• August 16, 2017

    Insurers Say Kokesh Means JPMorgan Can't Get $300M

    Insurers looking to get out of paying roughly $300 million to JPMorgan Chase & Co. for settlement costs that Bear Stearns paid in a U.S. Securities and Exchange Commission deal asked a New York state judge Wednesday to revive the lawsuit they lost, citing the U.S. Supreme Court’s recent finding in Kokesh that disgorgement is a penalty.

  • August 16, 2017

    Chubb Names New North American House Counsel Manager

    Liz Daly, a 17-year veteran of Chubb, has been tapped to oversee attorneys providing legal services to the insurer's policyholders across North America, the New Jersey-based company announced Wednesday.

  • August 16, 2017

    8th Circ. OKs Insurer Win In $1.5M Tornado Damage Suit

    The Eighth Circuit ruled on Wednesday that it was acceptable for an insurer to pay only the appraised value of a Missouri property hit by a tornado, about $1 million, rather than the higher cost of replacement, because the owner never tried to rebuild.

  • August 16, 2017

    DOL Has No Authority For Fiduciary Rule, DC Circ. Told

    The National Association for Fixed Annuities urged the D.C. Circuit on Tuesday to revive the group's challenge to the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the regulation threatens to upend the fixed annuities industry and exceeds the agency’s authority.

  • August 16, 2017

    Ore. Court Affirms Toss Of Lloyd's Suit Over Cleanup Costs

    Lloyd’s of London cannot force other insurers who settled early on with a Portland-based scrapyard facing environmental cleanup costs to reimburse it after it continued to fight and lost at trial, the Oregon Court of Appeals ruled Wednesday, bringing an end to a tangled, decadeslong coverage dispute. 

  • August 16, 2017

    Trump To Extend ACA Subsidies After CBO Warning

    The Trump administration on Wednesday said it will fund Affordable Care Act subsidies for copays and deductibles this month, a move that came one day after the Congressional Budget Office warned of insurer exits and premium hikes if funding were curtailed.

  • August 16, 2017

    LA Hospital Appeals Order To Release Rate Info In BCBS MDL

    A Los Angeles hospital on Tuesday hit back at an Alabama magistrate judge’s order to turn over negotiated rate information in multidistrict litigation accusing Blue Cross Blue Shield of price-fixing, arguing that the insurer's plans haven’t proven "substantial need" for the trade secrets.

  • August 16, 2017

    Occidental Fights Landowners' Cert. Bid In Sinkhole Suit

    Occidental Chemical Corp. asked a Louisiana federal judge on Tuesday to block a bid for class certification by landowners suing over a massive sinkhole that opened near the underground operations of Texas Brine Co., saying proposed class members are not bound by a common issue.

  • August 16, 2017

    $400M Petrobras Row Must Be Arbitrated: Marine Chain Co.

    A Spanish marine chain manufacturer urged a Texas federal court on Tuesday to pause for arbitration a $400 million lawsuit initiated by Petrobras America Inc. and its insurers over an allegedly defective component in Petrobras’ offshore oil and gas operations, saying things have changed since the court refused a similar bid.

  • August 16, 2017

    Coca-Cola Fights Insurer's Bid To Nix Nepal Blockade Suit

    The Coca-Cola Co. hit back Tuesday against Lloyd's of London's attempts to pare bad faith claims and attorneys' fees requests from its suit alleging the insurer refused to cover losses from the 2015 Nepal blockade, telling a Georgia federal court the claims are warranted and legally proper.

  • August 15, 2017

    Hemophilia Groups Accuse Iowa Blue Cross Affiliate Of Bias

    Three groups representing people with hemophilia filed a civil rights complaint against a Blue Cross Blue Shield affiliate on Tuesday, claiming the company violated the Affordable Care Act and the Health Insurance Portability and Accountability Act by pulling out of Iowa marketplaces and improperly disclosing information about a patient’s health.

  • August 15, 2017

    Law Firm, Insurer Shared Driver's License Details, Suit Says

    A Progressive Insurance subsidiary and a debt-collection law firm were hit with a proposed class action in Wisconsin federal court Monday that accuses them of sharing individuals' driver's license numbers in court documents, in violation of the Driver's Privacy Protection Act.

  • August 15, 2017

    8th Circ. Affirms $2.75M Damages For Travelers' Deceit

    The Eighth Circuit on Tuesday affirmed a $2.75 million jury award of punitive damages to a woman who sued a Travelers Indemnity Co. subsidiary for deceit and breach of contract after failing to cover an auto insurance claim, finding that the claims of bad faith and deceit were valid.

  • August 15, 2017

    Insurer Must Face Suit Over Stones Concert Injury Coverage

    Event promoter Global Live Inc. and insurer New York Marine must face a coverage suit by Indianapolis Motor Speedway LLC over injuries at a Rolling Stones concert at the racetrack, an Indiana federal judge ruled on Monday.

  • August 15, 2017

    Highmark Must Face Antitrust Suit Over Insurance Rates

    A Pennsylvania federal judge said Tuesday that Highmark Inc.’s efforts to win state approval for its allegedly inflated small-group health insurance rates could not shield it from potential liability in a class action claiming it conspired with the University of Pittsburgh Medical Center to exclude competitors from the market.

  • August 15, 2017

    Fla. Judge Grants Initial OK To Revised $3.5M Insurer Fax Deal

    After a second round of revisions, a Florida federal judge on Tuesday gave preliminary approval to a $3.5 million settlement to resolve a junk fax class action against Banner Life Insurance, William Penn Life Insurance and an insurance agency.

  • August 15, 2017

    Insurer Only Owes $1M For Fatal Tree Fall Award: 6th Circ.

    Evanston Insurance Co. only has to cover $1 million of a $3.7 million jury award against a Kentucky municipal housing authority over an accident in which a tree fell and killed a pregnant woman and her baby, the Sixth Circuit affirmed on Tuesday, agreeing with the insurer that the incident constituted one covered occurrence.

  • August 15, 2017

    Kaufman Dolowich Snags Ex-Fowler White Duo In Florida

    Kaufman Dolowich & Voluck LLP expanded its Florida practice with the hires of two former Fowler White Burnett PA attorneys, who together defended against labor law violation claims and litigated contract disputes for insurers at their previous firm.

  • August 15, 2017

    Deals Rumor Mill: AIG, Cohu, Blackstone

    AIG is selling a $2 billion portfolio of so-called “life settlements,” Cohu hopes to block the sale of fellow U.S. semiconductor company Xcerra to a Chinese state-controlled investment fund, and Blackstone has abandoned efforts to buy a stake in Israel's NSO Group.

  • August 15, 2017

    Insurance Agent Challenges Fla.'s Telemarketing Law

    A registered insurance agent has asked a Florida federal court to declare the Florida Telemarketing Act unconstitutional for vagueness after an investigation and arrest — on charges that were later dropped — forced him to close his business.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A New Legal Precedent: Insurance Agents As Employees

    Kristine Ellison

    An Ohio district court's ruling in Jammal v. American Family is notable for is departure from industry practice and prior precedent treating many insurance agents as independent contractors. Insurers and other employers will be watching the U.S. Court of Appeals to see what guidance this case ultimately provides for assessing contractor status, say attorneys with Eversheds Sutherland LLP.

  • Why D&O Policies Should Cover Del. Appraisal Proceedings

    Peter Gillon

    Appraisal proceedings, unique to Delaware law, require acquiring corporations to pay shareholders if the price of a merger or acquisition deal is below fair market value. Fortunately directors and officers insurance might be able to cover affected companies' defense and other costs, say Peter Gillon and Benjamin Tievsky of Pillsbury Winthrop Shaw Pittman LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Why UnitedHealthcare's Litigation Against CMS Is Unique

    Ursula Taylor

    UnitedHealthcare's efforts to challenge a Centers for Medicare and Medicaid Services overpayment rule has the potential to benefit other Medicare Advantage organizations. However, those hoping to ride on UHC's coattails and benefit from a swift and clean victory should understand UHC's unique litigation position, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.