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Insurance

  • January 18, 2019

    Ala. Woman Says Disability Arbitration In London A No-Go

    A disabled Alabama woman on Wednesday urged a federal judge not to force her to arbitrate her dispute with Generali Worldwide Insurance Company Ltd. over disability benefits thousands of miles away in London — slamming the agreement as both procedurally and substantively unconscionable, and therefore unenforceable.

  • January 18, 2019

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

    The last week has seen former Rabobank trader Anthony Conti sue his old employer, ArcelorMittal take Essar’s investment manager to court months after acquiring its steel business, and the managing director of AlixPartners sue a prominent Irish businessman and a British property tycoon. Here, Law360 looks at those and other new claims in the U.K.

  • January 18, 2019

    Driver Slams State Farm's Bid To Toss Fla. PIP Statute Suit

    A woman challenging a Florida law allowing insurers to deny personal injury protection claims for people injured in car crashes who don’t seek treatment within 14 days told a Florida federal judge Friday that State Farm can’t escape her putative class suit, arguing that an order in a related state court case doesn't preclude her claims.

  • January 18, 2019

    UnitedHealth Sues Generic-Drug Makers For Price-Fixing

    Health insurance giant United HealthCare Services Inc. has slapped a host of generic-drug makers with a sprawling lawsuit in Minnesota federal court alleging they conspired to hike prices on a range of medications and saying “collusion in the generic pharmaceutical industry is well established at this point.”

  • January 18, 2019

    Texas Justices Take Up 2 Post-Menchaca Coverage Battles

    The Texas Supreme Court on Friday announced it would hear oral arguments in two insurance disputes involving State Farm Lloyds, both of which concern whether policyholders are entitled to statutory damages on top of their initial benefits awards.

  • January 18, 2019

    NY Court Widens Path For 'Consequential Damage' Claims

    A New York appeals court has eased the standard for policyholders to maintain claims for “consequential damages” allegedly caused by a recalcitrant insurer’s conduct, reviving on Thursday a Manhattan apartment building owner’s bid to recover such damages from an AIG unit.  

  • January 18, 2019

    Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

    The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan.

  • January 18, 2019

    UK's Co-Op Inks £185M Sale Of Insurance Underwriting Biz

    The Co-operative Group Ltd., a U.K. organization that owns multiple consumer-focused businesses, has agreed to sell its insurance underwriting unit to insurances services company Markerstudy Group of Cos. in a deal worth £185 million ($238 million), the companies said Friday.

  • January 18, 2019

    Mondelez's $100M Fight With Zurich May Curb Hack Coverage

    Mondelez International Inc. is battling Zurich American Insurance Co. over coverage for $100 million in losses the snack food giant suffered in a 2017 cyberattack that the U.S. and its allies blamed on Russia, and experts say a ruling permitting the insurer to invoke a war exclusion to deny the claim could leave companies uninsured for similar hacks.

  • January 17, 2019

    Insurer Says $1.5M Arbitration Award Over Stolen Info Sound

    American Income Life Insurance Co. asked a Texas federal court on Wednesday to confirm a $1.54 million arbitration award it won against a former agent after he allegedly took confidential information after leaving the company, saying the arguments in his appeal were already dismissed by the arbitrator.

  • January 17, 2019

    'Dark Overlord' Hack Another Cautionary Tale For Law Firms

    A hacking group calling itself "The Dark Overlord" has released a cache of confidential files it says it stole from a law firm involved in litigation stemming from the 9/11 attacks, and is now offering more sensitive documents to the highest bidder in the latest frightening example of how the legal industry is a prime target for cyberattacks.

  • January 17, 2019

    Del. Justices OK Spinoff's Escape Of Enviro Co.'s $1.6M Suit

    The Delaware Supreme Court ruled Thursday that the Chancery Court correctly tossed a $1.6 million insurance liability suit brought by environmental cleanup firm US Ecology Inc. against the buyer of its spun-off subsidiary, agreeing the sale contract didn't include repayment obligations for noncovered insurance costs.

  • January 17, 2019

    Liberty's Win In Crash Suit Was Legit, NJ Panel Says

    A New Jersey appeals court ruled Thursday that there is no reason to disturb a jury’s verdict that Liberty Insurance Corp. is not liable to a customer who claimed he had ongoing injuries from a crash with an underinsured motorist.

  • January 17, 2019

    Retirees' Deal With PPG Nets $7.7M, Health Benefits For 7 Yrs.

    PPG Industries Inc. will pay a class of retirees $7.65 million and ensure them health benefits through 2025 to settle allegations that the paint and chemical company wrongly cut off promised lifetime health benefits, the retirees told an Ohio federal court Thursday.

  • January 17, 2019

    Atty Who Quit DOJ Over ACA Surrender Joins King & Spalding

    A veteran litigator who quit the U.S. Department of Justice over its refusal to defend the Affordable Care Act against a grave legal challenge has joined King & Spalding LLP, where he will focus on health care litigation, the firm announced.

  • January 17, 2019

    1st Circ. Upholds $3M Award For Plumbers Benefit Fund

    The First Circuit upheld a district court ruling that Scottsdale Insurance Co. must pay $3 million to a Rhode Island plumbers pension fund to satisfy a ruling against a real estate investment fund insured by Scottsdale for allegedly mismanaging the pension fund's investments, saying Wednesday that exclusions in the company's policy do not exempt it from coverage.

  • January 17, 2019

    Insurance Tax Due In Policyholder's Country, EU Court Says

    Insurance to cover risks from a cross-border corporate takeover should be taxed in the country where the policyholder is based, rather than where the target company is, the European Union’s highest court ruled Thursday.

  • January 16, 2019

    Expect More Suits Over Appraiser Bias, Colo. High Court Told

    During oral arguments before the Colorado Supreme Court in a lawsuit over an allegedly biased insurance appraiser Wednesday, attorneys for both Owners Insurance Company and the condominium association it is fighting said that ruling against their side would spur a wave of litigation over similar bias claims.

  • January 16, 2019

    Pa. Faces Suit Over Medicaid-Funded Abortion Ban

    A group of women’s health care providers has argued that a Pennsylvania statute largely banning Medicaid dollars from covering abortions should be struck down as a violation of equal protection rights under the state constitution.

  • January 16, 2019

    Spinoff Liable For $1.6M Tab, Enviro Firm Tells Del. Justices

    Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.

Expert Analysis

  • Opinion

    Legal Finance Can Benefit Insurance Coverage Disputes

    Andrew Lundberg

    Legal finance remains underutilized in the insurance space, but can be a transformative instrument for policyholders that allows for the aggressive pursuit of recovery on valid claims while reducing risk, improving accounting treatment and maximizing settlements and awards, says Andrew Lundberg of Burford Capital LLC.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • 5 Fraud Insurance Decisions Sure To Shape 2019

    Patricia Carreiro

    Last year, the circuit split on computer fraud insurance coverage continued, with courts slightly favoring coverage for phishing scams, but oversimplifying those decisions into a simple coverage versus no-coverage distinction would be a mistake, says Patricia Carreiro of Axinn Veltrop & Harkrider LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From NJ Bulletin On Out-Of-Network Health Care

    Cynthia Borrelli

    The New Jersey Department of Banking and Insurance has released a bulletin clarifying its law designed to protect consumers from "hidden" out-of-network health providers, but many questions still remain, say Cynthia Borrelli and Michael Morris of Bressler Amery & Ross PC.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.