Insurance

  • April 19, 2017

    Casino Cabinet IP Suit Not Covered In Policy, Insurer Says

    Acuity Insurance Co. on Wednesday asked a Michigan federal court to rule it does not have to indemnify a manufacturer of casino game cabinets in a competitor's patent infringement lawsuit, arguing the underlying suit didn't include a potentially covered claim for trade dress infringement in the insured's advertising.

  • April 19, 2017

    Fed. Claims Court Tosses Blue Cross' Bid For ACA Money

    The U.S. Court of Federal Claims on Tuesday threw out Blue Cross and Blue Shield of North Carolina’s lawsuit seeking about $130 million in payments under the Affordable Care Act’s risk corridors program, finding the ACA doesn’t set a deadline for the government to make full payments.

  • April 19, 2017

    Starr Wants 'Quick Peek' Review Of Docs In $38M Tax Row

    Swiss insurer Starr International Co. Inc. is seeking “quick peek discovery" in multimillion-dollar tax litigation against the U.S. after the government attached an internal IRS email to a legal filing, telling a D.C. federal judge the U.S. Department of Justice shouldn't be allowed to “cherry pick” documents to support its defense.

  • April 19, 2017

    Defense Costs Not Held To Reinsurer's Cap, NY Justices Told

    Century Indemnity Co. has asked New York's highest court to rule that Global Reinsurance Corp. of America must cover Century's costs to defend Caterpillar in asbestos litigation beyond the reinsurer's total liability cap, asserting that a prior decision by the court does not compel a conclusion that the cap includes both indemnity and defense costs.

  • April 19, 2017

    Florida House Passes Workers' Comp Reform Bill

    The Florida House of Representatives on Wednesday passed a workers' compensation reform bill that would codify a pair of state high court rulings striking down parts of the current law, in an effort to stem the rate increases caused by the rulings.

  • April 19, 2017

    Insurers Look To Dodge Superstorm Sandy Coverage

    QBE Insurance sought a quick exit Tuesday from a suit brought over a Jersey City condominium damaged during 2012’s Superstorm Sandy, saying the condo association’s claim that flood damage is caused by water pressure stretches the policy language past its limit.

  • April 19, 2017

    Insurers Hit American Realty With Stock-Drop Suit

    After an infamous earnings restatement and charges against two former executives, American Realty Capital Properties Inc. was sued Tuesday in New York federal court by three insurance companies that say their $60 million investment tanked following the disaster.

  • April 19, 2017

    Texas Court Won't Revive $900K Trade Secrets Damages

    A Texas appellate court on Tuesday affirmed a trial judge’s decision to wipe out a jury’s $900,000 damages award to a life settlement firm in a trade secrets dispute with one of its former sales representatives, holding the firm didn’t show evidence establishing its damages.

  • April 18, 2017

    Jury Awards First Financial $1.2M In Poaching Row

    A San Jose, California, jury awarded $1.2 million in damages to life insurance and financial services marketing firm First Financial Security Inc. on Tuesday, finding its rival Freedom Equity Group LLC induced a breach of contract by hiring away 1,400 lower-level sales contractors.

  • April 18, 2017

    Home Inspection Didn't Cause Damage, 11th Circ. Says

    The Eleventh Circuit on Monday affirmed that Auto-Owners Insurance Co. doesn't have to defend or indemnify home inspector Ralph Gage Contracting Inc. in litigation over an allegedly insufficient inspection, holding that no coverage exists because the insured's purported negligence didn't cause any covered property damage.

  • April 18, 2017

    Insurers Dealt Loss In $140M Bear Stearns Settlement Fight

    Several insurers fighting Bear Stearns successor JPMorgan Chase & Co. over who will ultimately pay $140 million that the investment bank paid the U.S. Securities and Exchange Commission to settle a probe in 2006 had their defenses totally rejected by a New York state judge on Monday.

  • April 18, 2017

    Lloyds Can't Reverse Coverage Of Arbitration, 10th Circ. Says

    The Tenth Circuit on Tuesday affirmed a federal court's holding that Lloyds of London cannot defeat Brecek & Young Advisors Inc.'s claim for coverage of an arbitration alleging the firm's agents mismanaged investment accounts, agreeing with a lower court that the insurer's flip-flop on its coverage stance caused BYA to suffer prejudice.

  • April 18, 2017

    MF Global, Insurers Nudged To Mediate Contract Dispute

    At the conclusion of a hearing Tuesday over whether MF Global's excess insurers should be able to send a coverage dispute to arbitration in Bermuda, a New York bankruptcy judge urged the sides to settle the underlying issue through mediation, saying the matter “cries out to be resolved.”

  • April 18, 2017

    Travelers Owes For Damaged Syrup Shipment, 3rd Circ. Says

    Travelers Property Casualty Co. is on the hook for a shipment of damaged corn syrup transported by USA Container Co., the Third Circuit affirmed Tuesday, saying the exclusions Travelers cited in attempting to deny coverage were irrelevant but that the insurer owes only about $675,000 and not $1 million, as the lower court had originally ruled.

  • April 18, 2017

    2nd Circ. Refuses To Revive $100M AIG FCA Suit

    An ex-AIG Inc. employee’s claim that the insurance giant misled the government and overvalued itself by $100 million during bailout talks doesn’t rise to the level of “material,” the Second Circuit ruled on Tuesday, affirming a lower court’s decision that an extra $100 million wouldn’t have made a dent in the $25 billion 2009 bailout.

  • April 18, 2017

    Chamber Backs Fiduciary Rule Delay But NY AG Doesn't

    The U.S. Department of Labor has received ample input on its delay of when the agency's fiduciary rule for retirement advisers will apply, garnering support from the likes of the U.S. Chamber of Commerce and opposition from New York’s attorney general and others.

  • April 18, 2017

    Health Insurer Has Right To Recoup Payments: High Court

    The U.S. Supreme Court ruled Tuesday that Coventry Health Care of Missouri has a right to recoup benefits paid to a federal employee injured in a car crash, holding that a provision in the Federal Employees Health Benefits Act preempts a Missouri law barring insurers from seeking reimbursement of payments to policyholders.

  • April 18, 2017

    Anbang's $1.56B Fidelity & Guaranty Deal Scrapped

    Iowa-based annuities and life insurance provider Fidelity & Guaranty Life terminated its planned $1.56 billion acquisition by China’s Anbang Insurance Group on Monday, confirming recent rumors that the deal was on the rocks.

  • April 18, 2017

    Atty Deserved Sanctions In Fraud Suit, 11th Circ. Holds

    The sanctions slapped on a Florida attorney for prosecuting a case that turned out to be a classic insurance fraud suit were well deserved, the Eleventh Circuit ruled Monday, even as it questioned whether the $80,000 fine was a bit steep and how it should be split between the attorney and his client.

  • April 18, 2017

    Mich. Juries Have No Say On 'Fixed By Court' Attys' Fees

    A fired life insurance agent who sued over unpaid commissions and lost can't have a jury decide whether she pays her former employer's attorneys' fees, the Michigan Supreme Court has ruled, saying a contractual reference to “the court” can only mean the judge.

Expert Analysis

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • How Patchwork State Regs Could Benefit Driverless Cars

    Michael R. Nelson

    While a patchwork of autonomous vehicle regulations that vary from state to state is ultimately unsustainable, it may prove to be quite beneficial for short-term, early stage development and could serve as a blueprint that offers a safe and effective means of regulating the autonomous vehicle without severely limiting its development, say Mike Nelson and Trevor Satnick of Eversheds Sutherland LLP.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • What Vanderbilt V. Hartford Means For Policyholders

    Jan A. Larson

    The Connecticut Appellate Court's decision in Vanderbilt v. Hartford last month endorsed the unavailability exception and rejected the application of the pollution exclusion to talc-related asbestos exposure. Vanderbilt provides strong support for policyholders faced with certain coverage defenses common to asbestos-related long-tail liability claims, say Jan Larson and Alexander Bandza of Jenner and Block LLP.

  • Opinion

    Untold Stories: Trump's Budget Would Silence Legal Services

    Kevin Curnin

    President Trump's draft budget proposes total defunding of the Legal Services Corporation. Yet leaders of over 160 of the nation's top law firms and 185 general counsel from leading corporations, who make their living at the intersection of business and law, make the case that destroying the LSC is bad for both, says Kevin Curnin of the Association of Pro Bono Counsel.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • Defining 'Securities Claims' In D&O Policies

    Kevin LaCroix

    In a directors and officers insurance dispute spawned by Verizon’s spinoff of its electronic directories business, a Delaware court recently interpreted the definition of “securities claim” to include claims asserted under the common law. While Verizon was able to secure coverage in this case, it is in the best interests of policyholders to include an express reference to common-law claims in such definitions, says Kevin LaCroix of RT ProExec.

  • Exploring 2 Different Approaches To Anti-Rebate Laws

    Shawn Hanson

    The Louisiana Department of Insurance recently issued a revised advisory letter stating that services offered to the general public do not violate the state's anti-rebating laws. This company-friendly position is in contrast with states like Washington, which are more inclined to regulate free or low-cost services, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • Failing To Prevent Inadvertent Disclosures Can Be Costly

    Pierre Grosdidier

    Last month, a Virginia court ruled that a party waived attorney-client communication privilege and work-product doctrine immunity when it uploaded privileged documents to an unprotected cloud-based account. This ruling illustrates how an e-discovery fluke can compromise a case, says Pierre Grosdidier of Haynes and Boone LLP.

  • Think Your Insurance Will Cover Your Recall? Think Again

    Suzan F. Charlton

    If you are a supplier to a food company and you inadvertently provide the wrong ingredient to your customer, you might expect your insurance to provide coverage for that liability. However, you might be wrong, as cases involving “wrong ingredients” can trigger recalls but often are not covered by either products liability or product contamination policies, say Suzan Charlton and Marialuisa Gallozzi of Covington & Burling LLP.