Insurance

  • January 9, 2018

    Calif. Farmers Insurance Inspectors Near Cert. In OT Row

    A California magistrate judge said Tuesday that she’s inclined to certify a collective action on behalf of 65 California Farmers Insurance claims investigators who claim they are misclassified as exempt from overtime and denied meal breaks, finding they all share the same primary job duty of investigating fraudulent claims.

  • January 9, 2018

    Ace Looks To Nix Coverage For $8M Grubhub Ad Texting Deal

    Ace American Insurance Co. asked a New York federal court Monday to toss a suit that seeks to force the insurer to foot the bill for an $8 million settlement between Grubhub and a proposed class of consumers suing over mass texts, saying two exclusions apply to bar coverage.

  • January 9, 2018

    5th Circ. Says Maritime Law Doesn't Apply In Well Injury Row

    An en banc Fifth Circuit on Monday reversed a panel ruling that maritime law applied to a dispute over an injury incurred during work on an offshore gas well, allowing a contractor and its insurer to escape indemnity for the accident under Louisiana state law.

  • January 8, 2018

    Insurer Says Primary Provider Must Cover Negligence Suit

    Excess insurer Sussex Insurance Co. has hit primary insurer National Trust Insurance Co. with a suit in Texas federal court to force the latter to cover the defense of a metal panel contractor facing negligence claims over its work on a construction project.

  • January 8, 2018

    Health Care Co.'s Insurer Hit With $13.5M Bad Faith Award

    Homeland Insurance Co. of New York acted in bad faith by disputing coverage of litigation accusing policyholder CorVel Corp. of improperly discounting medical services payments without providing adequate notice to providers, a Delaware judge ruled Friday, ordering the insurer to pay CorVel $13.5 million in damages and penalties.

  • January 8, 2018

    Faulty Work Award Not Covered, Excess Insurer Tells 5th Circ.

    Excess insurer U.S. Fire Insurance Co. on Friday urged the Fifth Circuit to affirm that it doesn't have to cover any part of an $8 million award against Satterfield & Pontikes Construction Co. over faulty work at a courthouse, saying subcontractors have already paid S&P for the portions of the award that are covered by insurance.

  • January 8, 2018

    Houston Firm Wright & Close Adds New Name Partner

    Houston-based appellate and civil litigation law firm Wright & Close LLP announced Monday that it has changed its name and will now be known as Wright Close & Barger LLP with the promotion of Jessica Zavadil Barger to name partner.

  • January 8, 2018

    DC Circ. Judge Questions If Black Lung Case Ready For Court

    At least one D.C. Circuit judge on Monday seemed unlikely to allow Arch Coal Inc. to challenge a U.S. Department of Labor bulletin on black lung claim liability, rebuking the company's assertions that the bulletin counts as a final rule over which federal courts have jurisdiction.

  • January 8, 2018

    Calif. Court Tosses Suit Over Untouchable Settlement Annuity

    A California appellate court declined Friday to revive claims by a deceased patient's father that a settlement agreement after her death should not have allocated funds to purchase an annuity that would never be paid out.

  • January 8, 2018

    Clyde & Co Expands Insurance Practice With Hinshaw Team

    London-based Clyde & Co LLP continued to expand its U.S. insurance practice with the announcement last week that it has added a pair of Hinshaw & Culbertson LLP partners and their team to its Miami office.

  • January 5, 2018

    PPG Retirees Get Cert., Prodding From Judge In 12-Year Suit

    An Ohio federal judge on Friday certified a class of PPG Industries Inc. retirees who accuse the company of rolling back lifetime health benefits that had been promised in a series of union contracts, but also advised the parties to the 12-year-old suit to get things moving.

  • January 5, 2018

    Lydecker Diaz, Ex-Client Spar Over Failed $12M Loan

    Miami-based Lydecker Diaz LLC traded lawsuits with an insurance company that claims the law firm steered it toward a $12 million loan offered by a fraudulent lender, while the firm says it wasn't responsible for due diligence on the transaction.

  • January 5, 2018

    Thermo Fisher, Phadia To Exit Allergy Test Antitrust Suit

    A remote allergy service provider has agreed to drop antitrust claims against Phadia US Inc. and Thermo Fisher Scientific Inc. in a suit alleging Phadia partook in a conspiracy to restrict allergy testing, about two months before a scheduled trial, according to dismissal papers filed in Texas federal court on Friday.

  • January 5, 2018

    Brand Battles: BuzzFeed's 'Wordy Wine' Hits Trademark Snag

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, BuzzFeed faces a "worthy" opponent over its new "Wordy Wine" brand, two Major League Baseball clubs team up over the letter "W," and the U.S. Department of Homeland Security claims a private insurer is mimicking the logo for a federal flood insurance program.

  • January 5, 2018

    Insurer Says It Had No Duty To Defend Yahoo In Email Suits

    An American International Group Inc. subsidiary told a California federal court on Thursday that it had no duty to defend or indemnify Yahoo Inc. in class actions accusing it of scanning certain emails, arguing the internet giant's policies don't cover such broad claims.

  • January 5, 2018

    Split 4th Circ. Revives Equal Pay Suit Against Md. Agency

    A split Fourth Circuit panel on Friday tossed a quick win given to a state agency that regulates Maryland's insurance industry in a U.S. Equal Employment Opportunity Commission suit claiming it paid female fraud investigators less than men.

  • January 5, 2018

    Well Owner Must Cover Hercules In Drilling Blowout Suit

    A Texas federal judge on Thursday ruled that the owner of an offshore gas drilling platform is required to indemnify drilling contractor Hercules Offshore Inc. for claims brought by two other contractors alleging it was responsible for a fire on the platform.

  • January 5, 2018

    Time-Share Owners Say Fla. County Can't Escape Marriott Suit

    Time-share purchasers alleging Marriott Ownership Resorts Inc. and its insurer duped them into invalid real estate deals urged a Florida federal judge on Thursday not to dismiss Orange County, Florida, from their suit, arguing it breached its official duties by improperly recording trust instruments and collecting taxes.

  • January 5, 2018

    Statoil Drops Out Of Suit Against Oil Rig Engineering Cos.

    A Statoil unit on Thursday dropped out of a Texas federal lawsuit over a failed Chevron oil rig after several of the companies that designed it were able to shrug off some claims last summer, a move that comes as the insurance companies that underwrote the project took a first step toward appealing that decision.

  • January 5, 2018

    GEICO Customers Seek Class Cert. In Car Tax Payment Suit

    Litigation against the GEICO insurance company for failing to pay for sales tax and transfer fees when vehicles are totaled should proceed as a class action, attorneys for a car accident victim argued in a motion filed in a Florida federal court Thursday.

Expert Analysis

  • 5 Things To Watch For In FCPA Enforcement This Year

    David Simon

    After much hand-wringing in 2017 about whether Foreign Corrupt Practices Act enforcement would diminish radically under President Donald Trump, it’s now safe to say that all signs point toward continued and vigorous enforcement, say attorneys with Foley & Lardner LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Opinion

    Use The Right Antitrust Lens And Stop Eyeglass Merger

    David Balto

    The Essilor-Luxottica eyewear merger presents anti-competitive concerns that are similar to — if not exceeding — those alleged in AT&T-Time Warner. The transaction takes place in an industry where competitive problems already exist. This merger is a good case to challenge in court, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • 3 Takeaways Squeezed Out Of Juicer's Insurance Battle

    Walter Andrews

    Last month, a Washington district court rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice maker Tree Top Inc. Companies dealing with toxic or environmental claims can distill at least three important lessons from this case, say attorneys with Hunton & Williams LLP.

  • A Look Back At Texas Insurance Law In 2017

    Jennifer Gibbs

    2017 was a busy year for insurance practitioners, legislators and jurists in Texas, bringing a number of long-awaited Texas Supreme Court opinions, a few notable opinions from the Fifth Circuit and the introduction and passage of legislation aimed at minimizing abuses in weather-related claim and litigation matters, says Jennifer Gibbs of Zelle LLP.

  • The 10 Most Significant Insurance Coverage Decisions Of 2017

    Randy Maniloff

    For the 17th consecutive year, Randy Maniloff of White and Williams LLP takes a look at this year's most notable insurance coverage decisions, based primarily on the cases' potential to influence other courts nationally, and discusses the potential impacts of these important cases.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    40 Years Of FCPA

    FCPA

    ​Dec. 19 marked the 40th anniversary of the Foreign Corrupt Practices Act. Catch up on this series featuring reflections from attorneys who have played a role in the evolution of FCPA enforcement, defense and compliance.​

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.