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Insurance

  • July 13, 2018

    Ex-Carchex Employees Granted Cert. In Overtime Suit

    Former employees of auto warranty provider Carchex on Friday won certification for a class of vehicle protection specialists who allege that their employer denied them overtime wages, with a Maryland federal judge finding that questions of Carchex's liability for overtime pay are common to each current and former specialist.

  • July 13, 2018

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

    The last week has seen dozens of pension funds and other major institutional investors sue HSBC, the leadership of prestigious U.K. schools take on Scottish Widows and a dispute between two foreign exchange firms. Here, Law360 looks at those and other new claims in the U.K.

  • July 13, 2018

    6th Circ. Puts Travelers On Hook For Co.'s Email Fraud Loss

    The Sixth Circuit on Friday reversed a lower court’s decision and ruled Travelers must cover more than $800,000 that a tool manufacturer lost when thieves posing as a vendor used fraudulent emails to deceive the company into wiring money to a sham bank account, saying the loss directly resulted from computer fraud as required by the insurer's policy.

  • July 13, 2018

    CrossFit Foe Fights Insurer's Escape Bid In False Ad Suit

    The National Strength and Conditioning Association has hit back against a suit by its insurer that seeks to dodge coverage for an underlying false advertising suit brought by CrossFit Inc., calling National Casualty Co.’s suit a “shocking breach of duty” and asking that it be tossed.

  • July 13, 2018

    9th Circ. Nixes State Farm Credit Report Suit Under Spokeo

    The Ninth Circuit on Friday agreed with a lower court that a job applicant who was denied employment at State Farm can't sue the insurer for violations of the Fair Credit Reporting Act, finding that he lacks standing under the high court's Spokeo ruling because he can't show he was concretely harmed by the alleged violations.

  • July 13, 2018

    New York Life Loans $97M For Manhattan Office Property

    A real estate arm of New York Life Insurance Co. has provided $97 million in financing to a joint venture of William Kaufman Organization and Sage Realty for a Manhattan office property, according to an announcement from New York Life on Friday.

  • July 13, 2018

    NJ's McElroy Deutsch Co-Founder Dies At 71

    McElroy Deutsch Mulvaney & Carpenter LLP co-founder James M. Mulvaney, who helped grow his two-man operation in Morristown, New Jersey, to 300 attorneys spanning offices in nine states, has died at the age of 71.

  • July 12, 2018

    NJ Justices Will Review Dealership Liability In Fatal Crash

    New Jersey’s top court will take up a coverage dispute brought by the estate of a man killed by a drunk driver seeking to hold a BMW dealership and its insurance carrier liable for his injuries, according to a Wednesday order granting certification.

  • July 12, 2018

    Insurer Escapes Defending Okla. Co. In Ruined Mural Suit

    A commercial property owner’s decision to paint over an artist’s mural on its building is not an accidental occurrence under its liability policy with United Specialty Insurance Co., so the company is not entitled to coverage for a suit filed by the piqued painter, an Oklahoma federal judge ruled Thursday.

  • July 12, 2018

    Deals Rumor Mill: La Poste, CVS-Aetna, Linde-Praxair

    La Poste reportedly wants to buy a stake in CNP Assurances, CVS and Aetna could move forward with their deal without antitrust regulators’ intervention, and the European Commission is set to approve Linde and Praxair’s deal to create an industrial gas giant.

  • July 12, 2018

    Drug Wholesaler Not Covered For DEA Action Over Opioids

    An Ohio federal judge ruled Wednesday Navigators Insurance Co. doesn’t have to cover wholesaler Miami-Luken Inc.’s costs to defend against a Drug Enforcement Administration action alleging it oversupplied opioids to pharmacies, citing a policy provision barring coverage for claims arising from the same facts as a prior suit over Miami-Luken’s drug distribution.

  • July 12, 2018

    Insurers' New York Pfizer Coverage Suit Bites The Dust

    A New York federal judge on Wednesday declined to take jurisdiction over a massive insurance coverage fight in which Pfizer Inc. wants help with a $400 million settlement of shareholder claims over the withdrawn-from-the-market painkiller Bextra and other drugs, citing Pfizer's competing suit in Delaware filed just hours before this one.

  • July 12, 2018

    Novo Nordisk Beats ERISA Suit With Anti-Assignment Clause

    A New Jersey federal judge ruled that a Novo Nordisk Inc. health plan could invoke a provision barring a plan participant from giving his right to recover benefits to a spine and orthopedic surgical center, holding that Third Circuit precedent said such agreements were enforceable.

  • July 12, 2018

    Willis Towers Watson Ducks Investors' $18B Merger Suit

    A Virginia federal judge on Wednesday booted a putative investor class action that sought to pin Towers Watson & Co. and Willis Group over their $18 billion merger that formed Willis Towers Watson PLC, which investors said undervalued Towers Watson and overcompensated the new CEO, finding the claims were too late.

  • July 11, 2018

    Kavanaugh Splurged On Baseball Tix, Reports Say

    D.C. Circuit Judge Brett Kavanaugh racked up steep credit card debt in 2016 to pay for Washington Nationals tickets, according to Wednesday news reports and disclosures by the U.S. Supreme Court nominee that also show he coaches kids’ basketball and contributed to a law book without pay.

  • July 11, 2018

    Dialysis Co. To Pay UnitedHealth $32M To End Fraud Suit

    UnitedHealth Group Inc. has agreed to drop fraud accusations against Massachusetts-based American Renal Associates LLC in exchange for $32 million and discounted dialysis services for its customers, bringing ARA’s tab to at least $36 million to end lawsuits surrounding an alleged overbilling scheme.

  • July 11, 2018

    FisherBroyles Adds Litigators in Florida, Philadelphia

    FisherBroyles LLP on Wednesday announced the addition of a pair of litigators in its offices in Naples, Florida, and Philadelphia who bring experience in a variety of areas.

  • July 11, 2018

    4 Kavanaugh Arguments You Gotta Hear

    President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.

  • July 11, 2018

    3rd Circ. Backs Atty’s Conviction Over Fake Insurance Sales

    A Third Circuit panel on Tuesday upheld a former Pennsylvania attorney’s conviction for misrepresenting herself as an authorized agent of a Texas-based title insurance company and selling clients invalid policies.

  • July 11, 2018

    Ex-NY Senate Head Denies Extortion In Final Plea To Jury

    An attorney for former New York State Senate Majority Leader Dean Skelos on Wednesday made his final pitch to jurors in the corruption retrial accusing the Long Island Republican and his son of leveraging political power to extort companies, saying there’s no crime in the senator asking for assistance for his son.

Expert Analysis

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Texas Hail Bill Is Already Affecting Insurance Litigation

    Christopher Avery

    Because Chapter 542A of the Texas Insurance Code, commonly known as the Hail Bill, does not apply retroactively, only a handful of cases have interpreted it. However, these decisions show that so far, the Hail Bill is requiring proper notice to claimants exactly as the Texas Legislature intended, says Christopher Avery of Thompson Coe Cousins & Irons LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • 'Disgorgement' Payments May Be Insurable In NY

    James Westerlind

    New York generally prohibits the insurability of awards against insureds that represent the disgorgement of ill-gotten gains. However, if an insured can show that the disgorgement represents profits realized by other third parties, then directors and officers insurance could possibly provide coverage, say James Westerlind and Christopher Koenig of Arent Fox LLP.

  • Renovation Exceptions Can Complicate Vacancy Exclusions

    Walter Cardwell IV

    Before relying on vacancy exclusions, Texas insurers should identify and investigate the scope of potential activities that might trigger a renovations exception, which could lead to a prolonged dispute, says Walter Cardwell IV of Zelle LLP.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.