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Insurance

  • August 17, 2018

    1 Year After Harvey Houston Courts Sharing Space, Making Do

    Hurricane Harvey put Harris County's 21-story criminal courthouse out of commission almost one year ago, and the temporary fix of sharing docket time and courtroom space in the neighboring civil courthouse has meant struggles for plaintiffs, defendants, lawyers and judges alike. This article is the first in a series of stories about the anniversary of Hurricane Harvey.

  • August 17, 2018

    Bowles Rice, Insurer Resolve $41M Fight On Eve Of Trial

    Bowles Rice has resolved a $41 million fight with a title insurer stemming from a troubled coal plant build and averted a trial that was set to start Monday, according to a lawyer involved in the case, heading off what at least one expert said was a sizable threat to the firm in the face of its limited malpractice coverage.

  • August 17, 2018

    Mining Error Not A Covered Accident, Ky. Justices Rule

    A split Kentucky Supreme Court on Thursday ruled that American Mining Insurance Co. does not have to cover damages that resulted when a now-insolvent mining company wrongly extracted coal from a farmer’s property, reversing a state appeals panel and holding that the incident did not constitute an accidental occurrence for coverage purposes.

  • August 17, 2018

    Nationwide Ban OK For Trump Birth Control Rules, States Say

    Five states challenging Trump administration rules exempting employers from providing health care coverage for birth control due to moral or religious objections said the Ninth Circuit could uphold a nationwide injunction on the policy, arguing a recent ruling ending a national bar on the president's sanctuary city policy didn't mean all broad injunctions must be scrapped.

  • August 17, 2018

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

    The last week has seen Gatwick Airport sue an insolvent construction firm and two insurers for professional negligence, Deutsche Bank lodge a claim against India's Canara Bank and a Markel unit file a contract dispute against German animal insurance specialist Hippo.

  • August 17, 2018

    Anderson Kill Woos Back Insurance Pro From Lowenstein

    Anderson Kill has lured back a former insurance recovery team member after a two-decade absence, nabbing him from his most recent home, Lowenstein Sandler, the new firm announced.

  • August 17, 2018

    Insurance Co. Must Cover Contractor In Sports Complex Row

    A Texas federal judge has ordered Mt. Hawley Insurance Co. to cover a contractor in a lawsuit alleging a breach of contract in the construction of a sports complex, ruling that the policy's exclusions don't free the insurer because a subcontractor may be responsible for the alleged damage.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Ambac Sues Deutsche Bank Over $900M RMBS Trust Losses

    Ambac asked a New York federal court Thursday to release it from an obligation to insure some of the $900 million in losses suffered by a residential mortgage-backed securities trust managed by Deutsche Bank National Trust Co., saying the banking giant did not hold the underlying loan issuer accountable.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    Insurer Seeks To Duck Lumber Liquidators' $36M Settlement

    St. Paul Fire and Marine Insurance Co. sued policyholder Lumber Liquidators on Wednesday over coverage for $36 million worth of recently proposed settlements regarding defect claims, including over allegedly formaldehyde-laden wood flooring.

  • August 16, 2018

    Pa. Suit Says AARP Acted As Unlicensed Insurance Agent

    AARP Inc. has been illegally collecting millions of dollars in commissions on insurance sales and acting as an unlicensed insurance agent in Pennsylvania, according to a proposed class action lawsuit filed in Philadelphia federal court Wednesday.

  • August 16, 2018

    Finnish Co. Can't Dodge Arbitration Over Engine Failure

    A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims.

  • August 16, 2018

    'Indefensible' Fees Request Slashed In ACA Birth Control Row

    In a sternly worded opinion, an Oklahoma federal judge rejected a request for $3.1 million in attorneys' fees from lawyers representing a group of Catholic institutions that sued over Affordable Care Act rules concerning birth control, ruling that the request was "indefensible" and reducing it by more than 75 percent.

  • August 16, 2018

    Geico Seeks To Pause $430M Auto Parts Price-Fixing Deal

    Geico asked a Michigan federal court Tuesday to hold off on granting final approval to $430 million in settlements in a price-fixing case against auto parts makers while the court mulls whether the insurer can opt out of the deal before it’s finalized.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    11th Circ. Won't Revive Ex-Judge's Suit Over Disbarment

    The Eleventh Circuit on Wednesday upheld a lower court’s decision to toss a former Florida state judge's lawsuit over the state's Judicial Qualification Commission’s recommendation to the Florida Supreme Court that she be removed from the bench, as well as affirming her subsequent disbarment by the state bar.

  • August 15, 2018

    Insurers Sue RV Maker After 'Spontaneous Fire' In Vehicle

    Recreational vehicle manufacturer Newmar Corp. removed to federal court Wednesday claims brought by four insurance companies seeking reimbursement for coverage of payments they made to vehicle owners after an RV made by Newmar spontaneously burst into flames and damaged other vehicles at a Florida storage facility.

  • August 15, 2018

    NRA Atty Faces Scrutiny After Not Disclosing Sanction

    National Rifle Association lawyers will have to answer for the accuracy of a well-known Texas litigator's application to represent it in a dispute with an insurance broker in Virginia federal court, where a judge ordered a hearing on the submission after learning that it didn't mention a past sanction for allegedly trying to influence potential jurors. 

  • August 15, 2018

    Fla. Court OKs Jury Instructions In Hurricane Repair Row

    A Florida appellate court on Wednesday affirmed a trial court’s jury instructions and evidentiary rulings in a trial between two condo associations and an insurance agent over a construction bond needed to repair hurricane damage, rebuffing the associations’ argument that the trial court cost them a larger verdict.

Expert Analysis

  • Plan Sponsors Should Consider Pension De-Risking

    Elliot Dinkin

    For some plan sponsors, the prospect of engaging in a pension risk transfer may seem cost-prohibitive. However, the cost of transferring risk is lower than what many sponsors perceive, says Elliott Dinkin of Cowden Associates Inc. 

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.