• February 17, 2017

    Insurer Can Depreciate Labor Costs, Neb. Justices Say

    The Nebraska Supreme Court ruled Friday that American Family Mutual Insurance Co. can depreciate labor costs when calculating actual cash value payments for property losses, answering a certified question from a federal court.

  • February 17, 2017

    DOL Notches Win Against Insurer's Fiduciary Rule Challenge

    A Kansas federal judge on Friday sided with the U.S. Department of Labor in upholding a new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, finding the agency did not exceed its authority in ushering it in.

  • February 17, 2017

    Anthem Wins Rush On Cigna Merger Appeal

    The D.C. Circuit on Friday granted Anthem Inc.’s bid to speed up its appeal of a lower court’s ruling blocking its proposed $54 billion acquisition of Cigna Corp. in a short order Friday, setting oral arguments for the case for March 24.

  • February 17, 2017

    Ex-NJ Atty, Dad Indicted For Roles In $13M Ponzi Scheme

    A former attorney and his father have been indicted on federal criminal charges in New Jersey for their roles in a Ponzi scheme that allegedly involved swindling more than 40 clients out of roughly $13 million over a three-year period, authorities announced on Friday.

  • February 17, 2017

    Steel Co. Can't Pick Attys In Construction Suit, Insurer Says

    A W.R. Berkley Corp. insurer told an Illinois federal court on Friday that an Illinois steel structure contractor shouldn't be permitted to choose its own attorneys in an underlying suit over a collapsed warehouse, while the contractor countered that it has a right to independent counsel due to the size of its potential liability.

  • February 17, 2017

    Broker Blamed For Coverage Gap After Canister Explosion

    A food equipment manufacturer has hit its insurance broker with a lawsuit in New Jersey state court, alleging the agency caused a coverage gap by recommending the firm switch policies, which left it holding the bag in a subsequent lawsuit over an exploding whipped cream canister.

  • February 17, 2017

    Court Nixes Construction Worker’s Restaurant Injury Benefits

    A Pennsylvania appeals court on Friday slapped down a state Workers’ Compensation Appeal Board finding that a construction worker was eligible for benefits for an injury that occurred while he was doing work for a new restaurant.

  • February 17, 2017

    Avis Says Insurer Owes Coverage For $23.5M Crash Verdict

    Avis has slapped its insurer with a lawsuit in New Jersey federal court alleging that the business has improperly refused to provide coverage in two personal injury actions, including one case in which a jury recently returned a $23.5 million verdict against the car rental company.

  • February 17, 2017

    Horizon, NJ Reach $1.1M Settlement Over Privacy Lapse

    Horizon Blue Cross Blue Shield of New Jersey has agreed to pay $1.1 million to settle allegations it failed to properly protect the privacy of nearly 690,000 Garden State policyholders whose personal information was contained on two laptops stolen from the insurer’s Newark headquarters, the state announced Friday.

  • February 17, 2017

    Texas Justices Won't Disturb Exxon's $4M Blast Coverage Win

    The Texas Supreme Court on Friday declined a request from AIG subsidiary Commerce and Industry Insurance Co. asking the high court to review a lower court ruling holding it liable for more than $4 million in personal injury claims paid by Exxon Mobil Corp. in the wake of a Texas chemical plant explosion.

  • February 16, 2017

    Anthem Says TRO Backs Fast Appeal In $54B Cigna Deal

    Anthem Inc. doubled down Thursday on its bid for the D.C. Circuit to hasten its appeal of a ruling against a $54 billion merger with Cigna Corp., arguing that a temporary restraining order stopping Cigna from breaking up the deal bolsters its case for an expedited decision.

  • February 16, 2017

    Trump's CMS Pick Says Medicaid 'Doesn't Work Well'

    The Trump administration’s likely leader of the Centers for Medicare and Medicaid Services on Thursday sharply criticized Medicaid as rigid and underperforming, signaling that states will get more leeway to overhaul their programs.

  • February 16, 2017

    English Judge Won't Remove Arbitrator From Insurance Row

    London's High Court has declined to dismiss an arbitrator overseeing an insurance coverage dispute, rejecting a company's contention that the arbitrator could be biased because he is overseeing related parties in other arbitration tribunals.

  • February 16, 2017

    Chamber Backs CareFirst In Data Breach Battle At DC Circ.

    The U.S. Chamber of Commerce on Thursday asked the D.C. Circuit to uphold the dismissal of a putative class action against CareFirst BlueCross BlueShield over a 2014 data breach, saying the policyholders suing the insurer can't meet the standing requirements set forth in the U.S. Supreme Court's landmark Spokeo decision and another seminal high court ruling.

  • February 16, 2017

    PTAB Says Insurance Cos. Estopped In IV IPR Challenge

    The Patent Trial and Appeal Board said Wednesday the inter partes review estoppel provision barred a pair of insurance companies from challenging several invalidated claims in an Intellectual Ventures II LLC e-commerce patent in an America Invents Act review.

  • February 16, 2017

    NY Judge Gives Nod To Ex-AIG Head’s $10M Deal

    A New York state judge on Thursday indicated he approved the nearly $10 million deal the state attorney general reached with former American International Group Inc. CEO Maurice “Hank” Greenberg and the insurer’s former chief financial officer, and will dismiss the long-running fraud case once the pair pay up.

  • February 16, 2017

    House Lawmakers Seek Clarity On US-EU Insurance Pact

    A U.S. House panel on Thursday pressed for more clarity on a new bilateral agreement between the U.S. and European Union designed to place insurers and reinsurers in the two jurisdictions on equal footing, as regulators and insurance trade groups presented wildly divergent views on the pact.

  • February 16, 2017

    Fla. High Court Nixes State Farm Bid For Hospital Contracts

    The Florida Supreme Court in a Thursday ruling let a Jacksonville hospital avoid handing over its contracts with health insurance companies in a dispute with State Farm Mutual Automobile Insurance Co. over possible hospital overbilling.

  • February 16, 2017

    Builder Not Covered For Water Damage, 10th Circ. Finds

    The Tenth Circuit on Thursday upheld Travelers Property Casualty Co.’s rejection of a Colorado building contractor’s insurance claim, finding the contractor’s own work had not been damaged.

  • February 16, 2017

    Insurance Group Of The Year: Steptoe & Johnson

    Steptoe & Johnson LLP's insurance and reinsurance group notched impressive wins in challenging venues over the last year, including victories for an AIG unit in the Fifth Circuit and Travelers Indemnity Co. in West Virginia's highest court, winning it a spot among Law360's Practice Groups of the Year.

Expert Analysis

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • Cybercrime Insurance Case Trends In The 4th Quarter Of 2016

    David Bergenfeld

    Major cybercrime cases in the final quarter of 2016 indicate the courts are growing stricter in interpreting insurance policy provisions. In particular, they denied insurance coverage for forged government guarantees and denied coverage for a vendor theft involving emails, says David Bergenfeld of D'Amato & Lynch LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Health Republic's Curious Liquidation: Part 8

    James Veach

    Although Health Republic's liquidation is a matter of considerable public interest, the process has been far from transparent. Last fall, the National Association of Insurance Commissioners' discussion of consumer operated and oriented plans was closed to the public, in potential violation of the NAIC's policy statement on open meetings, says James Veach of Mound Cotton Wollan & Greengrass LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Health Republic's Curious Liquidation: Part 7

    James Veach

    In the seventh part of this series on Health Republic's liquidation process, James Veach of Mound Cotton Wollan & Greengrass LLP summarizes his recent attempt to appear as a friend of the court overseeing the liquidation.

  • When And Where Punitive Damages Are Insurable: Part 2

    Rory Eric Jurman

    There is no substitute for a well-drafted, ironclad insurance policy, so it is imperative that insurers either expressly exclude punitive damages in actual policies, or unambiguous, limiting language if the agreement is to cover punitive damages, says Rory Jurman of Fowler White Burnett PA.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • 5 Best Practices For Minimizing Rescission Risk

    Katherine J. Henry

    Under certain circumstances, an insurer can persuade a judge or jury that an insured organization misled or misrepresented critical information in order to obtain lower premiums. Katherine Henry and Brendan Hogan of Bradley Arant Boult Cummings discuss five tips for avoiding insurance policy rescission.

  • When And Where Punitive Damages Are Insurable: Part 1

    Rory Eric Jurman

    When insured parties are ordered to pay punitive damages, they often want to know whether those punitive damages are covered and whether they were insurable in the first place. In the first half of this two-part article, Rory Jurman of Fowler White Burnett PA looks at how courts in Florida treat this issue, compared to courts around the country.