Insurance

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 27, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a state-owned energy company in Norway being sued, major telecom providers targeted by academic publishers and Italian cable manufacturer Prysmian instigate an intellectual property dispute. 

  • November 25, 2020

    Notice Dispute Can't Block TV Co. From Malpractice Coverage

    A D.C. federal judge on Tuesday handed a partial win to a TV station fighting for insurance coverage of underlying malpractice claims, ruling that the company may be able to go after its lawyer's onetime insurer for damages even if the attorney ran afoul of notification requirements under the insurance policy.

  • November 25, 2020

    200,000-Member ERISA Class Certified In TIAA Lending Beef

    A New York federal judge certified a nationwide class of nearly 8,000 retirement plans covering more than 200,000 participants in a lawsuit alleging the Teachers Insurance and Annuity Association unlawfully profited from its retirement loan program, appointing Berger Montague PC and Schneider Wallace Cottrell Konecky LLP class counsel.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Hospital, Clinic Duel Over 7th Circ. Reach In Antitrust Suit

    An outpatient center told the Seventh Circuit Tuesday that the court doesn't have jurisdiction to revive its claims against a hospital chain it accuses of negotiating insurance contracts that cut competitors out of insurance networks, saying the matter must be sent back to the district court for a new summary judgment decision.

  • November 25, 2020

    Mattress Co. Loses Bid For COVID-19 Shutdown Coverage

    An Illinois federal judge on Wednesday tossed out a mattress company's lawsuit seeking coverage for losses it incurred through statewide COVID-19 shutdown orders but said the company can have another bite at the apple and replead its case.

  • November 25, 2020

    Ill. Cab Biz Isn't Covered In Fatal Carjacking Suit, Insurer Says 

    A Pennsylvania insurer told an Illinois federal court Wednesday that it has no duty to defend a cab company in a suit by victims of a fatal crash involving a stolen taxi, saying its policy doesn't cover anything stemming from the violent carjacking that led to the accident.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    4 Key Insurance Appeals To Watch In December

    Appeals courts will take on several important insurance coverage issues in 2020's final month, with the Delaware Supreme Court set to weigh whether an excess insurer must contribute to Dole's $222 million settlements of stockholder suits and Indiana's high court primed to consider whether a ransomware attack is covered by crime insurance. Here, Law360 breaks down four insurance appeals attorneys will be watching in December.

  • November 25, 2020

    Dentons Banking Litigation Group Snags Gianni Origoni Team

    Dentons has hired a new partner and two other attorneys from Italian law firm Gianni Origoni Grippo Cappelli & Partners for its growing litigation and dispute resolution group, saying the team of three will be based in its Milan office.

  • November 25, 2020

    Linklaters Steers £219M PE Bid For UK Motor Insurer

    Motor insurer AA PLC said on Wednesday that it has accepted a £219 million ($290 million) takeover bid by two private equity companies in a deal that will result in more money being invested in the struggling company.

  • November 24, 2020

    Yellen At Treasury Could Set Stage For More Active FSOC

    The selection of former Federal Reserve Chair Janet Yellen to serve as treasury secretary in the incoming Biden administration could position the Financial Stability Oversight Council to step up its scrutiny of the nonbank sector, a corner of the financial system that is drawing renewed concerns about its potential fragility.

  • November 24, 2020

    NY Justices Say Insurer Can Escape Some Injury Award Costs

    New York's highest court on Tuesday upheld a lower court's ruling that an AIG unit is liable for $1.3 million in excess damages plus certain interest on a construction worker's $2.7 million personal injury win, saying the excess insurer is not liable for interest that would have been paid by the primary insurer under a now-voided policy.

  • November 24, 2020

    NPS Fire Response Mostly Exempt From Insurers' Suit

    The U.S. government on Tuesday dodged the lion's share of a suit brought against it by five insurers who claim National Parks Service employees contributed to damages and loss of life in their handling of a fire at the Great Smoky Mountains National Park.

  • November 24, 2020

    NFL Retirement Plan Faces New Suit Over CBA Disability Cuts

    Three former NFL players hit the league's retirement and disability benefits plans with a proposed class action alleging the retirement plan unlawfully shifted benefits between the plans, a move that set up the league and the players union's controversial agreement to cut disability benefits for potentially hundreds of retired players in the labor agreement reached earlier this year. 

  • November 24, 2020

    Law Firms Say Botched BP Oil Spill Claims Time-Barred

    A group of law firms have asked a Louisiana federal judge to toss a lawsuit brought by local fishermen accusing the firms of mishandling their clients' requests for compensation following the BP Deepwater Horizon oil spill in April 2010, arguing that the alleged claims are time-barred.

  • November 24, 2020

    Energy Drink Co. Denied Defense Of '5-Hour Energy' IP Suit

    A Pennsylvania federal judge ruled Monday that energy drink company Vitamin Energy LLC cannot force Evanston Insurance Co. to cover its costs in a trademark infringement and false advertising suit brought by the makers of 5-Hour Energy drink "shots," because the suit doesn't assert any potentially covered disparagement claims.

  • November 24, 2020

    Mallinckrodt Ch. 11 Pauses Express Scripts Antitrust Claims

    The court overseeing Mallinckrodt's bankruptcy proceedings has paused the city of Rockford, Illinois' separate antitrust case against Express Scripts for allegedly working with the troubled drug company to inflate prices of the hormone treatment Acthar.

  • November 24, 2020

    Caterpillar Unit Dodges $4M In Damages Over Turbine

    A Caterpillar Inc. unit dodged an insurer's claim of at least $4 million for the malfunction of a wind turbine the company manufactured decades ago when a California federal judge upheld an arbitrator's determination that the insurer didn't have the right to seek that relief.

  • November 23, 2020

    Greenberg Traurig Clears Conflict Inquiry In $1B Fraud Case

    A Tennessee federal judge on Friday found that potential conflicts of interest do exist between several attorneys representing a pharmacy owner and pharmacies accused of a $1 billion insurance scheme, but waived the conflicts pertaining to a pair of Greenberg Traurig LLP lawyers.

  • November 23, 2020

    Publisher Says Fox Rothschild Violated Legal Ethics

    The publisher of Business Insurance has asked a New York federal judge to sanction Fox Rothschild LLP, alleging the firm violated professional legal ethics in trying to represent the publisher in one action while simultaneously suing it in another on behalf of the publication's former CEO.

  • November 23, 2020

    Insurer Eyes Early Win Over 'My 600-lb. Life' Policy Row

    Philadelphia Indemnity Insurance Co. has urged a Texas federal judge to grant it an early win in its suit against the producers of TV's "My 600-lb. Life" over coverage of lawsuits arising from the show's treatment of its subjects, saying the policies exclude coverage for claims stemming from reality shows.

  • November 23, 2020

    Abbott Labs Fights Amended ERISA Claims Over Stolen $245K

    Abbott Laboratories argued Friday that a former employee's amended claims still aren't enough to hold it liable for allegedly allowing an identity thief to steal $245,000 from her retirement account and urged an Illinois federal judge to permanently toss her claims.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 5 Tips For In-House Counsel Anticipating Cyber Class Actions

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    In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • Del. Solera D&O Decision May Have Limited Impact

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    While the Delaware Supreme Court's recent decision in Solera is a blow for companies in the state seeking protection for certain key appraisal proceedings, the ruling hinges on the insurers' narrow definition of a violation that will trigger directors and officers coverage for securities-related claims, making it unlikely that other jurisdictions will follow suit, say attorneys at Hunton.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Divergent Insurance Rulings Portend More Virus Litigation

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    A North Carolina state court and Mississippi federal court recently reached opposing conclusions in COVID-19 insurance coverage lawsuits despite analyzing similar business interruption policy language, likely encouraging further litigation over unsettled coverage questions, says Mark Binsky at Abrams Gorelick.

  • Treasury Stance On Ransomware Payment Could Hurt Targets

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    Recent statements from two U.S. Department of the Treasury offices indicate that paying off ransomware with cryptocurrency may trigger certain registration requirements and U.S. sanctions scrutiny, placing a significant regulatory burden on cybervictims and their incident response consultants, say attorneys at McDermott.

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