• January 10, 2017

    Fla. Health Providers Seek Class In PIP Reimbursement Row

    A putative class of health care providers on Tuesday asked a Florida federal court for certification in its lawsuit accusing Progressive American Insurance of improperly invoking a state law cap on personal injury protection policy limits based on determinations it obtained from nontreating providers.

  • January 10, 2017

    FBI Stays Clear Of Insurer’s Fire Damage Suit At 11th Circ.

    The Eleventh Circuit on Tuesday upheld a lower court’s ruling that the FBI was not liable for fire damage to a hotel caused by a special agent’s discarded cigarette, finding the agent was off-duty at the time of the fire and that the bureau wasn’t vicariously liable.

  • January 10, 2017

    Katten, Haynes Boone Steer AIG-Simon Baron $150M Loan

    Katten Muchin Rosenman LLP represented American General Life Insurance Co. in connection with its $150 million construction loan to Haynes and Boone LLP-counseled Simon Baron Development LLC for a Long Island City rental project, according to documents made public in New York on Tuesday.

  • January 10, 2017

    UK Watchdog Fines Insurer £150K For Failing To Secure Data

    The United Kingdom’s data protection regulator has slapped general insurance company Royal & Sun Alliance Insurance PLC with a £150,000 ($182,578) fine following the theft of a hard drive device containing the personal information of nearly 60,000 customers, the watchdog said Tuesday.

  • January 10, 2017

    Michigan Closes Med Mal Compensation Loophole

    As expected Michigan Gov. Rick Snyder signed into law a bill that closes a loophole allowing medical malpractice plaintiffs to sue for compensation for the charged amount of medical expenses rather than for what is actually paid out by insurance companies, the governor’s office said Tuesday.

  • January 10, 2017

    DC Circ. Urged To Revive CareFirst Data Breach Class Action

    A putative class of CareFirst BlueCross BlueShield policyholders on Tuesday urged the D.C. Circuit to revive their suit over a 2014 data breach targeting the health insurer's database, contending that the alleged injuries suffered by the plaintiffs established standing to sue.

  • January 10, 2017

    Newly Formed Runoff Insurance Co. Raises $510M In Funds

    An insurance and reinsurance company specializing in runoff insurance and backed by private equity shop Kelso & Co. and insurer Arch Capital Group Ltd. raised $510 million in initial capital, according to a Monday statement, allowing it to enter the market.

  • January 10, 2017

    Highmark Seeks To Pierce Veil, Recover $5M In Allcare IP Row

    Health insurer Highmark Inc. filed a lawsuit in Texas federal court Monday, telling the court that in order to recover its $5.2 million attorneys' fees award from Allcare Health Management Systems in a suit over an information management system patent, it must bring this new action against the company's principals.

  • January 10, 2017

    Broker Not Negligent In Copper Loss Dispute, 6th Circ. Told

    Cottingham & Butler Insurance Services Inc. urged the Sixth Circuit on Tuesday to uphold a lower court's ruling that it can't be held liable for failing to notify a trucking company that a new policy contained an exclusion for copper losses, asserting that insurance brokers have no such duty under Kentucky law.

  • January 10, 2017

    Sinkhole Insurers Can't Escape Brine Co.'s Claims

    A Louisiana federal judge has denied four insurance companies’ motions for dismissal in a suit arising from a massive sinkhole that opened near the underground operations of Texas Brine Co., saying Monday that the companies merely reheated arguments already rejected elsewhere.

  • January 10, 2017

    Puerto Rican Resort Facing $20.5M Drowning Death Suit

    The family of a man who died while snorkeling at a Hilton-operated Puerto Rican resort filed a $20.5 million suit against the company on Monday.

  • January 10, 2017

    Insurer Sued For Denying Golf Club Chemical Mess Coverage

    A Florida golf club owner and manager on Monday teed up a lawsuit in federal court claiming Lexington Insurance Co. wrongly denied coverage for an incident in which the potent herbicide RoundUp ended up in the club’s fertilizer tank, allegedly at the hands of vandals, and killed the entire course.

  • January 9, 2017

    Calif. Biz Group Backs Docs In Workers' Comp, Med Mal Row

    The California Chamber of Commerce recently filed a friend-of-the-court brief in a California Supreme Court case that will decide whether doctors appointed by workers' compensation review boards who make certain medical decisions can be sued for medical malpractice.

  • January 9, 2017

    Insurer Needn't Cover Pre-Tender Defense Costs: 11th Circ.

    The Eleventh Circuit ruled Monday that Travelers Property Casualty Co. doesn't have to cover defense costs that an online custom embroidery company incurred in an underlying copyright infringement suit prior to notifying the insurer, finding that Travelers did not violate Florida's Claims Administration Statute.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

  • January 9, 2017

    Insurer, Gym Resolve Coverage Row Over Nude Taping Suits

    A North Carolina federal judge on Monday dismissed Scottsdale Insurance Co.'s coverage dispute with a gym regarding two lawsuits over its former employee's alleged videotaping of female patrons undressing in a tanning bed after the parties informed the court of a settlement in the underlying actions last week. 

  • January 9, 2017

    Policy Doesn't Cover Octopus Mislabeling Suit, Insurer Says

    National Fire Insurance Co. of Hartford on Monday asked a Florida federal judge to rule that it doesn't have to cover a seafood importer's costs to defend a putative class action alleging it falsely advertised jumbo squid as octopus, arguing the underlying action doesn't claim any potentially covered damages.

  • January 9, 2017

    NJ Pair Indicted In $6.6M Health Care Benefits Fraud Scheme

    A former union official and an insurance broker have been indicted on conspiracy charges related to a scheme to defraud Horizon Blue Cross Blue Shield and the union's self-insured health care plan out of a combined $6.6 million for medical benefits claims, the U.S. attorney for New Jersey announced Monday.

  • January 9, 2017

    5th Circ. Asked To End Block Of Transgender Bathroom Rule

    The U.S. government on Friday asked the Fifth Circuit to overturn an injunction blocking an Obama administration rule incorporating gender identity discrimination as part of sex discrimination under Title IX, calling the injunction overbroad and unnecessary.

  • January 9, 2017

    Future Of Wellness Program Regs Murky After Block Denied

    New Equal Employment Opportunity Commission rules setting parameters for employer-sponsored wellness programs took effect Jan. 1, days after surviving a preliminary injunction request rooted in worries they threaten worker privacy. The rules’ long-term future, however, remains in doubt, as the judge left the door open for a permanent injunction down the road based on the rules' “complex interaction” with various federal laws.

Expert Analysis

  • EPA Is All In On Mine Bonding

    Stephanie M. Regenold

    A new proposed rule from the U.S. Environmental Protection Agency would create a program for the hardrock mining industry imposing additional financial responsibility requirements above and beyond the existing bonding regimes. It would likely result in a significant shift in the respective roles of state and federal agencies as well as introduce significantly higher operating costs, say Stephanie Regenold and Cameron Leonard of Perkins Coie LLP.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • Recent InsurTech Obstacles And Their Potential Solutions

    Shawn Hanson

    Washington's insurance commissioner recently ordered Zenefits to cease providing free access to software, raising questions concerning whether insurance producers can provide noninsurance services for free. Companies facing similar issues can consider charging fees for their services or exploring less conventional options, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • Fund Liquidation Insurance: A Few Points To Consider

    Neil A. Torpey

    Some private equity and similar investment funds are using fund liquidation insurance rather than holdbacks during windups to cover back-end risks and to enable the efficient distribution of a fund’s proceeds to investors. Attorneys with Paul Hastings LLP offer a primer on such policies and some alternatives.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • San Antonio Hail Suit Standing Orders: Here We Go Again!

    Steven J. Badger

    As drafted, Bexar County's standing orders are an early Christmas gift to Texas hail lawyers, encouraging the signing-up of even meritless cases and pushing matters to early bulk settlements. The courts should invite established practitioners to draft orders that are fair and balanced to all litigants, say Steven Badger and Summer Frederick of Zelle LLP.

  • A Conservative High Court's Ripple Effect On Women's Health

    Maya Shulman

    If the new Republican Party regime pushes the U.S. Supreme Court further to the right, we’ll see even fewer surrogacy and fertility procedures performed domestically as the tightening of abortion laws reduces the number of U.S. doctors available and willing to perform such procedures. It’s one of the most blatant areas in which our laws are only becoming further out of sync with our needs, says Maya Shulman of Shulman Family Law Group.