LexisNexis® Legal Newsroom
    9th Circ. Gives FDIC Win In St. Paul Ambiguous-Exclusion Row

    The Ninth Circuit on Wednesday affirmed a lower court’s decision to grant summary judgment to the Federal Deposit Insurance Corp. in a dispute with insurer St. Paul Mercury over coverage for a defunct bank, agreeing with the Eleventh Circuit’s take on the same policy applied to a different bank.

    Calif. Justices Will Look At Sexual Abuse Coverage Issue

    The California Supreme Court has agreed to settle a question of whether insurance coverage applies to allegations that a construction company’s employee sexually assaulted a student at a San Bernardino, California, middle school, according to a petition order released on Thursday.

    Feds Say Insurer Owes Coverage For Naval Shipyard Cleanup

    The U.S. government Wednesday told a California federal court that Steadfast Insurance Co. should have to pay for the environmental remediation costs at a formal naval shipyard, intervening in a developer’s breach of contract and bad-faith lawsuit against the insurer.

    AT&T Tells Texas Court To Drop ERISA Insurance Dispute

    AT&T on Wednesday told a federal judge in Texas to dismiss a complaint brought by RedOak Hospital LLC alleging that it violated the Employee Retirement Income Security Act, because the “elaborate scheme” it alleges exists — whereby the hospital was stiffed on patient bills — is nothing more than an accounting dispute. 

    Trial Pros’ Secret To Courtroom Success

    Somewhat surprisingly, very few of the dozens of the "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

    Sinkhole Claims Limited By New Definition, Fla. Justices Say

    The Florida Supreme Court on Thursday concluded that a newer, more restrictive statutory definition of the term “covered claim” applies to sinkhole losses if the insurer that issued a policy before the definition took effect becomes insolvent after the effective date.

    Attorneys Ask 8th Circ. To Reverse Bad Class Deal Sanctions

    A group of attorneys on both sides of a $3.5 million class action settlement with United Services Automobile Association over its depreciation practices urged the Eighth Circuit on Wednesday to overturn sanctions issued for their alleged attempts to skirt federal judicial review of the deal.

    HUD Strikes Back Against Disparate Impact: Part 1

    After the U.S. Department of Housing and Urban Development adopted its "Discriminatory Effects Rule," multiple insurance companies challenged the rule. Robert Helfand, shareholder with Carlton Fields Jorden Burt PA, explains HUD's lengthy and aggressive rejection of the insurers' objections.

    ACA Claims Should Survive Aetna-Humana Back-Out, DOJ Says

    With trial nearing, competition officials urged a D.C. federal judge on Thursday not to toss allegations the Aetna-Humana merger would stifle competition in Affordable Care Act exchange markets after the companies pulled out of several, likening such dismissal to closing the blinds on an otherwise functioning factory.

    Alstom Seeks Sanctions For Insurer Ignoring ICC Order

    Energy giant Alstom on Wednesday urged a New York federal court to force a Brazilian insurer to follow a confirmed arbitration award by the International Chamber of Commerce keeping it from pursuing $24 million in claims, adding the insurer should be held in contempt and sanctioned for flouting court orders.

    Are Your Witnesses Watered Down?

    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

    Insurer Blasts Publisher's Sanctions Request In Coverage Suit

    Illinois National Insurance Co. fired back at McGraw-Hill’s demand for sanctions Wednesday in Illinois federal court, refuting claims that it has acted in bad faith and rejecting the publisher’s claim that the insurer lied for years about the location of its principal place of business.

    BNSF Coverage Claims Tossed In $10M Wrongful-Death Suit

    Old Republic Insurance Co. doesn’t have to cover Burlington Northern & Santa Fe Railway Co.’s defense in a $10 million wrongful-death suit involving the death of a railyard worker, an Illinois federal judge ruled Wednesday, dismissing counterclaims filed by the railroad company in the insurer’s lawsuit.

    Defective Toilet Product Cost Insurers $2M, NJ Suit Says

    A group of plumbing supply companies have been sued in New Jersey state court by nearly 30 insurers alleging they collectively paid out nearly $2 million to policyholders who endured water loss or damage as a result of a toilet product defect.

    Watchdog Appeals For Redacted Docs In MetLife SIFI Dispute

    A financial industry watchdog seeking access to redacted court documents from the battle between the federal government and MetLife Inc. over a systemically important financial institution tag has urged the D.C. Circuit to overturn a lower court’s decision to deny its records request.

    Endurance Wants Rights Clarified In Fiserv Coverage Suit

    Endurance American Specialty Insurance Co., one of two remaining excess insurers going to trial over obligations to Fiserv Solutions Inc. in litigation tied to a $530 million Bank of America NA lawsuit over title insurance claims, asked a Wisconsin federal judge Wednesday to clarify that it can continue to dispute that Fiserv filed its claim in time.

    Theranos' Woes May Rehape Private D&O Coverage

    An investor's suit accusing Theranos Inc. of misrepresenting its blood-testing technologies and a U.S. Securities and Exchange Commission probe of the startup may lead insurers to broaden exclusions in directors and officers policies to reflect privately held firms' growing exposure to securities law claims, experts say.

    Relator Drops State FCA Claims Against Medtronic For Now

    An ex-Medtronic Inc. sales rep who alleges his former employer paid doctors kickbacks won't pursue California and Illinois based private insurance fraud claims in Massachusetts federal court, dismissing them without prejudice there but leaving the option to file again somewhere else.

    OPINION: Social Security Disability Is Turning 60

    Since its inception 60 years ago, the United States Social Security disability insurance program has provided vital financial support to millions of American families. Now, Americans seeking relief are facing exorbitant wait times, due to woefully inadequate funding and staffing at the Social Security Administration, says Barbara Silverstone, executive director of the National Organization of Social Security Claimants' Representatives.

    5th Circ. Vacates Apache Win In $1.5M Fraud Coverage Fight

    Great American Insurance Co. actually doesn’t owe $1.5 million to Apache Corp. after fraudsters tricked it into rerouting vendor payments to a bogus bank account because the loss isn’t covered under the insurance policy’s computer-fraud provision, the Fifth Circuit said on Tuesday.

    Why Telemedicine Is About To Take Off

    For decades, rural and community hospitals have struggled to attract and retain doctors, due to the difficulty of sustaining consistent work in rural areas. However, advancements in telemedicine may be the solution to this problem, reshaping dealmaking in health care as we know it, says Robert Annas, senior managing director at Solic Capital LLC.

    Facts Lacking In Bird Flu Coverage Row, Insurer Says

    Illinois Union Insurance Co. on Tuesday pressed a Minnesota federal judge to conclude that it correctly denied coverage to an egg producer whose facilities were contaminated by a 2015 avian influenza outbreak, arguing the policyholder cannot prove its losses resulted from environmental contamination.

    Starwood Sells US Hotel Portfolio Stake To China Life

    Starwood Capital Group said Tuesday that it will sell a stake in a $2 billion U.S. select-service hotel portfolio to a consortium of sovereign wealth funds and other investors led by China Life Insurance Co. Ltd., marking Chinese investors’ latest foray into the U.S. hospitality market.

    Five Must-Ask Questions In Trucking Accident Cases

    Commercial trucking accident cases can be incredibly complex to litigate. Critical areas that must be examined in order to protect the plaintiff’s interest include black box data recorders, U.S. Department of Transportation inquiries, and more. Adam Leighton and Nicole Schneider of Cohen & Cohen PC explore five critical questions that must be asked in these types of cases.

    Mich. Tribe Wants Info On Blue Cross Profits In ERISA Suit

    The Little River Band of Ottawa Indians looked on Tuesday to force Blue Cross Blue Shield of Michigan to disclose information about the rates of return it earns on specific investments in the tribe's suit alleging the insurer flouted the Employee Retirement Income Security Act while administering an employee health benefit plan.