Insurance

  • May 23, 2018

    Clothing Supplier Seeks Coverage For Walmart's $5M IP Feud

    A Walmart clothing supplier on Tuesday urged a California federal court to force its insurer to pony up more than $5.2 million in costs stemming from a trademark dispute in which Walmart was involved, saying the "advertising injury" portion of its policy extends to Walmart's advertising of merchandise it supplied.

  • May 23, 2018

    Allstate Inks $6.5M Deal To End Calif. Junk Fax Class Action

    A California federal judge said Wednesday he'll grant preliminary approval to a $6.5 million class action settlement ending claims alleging Allstate Insurance Co. unlawfully sent junk faxes to thousands of Golden State residents soliciting customers for car insurance.

  • May 23, 2018

    House Panel Weighs Self-Driving Cars' Effect On Insurance

    A U.S. House panel discussed Wednesday the ways the insurance industry will adapt to widespread acceptance of autonomous vehicles, considering questions about data access, liability and cybersecurity.

  • May 23, 2018

    5 Key Rules In The ALI's Liability Insurance Guidelines

    The American Law Institute's vote Tuesday approving the final draft of its liability insurance rules gives courts a raft of guidance on how to decide a host of critical issues, including when policies are triggered and how coverage should be divvied up for claims spanning multiple years and policies. Here, Law360 looks at the Restatement's guidelines on five commonly litigated insurance issues. 

  • May 23, 2018

    Biosimilars Imperiled By Big Drug Rebates, FDA Chief Warns

    The fledgling industry of lower-cost biosimilars is increasingly imperiled by hefty rebates that are attached to higher-cost biologics in exchange for preferential insurance coverage, the U.S. Food and Drug Administration’s leader said Wednesday.

  • May 23, 2018

    Ex-State Street VP Wants Gov't Agreement Nixed From Trial

    Former State Street Corp. Vice President Ross McLellan asked a Massachusetts federal judge Tuesday to exclude the company’s deferred prosecution agreement from his trial, saying the corporate guilty plea was too prejudicial to be used as evidence that he swindled clients.

  • May 23, 2018

    Jamba Juice Operator Wants Coverage For Sex Assault Case

    Jamba Juice operator Whirl Colorado LLC sued insurer Houston Casualty Co. in California federal court on Tuesday over the “offensive” refusal to resolve “very dangerous claims” stemming from a store manager’s sexual assault of one of his workers.

  • May 23, 2018

    Empire Blue Cross Gets Early Win In Suit Over Botox Denial

    Empire Blue Cross Blue Shield slipped an Employee Retirement Income Security Act suit Tuesday claiming it wrongfully refused to cover allegedly experimental Botox treatments for a beneficiary’s gastric disease, according to a New York federal judge’s order finding the denial was proper under the terms of the woman’s health plan.

  • May 23, 2018

    Warren Pumps Can't Get Interest In Asbestos Coverage Battle

    A Delaware state judge on Wednesday declined to award industrial pump manufacturer Warren Pumps LLC prejudgment interest against several excess insurers in a dispute over asbestos injury coverage without a court or jury finding on damages.

  • May 22, 2018

    Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

    Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops.

  • May 22, 2018

    Ex-Allstate Workers Beat Time Bar Challenge In Benefits Row

    A Pennsylvania federal judge tolled the statute of limitations Tuesday for state-law claims brought by former Allstate Insurance Co. employees, denying the insurer a partial early win in a suit alleging they lost retirement benefits when Allstate forced the workers to become contractors or face termination.

  • May 22, 2018

    TRW Auto Challenges Retiree Benefits Award At 6th Circ.

    The U.S. arm of TRW Automotive Holdings Corp. urged the Sixth Circuit on Monday to reject an arbitrator’s award of free health care for life to retirees, arguing that nothing in the automotive company’s collective bargaining agreement with its union staff entitled retirees to that level of benefits.

  • May 22, 2018

    Atty Overbilling Suit Not Covered By Insurance: 10th Circ.

    The Tenth Circuit declined to revive a dispute between a Colorado foreclosure attorney and his insurance company, ruling that the lower court was right to find the company did not have to defend the lawyer from a class action over alleged overbilling.

  • May 22, 2018

    Allstate Takes Kia Trademark Battle To 9th Circ.

    Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.”

  • May 22, 2018

    Express Scripts Beats Investor Suit Over Anthem Disclosures

    Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares.

  • May 22, 2018

    9th Circ. Urged To Keep ACA Birth Control Rules Blocked

    The states of California, Delaware, Maryland, New York and Virginia told the Ninth Circuit on Monday that a California federal judge was right to block Trump administration rules letting employers forgo covering birth control under the Affordable Care Act by claiming moral or religious opposition to its use.

  • May 22, 2018

    Swiss Insurer Counters IRS Use Of Treaty Test In $38.2M Row

    A Swiss insurer fighting for a $38.2 million tax refund under a treaty with the U.S. told the D.C. Circuit on Monday that the IRS is butchering the meaning of the words in a test used to confer treaty benefits.

  • May 22, 2018

    Olin, Insurer Ask Rakoff To Explain Ruling On $130M Award

    Lamorak Insurance Co. and Olin Corp. are haggling over the meaning of a ruling last month that directed the insurer to pay the chemical producer $130 million to cover clean-up costs at contaminated sites, with both parties asking the court what exactly it meant by “final order.”

  • May 22, 2018

    ALI Gives Final OK On Liability Insurance Guidelines

    The American Law Institute on Tuesday approved a final draft of guidelines designed to help courts navigate liability insurance cases, bringing the oft-controversial eight-year-old project to a close.

  • May 22, 2018

    Atty In Pella Window Suit Seeks $1.5M Fees After Deal Hike

    The attorney who represented an objector to a settlement in a class action accusing Pella Corp. of making windows that leak and cause rot asked an Illinois federal court Monday to approve $1.5 million in attorneys' fees for his work on the appeal he claims resulted in a $15 million increase to land the consumers $25.75 million.

Expert Analysis

  • Rebuttal

    Insurer Bad Faith Is A Reality That Dispels All Myth

    Joan Cotkin

    A recent Law360 guest article claimed that it is extremely difficult to prove that an insurer acted in bad faith, challenging readers to check any state's definition of the term. However, if insurers want to avoid substantial exposure to tort damages, they must realize that bad faith is no mere myth, say Joan Cotkin and Steven Knott of Nossaman LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • HUD Stance On Insurers’ Disparate Impact Liability May Shift

    Robert Helfand

    On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • Opinion

    ALI Restatement Should Not Reflect Aspirational Proposals

    Laura Foggan

    When the American Law Institute meets next week to consider whether to approve its Restatement of the Law on Liability Insurance, it should take note of provisions such as Section 12(1), which would embroil the ALI in policy questions that are far afield from its mission in publishing restatements of the law, says Laura Foggan of Crowell & Moring LLP.

  • Back To The Future: The Insurance Industry And Tax Reform

    Kristan Rizzolo

    During the past century, Congress has overhauled insurance-specific provisions of the Internal Revenue Code, flipping the tax treatment of key provisions several times. By passing the TCJA, Congress has made significant changes once again, say Kristan Rizzolo and Susan Seabrook of Eversheds Sutherland LLP.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

    Jonathan Viner

    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.