http://www.law360.com/ Latest articles for organization: Aetna Copyright 2009 Portfolio Media, Inc. en-US http://www.law360.com/images/headings/logo.gif http://www.law360.com/ http://www.law360.com/articles/131942 After 30 years, the debate between pro rata and all sums allocation is still vibrant. Pro rata is the majority rule because of its reliance on policy language and common sense, but all sums, because it maximizes insurer payouts, is not going away quietly, say A. Hugh Scott and Peter Bryan Moores of Choate Hall & Stewart LLP. http://www.law360.com/articles/131942 http://www.law360.com/articles/132420 The six biggest U.S. health insurers spend a much lower percentage of customer premiums on medical services than industry lobbyists estimated — amounting to billions of dollars in savings, according to a new investigation from a U.S. Senate committee. http://www.law360.com/articles/132420 http://www.law360.com/articles/125965 A trial is likely to begin in November in an antitrust suit involving New York radiology providers, following a judge's conclusion that there are multiple issues of fact and law that require trial evidence to resolve. http://www.law360.com/articles/125965 http://www.law360.com/articles/126074 The U.S. Senate Finance Committee has voted to add an amendment to its version of health care reform legislation that would halve the amount health insurance providers can claim in business tax deductions for executives' salaries, from $1 million annually to $500,000. http://www.law360.com/articles/126074 http://www.law360.com/articles/123642 In Wasa Int’l Ins. Co. v. Lexington Ins. Co., the House of Lords recently held that, notwithstanding an American court decision governing the cedant’s exposure, the reinsurer’s liability was not governed by that adjudication. The Lords’ decision is wrong, says Lewis E. Hassett of Morris Manning & Martin LLP. http://www.law360.com/articles/123642 http://www.law360.com/articles/118670 Winston & Strawn LLP has brought on a veteran bankruptcy attorney from Andrews Kurth LLP to bolster its restructuring and insolvency practice, the firm has announced. http://www.law360.com/articles/118670 http://www.law360.com/articles/117281 Unable to determine whether the claims are preempted by the Employee Retirement Income Security Act, a federal appeals court has vacated a ruling remanding a suit in which a physicians group alleges Aetna Health Inc. underpaid for services. http://www.law360.com/articles/117281 http://www.law360.com/articles/114772 Interestingly, despite a litany of cases holding that evidence of other similar incidents are admissible, there is only one published California appellate case, Benson v. Honda Motor Co., that addresses the admissibility of evidence offered by the manufacturer that there are no OSIs for the product at issue, say John G. Gherini and David D. Mesa of Sedgwick Detert Moran & Arnold LLP. http://www.law360.com/articles/114772 http://www.law360.com/articles/112740 In responding to discovery requests, many attorneys assert a host of applicable objections and then answer all or part of the discovery request. While this is a standard practice in many — if not most — jurisdictions, some federal courts have frowned on this approach to discovery, says Matthew C. Miller of Shook Hardy & Bacon LLP. http://www.law360.com/articles/112740 http://www.law360.com/articles/113743 The federal judge in charge of enforcing a $69 million settlement by insurance broker Marsh & McLennan Cos. Inc. in a two-pronged multidistrict litigation suit against some of the nation’s largest insurance brokers over alleged bid-rigging to inflate premiums has refused to prevent plaintiffs in two state lawsuits from pursuing claims against Marsh. http://www.law360.com/articles/113743 http://www.law360.com/articles/111765 SumTotal Systems Inc. has settled a breach of fiduciary duty shareholder lawsuit over a merger agreement that subsequently was terminated in favor of a better offer, the California e-learning company told securities regulators. http://www.law360.com/articles/111765 http://www.law360.com/articles/109164 A bankruptcy judge has called for a trial to determine the exact role J.P. Morgan Securities Inc. played in a complex web of big-dollar commercial paper transactions between Enron Corp. and other entities in the months leading up to the energy giant's dramatic 2001 collapse. http://www.law360.com/articles/109164 http://www.law360.com/articles/107924 A federal judge has refused to dismiss a breach of contract case brought by an Illinois attorney against his former law firm, which he claims wrongfully dismissed him for exercising his rights under a group health plan. http://www.law360.com/articles/107924 http://www.law360.com/articles/107174 Health Net Inc. has become the 12th insurer to settle out-of-network patient reimbursement fraud claims brought by New York Attorney General Andrew Cuomo, wrapping up a broad reform effort Cuomo says has fixed New York's “broken” reimbursement system for every insured New Yorker. http://www.law360.com/articles/107174 http://www.law360.com/articles/106692 A federal judge has thrown out a putative securities class action over an alleged scheme to inflate insurer Aetna Inc.'s stock value that allowed insiders to sell off more than 1.2 million shares in the company for $61 million in February 2006. http://www.law360.com/articles/106692 http://www.law360.com/articles/105591 Prospect Medical Group Inc. v. Northridge Emergency Medical Group is an important first step to resolving the issue of reimbursement rates for noncontracted providers. But without further action, the issue will continue to be litigated in provider/health plan disputes and in provider/patient disputes arising from past balance billing, say Jonathan A. Loeb and Jessica A. Mahon Scoles of Bingham McCutchen LLP. http://www.law360.com/articles/105591 http://www.law360.com/articles/105289 A federal judge has set an antitrust battle involving New York radiology providers on the path toward trial, setting a date and cutting off further summary judgment motions. http://www.law360.com/articles/105289 http://www.law360.com/articles/102930 A judge has approved a settlement valued at more than $19 million, including over $1.2 million in reimbursements, between class plaintiffs and Horizon Blue Cross Blue Shield of New Jersey Inc. over the insurer's refusal to pay claims associated with eating disorders. http://www.law360.com/articles/102930 http://www.law360.com/articles/102104 A federal appeals court has vacated an order dismissing certain underwriters at Lloyd's, London and London Market Cos. from a protracted battle stemming from environmental claims over an excess liability policy issued to now-bankrupt Crucible Materials Corp., after finding that Crucible did not have an adequate chance to present evidence of the terms of the 1968 policy. http://www.law360.com/articles/102104 http://www.law360.com/articles/100382 A federal appeals court has ruled that benefits for retirees of bankrupt Consolidated Freightways Corp. can't be considered in determining priority claims for contributions to a health insurance plan administered by Aetna Inc. http://www.law360.com/articles/100382