• April 20, 2017

    CBCA Backs $4M FEMA Clawback From Superdome Grant

    The Civilian Board of Contract Appeals on Wednesday upheld a decision by the Federal Emergency Management Agency to “deobligate” $4 million in grant funds awarded to Louisiana for Hurricane Katrina-related repairs to the New Orleans Superdome, finding that the grant was a duplicate of a related legal settlement.

  • April 20, 2017

    Lloyd's Underwriters Want Arbitral Coverage Suit Nixed

    Less than a week after a Texas federal judge unblocked arbitration between a group of Lloyd's of London underwriters and a Connecticut insurer fighting over covering an offshore drilling platform injury, the Lloyd's underwriters sought the next logical step with a motion Wednesday seeking to toss the suit outright.

  • April 19, 2017

    Farmers Agents Denied New Trial Over Bad-Contract Claims

    A California judge on Wednesday rejected a bid by Farmers Insurance Exchange agents to retry their claims that a “no cause” termination provision and other elements of their employment contracts are illegal, saying he'd correctly ruled after a bench trial that the agents' professional association couldn’t sue over individual members’ concerns.

  • April 19, 2017

    Fla. Court Retroactively Applies Allstate PIP Decision

    A Florida appeals court on Wednesday retroactively applied a state Supreme Court decision over Allstate Insurance Co.'s personal injury protection policy language on Medicare fee schedules, quashing a lower court's ruling and handing the insurer a win.

  • April 19, 2017

    Casino Cabinet IP Suit Not Covered In Policy, Insurer Says

    Acuity Insurance Co. on Wednesday asked a Michigan federal court to rule it does not have to indemnify a manufacturer of casino game cabinets in a competitor's patent infringement lawsuit, arguing the underlying suit didn't include a potentially covered claim for trade dress infringement in the insured's advertising.

  • April 19, 2017

    Fed. Claims Court Tosses Blue Cross' Bid For ACA Money

    The U.S. Court of Federal Claims on Tuesday threw out Blue Cross and Blue Shield of North Carolina’s lawsuit seeking about $130 million in payments under the Affordable Care Act’s risk corridors program, finding the ACA doesn’t set a deadline for the government to make full payments.

  • April 19, 2017

    Starr Wants 'Quick Peek' Review Of Docs In $38M Tax Row

    Swiss insurer Starr International Co. Inc. is seeking “quick peek discovery" in multimillion-dollar tax litigation against the U.S. after the government attached an internal IRS email to a legal filing, telling a D.C. federal judge the U.S. Department of Justice shouldn't be allowed to “cherry pick” documents to support its defense.

  • April 19, 2017

    Defense Costs Not Held To Reinsurer's Cap, NY Justices Told

    Century Indemnity Co. has asked New York's highest court to rule that Global Reinsurance Corp. of America must cover Century's costs to defend Caterpillar in asbestos litigation beyond the reinsurer's total liability cap, asserting that a prior decision by the court does not compel a conclusion that the cap includes both indemnity and defense costs.

  • April 19, 2017

    Florida House Passes Workers' Comp Reform Bill

    The Florida House of Representatives on Wednesday passed a workers' compensation reform bill that would codify a pair of state high court rulings striking down parts of the current law, in an effort to stem the rate increases caused by the rulings.

  • April 19, 2017

    Insurers Look To Dodge Superstorm Sandy Coverage

    QBE Insurance sought a quick exit Tuesday from a suit brought over a Jersey City condominium damaged during 2012’s Superstorm Sandy, saying the condo association’s claim that flood damage is caused by water pressure stretches the policy language past its limit.

  • April 19, 2017

    Insurers Hit American Realty With Stock-Drop Suit

    After an infamous earnings restatement and charges against two former executives, American Realty Capital Properties Inc. was sued Tuesday in New York federal court by three insurance companies that say their $60 million investment tanked following the disaster.

  • April 19, 2017

    Texas Court Won't Revive $900K Trade Secrets Damages

    A Texas appellate court on Tuesday affirmed a trial judge’s decision to wipe out a jury’s $900,000 damages award to a life settlement firm in a trade secrets dispute with one of its former sales representatives, holding the firm didn’t show evidence establishing its damages.

  • April 18, 2017

    Jury Awards First Financial $1.2M In Poaching Row

    A San Jose, California, jury awarded $1.2 million in damages to life insurance and financial services marketing firm First Financial Security Inc. on Tuesday, finding its rival Freedom Equity Group LLC induced a breach of contract by hiring away 1,400 lower-level sales contractors.

  • April 18, 2017

    Home Inspection Didn't Cause Damage, 11th Circ. Says

    The Eleventh Circuit on Monday affirmed that Auto-Owners Insurance Co. doesn't have to defend or indemnify home inspector Ralph Gage Contracting Inc. in litigation over an allegedly insufficient inspection, holding that no coverage exists because the insured's purported negligence didn't cause any covered property damage.

  • April 18, 2017

    Insurers Dealt Loss In $140M Bear Stearns Settlement Fight

    Several insurers fighting Bear Stearns successor JPMorgan Chase & Co. over who will ultimately pay $140 million that the investment bank paid the U.S. Securities and Exchange Commission to settle a probe in 2006 had their defenses totally rejected by a New York state judge on Monday.

  • April 18, 2017

    Lloyds Can't Reverse Coverage Of Arbitration, 10th Circ. Says

    The Tenth Circuit on Tuesday affirmed a federal court's holding that Lloyds of London cannot defeat Brecek & Young Advisors Inc.'s claim for coverage of an arbitration alleging the firm's agents mismanaged investment accounts, agreeing with a lower court that the insurer's flip-flop on its coverage stance caused BYA to suffer prejudice.

  • April 18, 2017

    MF Global, Insurers Nudged To Mediate Contract Dispute

    At the conclusion of a hearing Tuesday over whether MF Global's excess insurers should be able to send a coverage dispute to arbitration in Bermuda, a New York bankruptcy judge urged the sides to settle the underlying issue through mediation, saying the matter “cries out to be resolved.”

  • April 18, 2017

    Travelers Owes For Damaged Syrup Shipment, 3rd Circ. Says

    Travelers Property Casualty Co. is on the hook for a shipment of damaged corn syrup transported by USA Container Co., the Third Circuit affirmed Tuesday, saying the exclusions Travelers cited in attempting to deny coverage were irrelevant but that the insurer owes only about $675,000 and not $1 million, as the lower court had originally ruled.

  • April 18, 2017

    2nd Circ. Refuses To Revive $100M AIG FCA Suit

    An ex-AIG Inc. employee’s claim that the insurance giant misled the government and overvalued itself by $100 million during bailout talks doesn’t rise to the level of “material,” the Second Circuit ruled on Tuesday, affirming a lower court’s decision that an extra $100 million wouldn’t have made a dent in the $25 billion 2009 bailout.

  • April 18, 2017

    Chamber Backs Fiduciary Rule Delay But NY AG Doesn't

    The U.S. Department of Labor has received ample input on its delay of when the agency's fiduciary rule for retirement advisers will apply, garnering support from the likes of the U.S. Chamber of Commerce and opposition from New York’s attorney general and others.

Expert Analysis

  • Calif. Supreme Court Clarifies 'Prevailing Party' Ambiguity

    Louie Castoria

    The California Supreme Court's decision in DisputeSuite v. Score this month resolved a division of authority among California's district courts of appeal regarding who the "prevailing party" is when a California contract case is dismissed on procedural grounds, but may be refiled in another state. This decision is a narrow one hinging on the fact that DisputeSuite will have its day in court in a distant, contractually agreed upon, ... (continued)

  • Predicting Brexit's Lasting Impact On US And UK Markets

    Zoë Connor

    The U.K.'s triggering of Article 50 has possible ramifications for banks, asset managers, insurers and other financial service providers in the European Economic Area, but there can be little doubt that the U.S. and the U.K. will continue to trade successfully as they have done for centuries, say attorneys with Haynes and Boone LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Group P&C Insurance: Admitted And Surplus Lines Issues

    Zachary N. Lerner

    Group property and casualty insurance offers many advantages over traditional individualized coverage, but sometimes leads to more regulatory questions across both the admitted and surplus lines insurance markets. States can be fully expected to issue clarity on these issues through new statutes, regulations, bulletins and opinions in the months and years to come, says Zachary Lerner of Locke Lord LLP.

  • Calif. High Court Creates Exception To Concepcion

    Kathleen Taylor Sooy

    The California Supreme Court's recent decision in McGill v. Citibank is the latest entry in the court's well-known history of limiting what rights consumers may waive through arbitration agreements — potentially setting the stage for another review by the U.S. Supreme Court, say attorneys with Crowell & Moring LLP.

  • Potential Tax Changes Are On The Horizon For Life Insurance

    Brian T. Casey

    Proposed legislation introduced in the U.S. House of Representatives, if passed, will directly impact the life settlement industry by revamping the Internal Revenue Code's rules and requirements related to the sale of life insurance policies, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • How Blockchain Can Be Applied To Real Estate Law

    Excerpt from Lexis Practice Advisor
    S. H. Spencer Compton

    It is likely that in the future, aspects of blockchain technology will be integrated into current real estate recording systems in order to make transfers faster, cheaper and more secure. Notwithstanding reservations about blockchain, the smart money is to bet on its implementation, say S.H. Spencer Compton of First American Title Insurance Co., and Diane Schottenstein.

  • How Fla. Insurers Can Deal With Bad Faith Claims: Part 2

    Rory Eric Jurman

    Looking at the impact and potential effects of cases like Trafalgar, Lime Bay and Cammarata can assist insurers and their counsel with forming an effective defense against the perpetual threat of first-party bad faith claims, says Rory Jurman of Fowler White Burnett PA.

  • Top 10 Litigation Risks For Retailers In 2017

    Ann Schofield Baker

    With the 2017 retail season in full swing, what issues are keeping retailers up at night? Ann Schofield Baker of Perkins Coie LLP has distilled a list of top retail risks and trends this year, ranging from data breaches, cyber-ransom threats and toxic chemical compliance to the potential for litigation over subjects including shipping fees, discount pricing and website accessibility.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.