    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.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    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

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    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.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    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.

  • Default Dates Of 1st Exposure Can Lead To Conflict

    Jim Dorion

    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.

  • NY Insurance Case Highlights Importance Of Specific Wording

    Alexander Bandza

    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.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    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.