News and Events for Attorneys and Executives

Insurance

Insurance, Indemnification, and Limitation of Liability Provisions in Business Contracts

Insight
“Fundamentally, the purpose of insurance, indemnification, and limitation clauses is to allocate risks,” writes Kenneth Gorenberg of Barnes & Thornburg LLP.

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Judge Fines Foreclosure Law Firm $1.8 Million for Bogus Billings

News
A Denver judge has fined one of the city’s prolific foreclosure attorneys $1.8 million for billing thousands of consumers facing the loss of their homes for title-insurance policies that did not exist, reports The Denver Post.

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Barnes & Thornburg Adds Three Insurance Recovery Attorneys in Los Angeles and Dallas

News
Barnes & Thornburg LLP announces today that three lawyers from Anderson Kill’s Ventura, California, office have joined the firm’s Litigation Department and Insurance Recovery and Counseling Practice Group.

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A.M. Best Webinar Examines Legal, Insurance Ramifications of Lead Injuries

Event, August 3, 2 p.m. EDT
A panel of legal and insurance professionals will discuss the sources of lead injury claims, developing liability issues and the industry impact of lead-based claims.

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U.S. Sues to Block Anthem-Cigna and Aetna-Humana Mergers

U.S. Sues to Block Anthem-Cigna and Aetna-Humana Mergers

News
U.S. Attorney General Loretta E. Lynch said the proposed mergers “would leave much of the multitrillion-dollar health insurance industry in the hands of three mammoth insurance companies,” reports The New York Times.

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Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend

Insight
An explicit contractual duty to defend against allegations of negligence or breach by the indemnitor may well be construed to require such a defense from the outset, even when parties are still arguing over ultimate liability, writes Stan Martin of Commonsense Construction Law LLC.

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National Insurance Coverage Team Joins Wilson Elser

News
National law firm Wilson Elser announced that a national insurance coverage team of 11 attorneys has joined Wilson Elser in three offices – Chicago, Los Angeles and New Jersey.

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North Carolina Blue Cross and Blue Shield Sues U.S. Over Health-Care Payments

North Carolina Blue Cross and Blue Shield Sues U.S. Over Health-Care Payments

News
Blue Cross and Blue Shield of North Carolina sued the federal government, becoming the latest health insurer to claim it is owed money under the Affordable Care Act, according to a report in The Wall Street Journal.

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Q&A on SCOTUS and Arbitration

Article
In an article posted on their firm’s website, Matthew T. Furton and Julie L. Young, partners in Locke Lord, discuss some recent rulings on arbitration by the U.S. Supreme Court, particularly as they apply to insurance and reinsurance.

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Court Orders Coverage Where Breach Merely Alleged

Article
The exclusion could have been written more broadly so as to cover all claims for injury arising out of any “alleged” breach of contract in addition to all claims arising out of actual breaches of contract.

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Consideration of Force Majeure in Construction Contracts

Consideration of Force Majeure in Construction Contracts

Article
Before entering into a construction contract, consider how force majeure events are evolving in today’s world, advise Jonathan Massell and David A. Senter of Nexsen Pruet on the firm’s website.

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Fifth Circuit Holds Additional Insureds Lack Coverage for Contractual Liability

News
The 5th U.S. Circuit Court of Appeals has affirmed a lower-court decision declining to broaden additional insured coverage afforded under a commercial general liability policy to an energy operator to contractual liabilities assumed by an energy service provider, writes David J. Saltaformaggio of Phelps Dunbar.

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Are Today’s Corporate Directors More Personally Liable?

Are Today’s Corporate Directors More Personally Liable?

On-Demand
Now more than ever, corporate directors are finding themselves named in lawsuits, says Katherine Henderson, veteran insurance board advisor and partner with Wilson Sonsini, in a video posted by Boardroom Resources LLC.

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Court Rules Insurer’s Privacy Policy Can Give Rise to Breach of Contract Claim

Court Rules Insurer’s Privacy Policy Can Give Rise to Breach of Contract Claim

Article
The process of issuing an insurance policy, either directly or through an employer group, requires care and deliberate action when it comes to issues of proper integration, documentation and transmittal.

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The Plaintiff’s Attorney’s Search for Driver Fatigue to Inflate Value of Case

The Plaintiff’s Attorney’s Search for Driver Fatigue to Inflate Value of Case

Article
In any instance involving the tragic loss of life or serious injury in commercial truck collisions, extensive discovery is required and one of the critical areas focuses on proof of hours of service violations, writes Mark Perkins.

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Under Contract Law, Court Says Retirees Have No Vested Right to Lifetime Benefits

Under Contract Law, Court Says Retirees Have No Vested Right to Lifetime Benefits

Article
Many companies that have previously deferred the modernization of their legacy benefits obligations may want to reevaluate the applicable agreements, as now may be the right time to press ahead with long-overdue changes.

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Zenefits CEO Parker Conrad Resigns Amid Scandal

NEWS
Zenefits cofounder Parker Conrad resigned as CEO and as a director of the company, according to a Forbes report, as questions are being raised about the steps Conrad took to put Zenefits into hypergrowth – including flouting laws about who is allowed to sell insurance.

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Insurance Partially Covers Merck’s $830 Million Vioxx Settlement

NEWS
The company’s cash payment for the settlement and fees will be about $680 million after reimbursement from insurance policies, Merck said.

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Remedies for the Rogue Arbitrator

White Paper
Most arbitrations run smoothly, the paper says, but “arbitrators should be ready for the exceptional case, which can be occasioned by another arbitrator or counsel.

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Artful Pleading Fails to Circumvent Contractual Liability Exclusion

Article
D&O policies are not intended to insure contracts entered into by insureds: that is why D&O policies routinely contain contractual liability exclusions.

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