A split Illinois Supreme Court recently held that the two-year statute of limitations for negligence claims against insurance agents generally begins to run on the date a policy is issued, a decision that sharply limits policyholders’ ability to sue over agents’ alleged failure to secure requested coverage.
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Tuesday, October 23, 2018 Follow Insurance Law360

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Analysis

Agents Get Upper Hand In Negligence Suits With Ill. Ruling

A split Illinois Supreme Court recently held that the two-year statute of limitations for negligence claims against insurance agents generally begins to run on the date a policy is issued, a decision that sharply limits policyholders’ ability to sue over agents’ alleged failure to secure requested coverage. Read full article »

Analysis

Trump Invites ACA Suits By Giving States New Leeway

The Trump administration on Monday offered states wide latitude to steer consumers away from the Affordable Care Act's robust health insurance and toward cheaper policies, an audacious move that experts say flouts the law's intent and invites litigation. Read full article »

Insurer Must Pay For Defense In School Assault Suit: 9th Circ.

The Ninth Circuit has held that Liberty Surplus Insurance Corp. must cover a construction company’s costs of fighting claims that it negligently hired and supervised an employee who molested a 13-year-old student while working at a middle school. Read full article »

Car Insurance Ruling Will 'Wreak Havoc,' NJ Justices Told

A New Jersey appellate decision permitting the recovery of car-accident-related medical expenses above the limit of a plaintiff’s personal injury protection benefits will lead to greater litigation, raise insurance costs and “wreak havoc” on the state court system, counsel for defendants told the state Supreme Court Monday in seeking to overturn the ruling. Read full article »

POLICY & REGULATION

DOL Proposes Easing Retirement Plan Regulations

The U.S. Department of Labor moved Monday to make President Donald Trump’s executive order on retirement regulations a reality, proposing a rule that would make it easier for companies and the self-employed to join existing retirement plans or band together to create new ones.  Read full article »

LITIGATION

2 Insurers Exit $1.3M Construction Defect Coverage Row

A Florida federal judge on Monday dismissed American Home Assurance Co. and Illinois National Insurance Co. from a lawsuit alleging they failed to indemnify the general contractor in a condominium association's construction defects suit that led to it paying a $1.3 million settlement, after the insurers reached a deal with the condo association. Read full article »

Home Insurer Turns Tables On HOA's Coverage Suit

Auto-Owners Insurance Co. turned around a homeowners association’s lawsuit alleging it failed to adequately cover property damage from a hailstorm, after a Colorado federal jury found Friday in favor of the insurer’s counterclaim that the condo complex put in a fraudulent claim. Read full article »

Liberty Mutual Loses Rebuttal Bid Against Texas Contractor

A Texas magistrate judge threw out Liberty Mutual Insurance Co.’s claim that Hunt Construction Group Inc. failed to properly oversee a subcontractor’s work in a $36 million lawsuit related to the construction of the Fairmont Hotel in Austin, saying Hunt correctly argued that the insurer cannot sue it for breach of contract. Read full article »

Labs Say UnitedHealth Can't Sue On State Fraud Claims

A group of medical testing labs urged a Texas federal judge Friday to toss a $44 million suit brought by UnitedHealthcare Insurance Co., saying payments made by the insurer weren't fraudulent and were federally mandated through the Employee Retirement Income Security Act. Read full article »

EXPERT ANALYSIS

Florida Supreme Court Aims To Expand Bad Faith Standards

The Florida Supreme Court's recent decision in Geico v. Harvey is part of an ever-expanding trend to create a negligence standard against insurers, seemingly turning a blind eye to the myriad of sophisticated bad faith setup schemes, say Rory Jurman and Vanessa Alvarez of Fowler White Burnett PA. Read full article »

Beware Laws Intersecting Benefit Concierge Services

Benefit concierge services can help employers realize a greater return on investment by increasing employees’ awareness of available benefits. However, they raise several legal issues, including considerations under the Health Insurance Portability and Accountability Act and the Employee Retirement Income Security Act, say Kendra Roberson and Chris Lowther of Covington & Burling LLP. Read full article »

LEGAL INDUSTRY

Baker McKenzie Chair Takes Leave Due To Exhaustion

Baker McKenzie Global Chair Paul Rawlinson will step down from his responsibilities as firm leader and take temporary leave to address medical issues that were triggered by exhaustion, the firm announced Monday. Read full article »

When Bad News Hits: How GCs Can Help Weather The Storm

The ability to handle a crisis, including breaking unfavorable news to CEOs or other executives, is a skill set in-house counsel must attain and nurture, according to a Monday panel at the 2018 Association of Corporate Counsel's annual meeting. Read full article »

David Boies Adds Muscle To Posner-Backed Pro Se Case

David Boies, chairman of Boies Schiller Flexner LLP, is the latest big name to sign on to the U.S. Supreme Court case of a pro se litigant whose challenge to a decision not to allow him to amend his complaint has also attracted help from former Seventh Circuit Judge Richard Posner. Read full article »

BigLaw Atty Accused Of Exposing Self Seeks Gym Evidence

A lawyer for a Hughes Hubbard & Reed LLP partner who has pled not guilty to public lewdness told a Manhattan criminal court judge on Monday that she was seeking evidence from an Equinox gym where the alleged misconduct happened and was confident the case would be wrapped up soon. Read full article »

Legal Settlement Cash Advances Aren't Loans: Ga. Justices

The Georgia Supreme Court handed a win to the consumer legal funding industry Monday in finding that legal case “investments” are not loans and are therefore outside the scope of state usury laws. Read full article »

Desmarais To Expand With New Bay Area Office

New York intellectual property firm Desmarais LLP will open a new office in San Francisco on Dec. 1 to better serve its technology and life sciences clients such as Apple Inc., Cisco Systems Inc. and IBM Corp., which are based in the Bay Area, according to the firm's founding partner. Read full article »

Interview

15 Minutes With Ascendant Compliance's General Counsel

Since co-founding Ascendant Compliance Management more than a decade ago, former employment litigator Keith Marks has worked as the compliance consulting firm's general counsel and executive director, and his story shows that there are alternate paths lawyers can take to a successful career. Read full article »

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Geico

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