Insurance

  • August 23, 2019

    Insurer Slams Realtor's Bid To Remand Harvey Coverage Suit

    Insurance company AmRisc LLC asked a federal judge not to move a Houston-based real estate company’s suit seeking more than $1 million from insurers for Hurricane Harvey damage to state court, saying arbitration disputes belong in federal court.

  • August 23, 2019

    Lewis Brisbois Enters Va. With 6 LeClairRyan Med Mal Pros

    Lewis Brisbois Bisgaard & Smith LLP has scooped up a team of six LeClairRyan medical malpractice defense attorneys to start a new office in Roanoke, Virginia, marking the firm’s first location in the Old Dominion state.

  • August 23, 2019

    Hotel Owner Hits Insurer With $1.3M Harvey Damage Suit

    The owner of a Houston area Quality Inn and Suites sued its insurer for breach of contract Friday, claiming it is owed more than $1.3 million for building damage caused by Hurricane Harvey, plus damages because of a delay in payment.

  • August 23, 2019

    Judge Won't Nix Shopping Center's $16M Insurance Claim

    A Texas federal judge has denied two summary judgment motions from a shopping center and its insurer in a dispute over coverage for a $16 million damages claim from a 2014 storm, saying there are factual disputes over evidence and concerns about the validity of the parties' expert testimonies.

  • August 23, 2019

    USI Suit Claiming Spilled Secrets Can't Fly In Pa., Insurer Says

    Insurance provider Brown & Brown Inc. told a Pennsylvania federal judge on Thursday that a lack of any clear link to the Keystone State doomed a lawsuit accusing one of its executives of violating confidentiality provisions of his employment agreement when he jumped ship from rival USI Insurance Services.

  • August 23, 2019

    Pittsburgh Paper Could Nix Insurance Hikes, NLRB Says

    The Pittsburgh Post-Gazette did not violate federal labor law by refusing to chip in more for workers' insurance after a series of union contracts expired, the National Labor Relations Board said Thursday in an order that reversed an agency judge's ruling.

  • August 23, 2019

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

    The past week has seen a Swiss oil distributor sue Barclays for fraud, a French fintech sue a British bank it partners with and several shipping companies take on Allianz, Axa and other insurers. Here, Law360 looks at these and other claims in the U.K.

  • August 22, 2019

    Software Co. Wants AIG To Cover Deal In $6M Spoofing Scam

    Investment software manager SS&C Technologies Holdings Inc. is asking a New York federal court to declare that insurer AIG must cover the cost of a settlement over the company's unwitting role in a $6 million heist that wiped out one of its clients.

  • August 22, 2019

    True Health Says Medicare Withholding Violates Ch. 11 Stay

    Bankrupt medical testing company True Health Diagnostics LLC told a Delaware judge Thursday that a withholding of Medicare reimbursement payments by the federal government breached the automatic stay triggered by Chapter 11 filings, and it asked the court to enjoin the holdback.

  • August 22, 2019

    Nightclub Not Covered For Shooting Suits, 6th Circ. Affirms

    A split Sixth Circuit panel on Thursday affirmed that U.S. Specialty Insurance Co. has no duty to defend or indemnify a Kentucky nightclub in multiple lawsuits over a 2015 shooting at the venue that injured eight people, agreeing with a lower court that a policy exclusion for assault and battery claims precludes coverage.

  • August 22, 2019

    7th Circ. Withdraws Opinion Barring AIG Coverage For Emmis

    The Seventh Circuit on Wednesday withdrew a July ruling that found an AIG unit rightfully denied radio broadcasting company Emmis Communications Corp. coverage for a shareholder suit it had already reported to its previous insurer, letting stand a lower-court decision that Emmis is covered. 

  • August 22, 2019

    DOJ Hammers 'Unprecedented' Rejection Of FCA Dismissal

    The U.S. Department of Justice is lambasting a California federal judge's rejection of its request to end a whistleblower's False Claims Act suit, deeming it an "unprecedented decision" that usurps executive branch powers.

  • August 22, 2019

    Reinsurers Say $150M Insurance Suit Can't Go To Local Court

    Reinsurers looking to force arbitration of a $150 million suit over the payment of claims arising from Hurricanes Irma and Maria have said the dispute doesn't belong in a local San Juan court, urging a Puerto Rico federal court to reject a financially troubled insurer's bid to remand.

  • August 22, 2019

    Cigna Accuses Drug Abuse Treatment Provider Of Fraud

    Cigna has filed a lawsuit that claims a substance abuse treatment center violated federal benefits law and raked in $1.8 million by seeking payment for unnecessary treatments.

  • August 22, 2019

    Putnam Seeks Coverage, Payment From ACE For SEC Probe

    Putnam Investment Management sued its insurer Thursday in Massachusetts federal court in an effort to force ACE American Insurance to honor a policy it says covers defense costs stemming from a U.S. Securities and Exchange Commission probe into the company.

  • August 22, 2019

    Pa. Courts Can't 'Quadruple' Damages For Consumer Fraud

    A Pennsylvania appeals court ruled in a published decision on Wednesday that the state’s consumer protection law did not allow judges to award treble damages on top of actual financial losses experienced in lawsuits brought under the statute.

  • August 22, 2019

    Fintech Startup Pagaya Issues $115M ABS To Expand Platform

    U.S. and Israeli-based fintech firm Pagaya said Thursday it has issued a $115 million consumer credit asset-backed security, the largest transaction to date for the startup, which uses artificial intelligence to manage investments for institutional clients.

  • August 21, 2019

    Progressive Wants Out Of $10M Class Action Over Copays

    Progressive Select Insurance Co. is asking a federal court in Florida to toss a class action brought by medical providers seeking as much as $10 million in damages for the insurer’s copayment reductions, arguing that the providers should take it up with their patients instead.

  • August 21, 2019

    Nationwide, Travelers Sued For Contaminated Flour Coverage

    A Crum & Forster unit has filed suit against units of Nationwide, Travelers and CNA, claiming it is entitled to recover more than $11 million for paying for property damage after an insured mill produced and sold contaminated flour in 2016.

  • August 21, 2019

    Real Estate Rumors: Blackstone, MetLife, John Buck

    Blackstone has reportedly bought an industrial portfolio in Miami for $56 million, MetLife is said to have loaned $105 million for a Salt Lake City property and a John Buck-Morgan Stanley venture could get $375 million with the sale of a Chicago office tower.

  • August 21, 2019

    Transamerica Can't Use Settlement To Slip New 401(k) Suit

    An Iowa federal judge has denied Transamerica Corp.'s attempt to shed a proposed class action surrounding allegations that it stuffed underperforming proprietary funds in its 401(k) plan, saying a previous settlement in an excessive fee suit doesn't bar the new claims.

  • August 21, 2019

    Fast Hearing Set On $1.3B Philly Refinery Insurance Suit

    Make-or-break courtroom arguments over rights to $1.25 billion in business interruption insurance held by the bankrupt owners of a fire-crippled Philadelphia-area refinery could take place as early as November, a PES Holdings LLC attorney told a Delaware bankruptcy judge on Wednesday.

  • August 21, 2019

    Uber Insurer Needn't Cover Driver's Injury, 10th Circ. Says

    An Uber driver can’t force the ride hailing company’s insurer to cover her medical bills following a 2017 accident, the Tenth Circuit has affirmed, agreeing with an Oklahoma federal judge that coverage is unavailable because the driver was not carrying a passenger when the crash occurred.

  • August 21, 2019

    Deals Rumor Mill: Alibaba, Goldman Sachs, Cigna

    Alibaba is postponing its planned Hong Kong listing, Goldman Sachs could sell auto warranty company Safe-Guard Products International, and Cigna is mulling a sale of its group benefits insurance unit.

  • August 21, 2019

    Tomato Suit Is Outside Importer's Policy, Insurer Says

    Twin City Fire Insurance Co. asked an Illinois federal judge Tuesday for a declaration that it has no duty to defend or indemnify an importer of Italian foods in a proposed class action claiming the company misrepresented the quality of its canned tomatoes.

Expert Analysis

  • Key Policy Rescission Considerations For Insurers

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    When insureds make misrepresentations that materially affect policy underwriting decisions, insurers can seek policy rescission, but they should pay attention to state-specific considerations, especially in the context of compulsory insurance, say Nicole Crowley and Christian Cavallo of Goldberg Segalla.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Considering Disclosure Risks In Sensitive Product Recalls

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    The New York Supreme Court's recent decision in Otsuka America v. Crum & Forster highlights the balancing act between comprehensive disclosures during product recall efforts and the use of those communications in subsequent insurance or personal injury lawsuits, say Syed Ahmad and Geoffrey Fehling of Hunton.

  • Reinforcing Insurance Coverage For Gov't Investigations

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    The Superior Court of Delaware's recent decision in Conduent v. AIG Specialty Insurance adds to the authority that government investigations satisfy the "claim" and "wrongful act" definitions in claims-made professional liability insurance policies, and is instructive as to how policyholders can strengthen their coverage, say Donovan Hicks and Brian Scarbrough of Jenner & Block.

  • 2 Insurance Coverage Issues Raised By Cyber Warfare

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    As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • Private M&A Indemnification Clarified In Chancery Ruling

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    In Hill v. LW Buyer, the Delaware Chancery Court's opinion underscores the importance of including as much detail as possible in M&A parties' indemnification claims and submitting them in a timely manner to preserve their indemnification rights, says Sawyer Duncan at King & Spalding.

  • Pa. Justices Could Shift State's Consumer Litigation

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    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • The Key Issue In Revived Sex Abuse Claim Insurance Disputes

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    With multiple states reopening the statute of limitations for survivors of childhood sexual abuse — New York's law took effect Wednesday — more insurance coverage disputes are sure to arise, and the overriding question in many of these disputes is how to quantify the number of occurrences, say attorneys at Blank Rome.

  • The Outlook On Drug Pricing And Surprise Billing In Congress

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    Recent months have seen a flurry of activity in Congress on prescription drug pricing and surprise medical bills, and additional developments are expected in September, including possible floor action, say attorneys at Akin Gump.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • Opinion

    Insurance Industry Needs To Build Trust In Digital Securities

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    Traditionally, the role of the insurance industry has been to combine technology and reasonable regulation with risk transfer products, and the time has come for insurance to help integrate digital securities into society, says Ty Sagalow at Assurely.