A California federal judge on Friday dismissed a whistleblower’s False Claims Act suit accusing Scan Health Plan of overcharging Medicare and Medi-Cal after finding the complaint mirrored that of a state audit report.
A New Jersey federal judge on Monday certified a class of Prudential Financial Inc. shareholders who claim that when the insurer revealed it had held onto money that should have been paid to policy beneficiaries or state unclaimed property funds, its stock values tumbled, harming investors.
The Seventh Circuit overturned a win for a Voya Financial Inc. life insurance unit on Monday, saying the dispute between the insurer and a broker over a canceled contract for $300 million in premiums is “not the stuff of summary judgment.”
A medical center on Friday urged the Sixth Circuit to reverse a Kentucky federal court’s dismissal of its suit over RLI Insurance Co.'s refusal to honor $10 million in liability coverage stemming from a federal investigation into alleged Health Insurance Portability and Accountability Act violations.
A D.C. federal judge on Monday permanently barred the Obama administration from enforcing the Affordable Care Act’s contraception mandate against a secular employer opposed to abortion rights, apparently marking the first such ruling based on moral opposition instead of religious objections.
Golden Eagle Insurance Corp. urged a California federal judge on Friday to toss the bad faith claim alleged by Rainbow Sandals Inc. in a coverage dispute over $1 million in property damage at the company’s headquarters, arguing that evidence clearly shows a genuine dispute of the cause of the damage.
The Texas Supreme Court will hear arguments Thursday on whether the assignee of a policyholder's claims against its insurers must show there was a "fully adversarial" trial in order to establish damages, in a case that offers the high court the opportunity to resolve tension between two of its previous rulings. Here, Law360 examines the issues in the case in advance of the hearing.
The Kentucky county clerk refusing to issue all marriage licenses in protest of the nationwide legalization of same-sex marriage will have to start doing so, after the U.S. Supreme Court refused Monday to hear her request for a stay.
Fiat Chrysler's CEO reiterated that General Motors Co. should agree to consider a merger, Allianz SE's infrastructure unit and Borealis Infrastructure could pay $3.1 billion to buy the London City Airport and The Carlyle Group LP hopes to net $1.7 billion in a sale of Landmark Aviation.
Health First Inc. committed antitrust violations by trying to monopolize a cancer care market and flouted contractual terms by passing along Medicare Advantage reimbursement cuts to health care providers, according to a Florida hospital’s newly filed complaint.
A $3.3 million verdict against a pair of Pennsylvania attorneys was upended by the state’s Superior Court on Friday after a three-judge panel found that the malpractice suit, which dealt with mishandled claims against the insurer of a Philadelphia office building, was not filed within the statute of limitations.
The Fifth Circuit has upheld a lower court’s decision that a shipbuilder’s insurers need not cover its legal defenses in a $78 million False Claims Act case, confirming Thursday that exclusion clauses in the insurance policy applied to the claims.
OneBeacon American Insurance Co. appealed to the Second Circuit on Friday a New York federal judge’s order to pay Olin Corp. $5.4 million for an environmental cleanup site in New Jersey, the same day he declined to reconsider the award or OneBeacon’s jury trial request.
Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.
Ageas SA said Sunday it has inked a deal to sell its Hong Kong life insurance business to Chinese asset management company JD Capital for HK$10.7 billion ($1.4 billion) as the Belgian insurance group refocuses its strategy in Asia.
A farm appealing a judgment in favor of Fireman’s Fund Insurance Co. over a payout for hail-damaged soy crops said in a filing on Friday the Eighth Circuit should allow new arguments on appeal to prevent a miscarriage of justice.
Innovation Group PLC, a business services and software provider for the insurance sector, confirmed Friday that it is in advanced talks with private equity giant The Carlyle Group LP on a potential takeover offer that could value the U.K. company at approximately £491 million ($755 million).
The Eleventh Circuit ruled Friday that Clarendon National Insurance Co. didn’t act in bad faith by failing to protect two of its insureds from a $750,000 excess judgment stemming from a 2006 car accident, determining there was no causal connection between the insurer’s conduct and the judgment.
HSBC PLC urged a Colorado federal judge to approve a $1.8 million settlement reached with putative class members who alleged the bank took kickbacks for steering consumers into inflated flood insurance contracts, saying Friday the group faced the “very real risk” of no recovery without the deal.
A New York judge has said insurers including an American International Group Inc. subsidiary can shield some documents lawyers produced while investigating a claim by MF Global Inc. for a $141 million futures trading loss in a coverage suit.
In George Orwell’s "Animal Farm," the governing principle that “all animals are equal” was revised by the pigs who had ascended into power to “all animals are equal, but some animals are more equal than others.” A recent decision by the Tenth Circuit, BancInsure Inc. v. Federal Deposit Insurance Corp., appears to apply a similar principle to insurance policy interpretation, say Alex Lathrop and Harry Moren at Orrick Herrington & Sutcliffe LLP.
Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriots quarterback Tom Brady during ongoing litigation over his Deflategate suspension are similar to common arguments made during reinsurance arbitration disputes, says J.P. Jaillet at Choate Hall & Stewart LLP.
The cancellation of an insured event due to the suicide of the insured artist opens a Pandora’s Box of legal arguments regarding coverage, and interpretation of policy language only gets more complicated when dealing with the suicide of a named person on the insured's policy — as was the case in last year's legal battle between The Rolling Stones and Lloyds of London, says Isabella K. Stankowski-Booker at Zelle Hofmann LLP.
The Second Circuit's noteworthy embrace of the filed rate doctrine in Rothstein v. Balboa Insurance Co. gives a strong boost to a doctrine that has come under scrutiny in the trial courts for some time, say attorneys at Dentons.
Last week, in its long-anticipated and unanimous decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations, placing California squarely in the mainstream view, say Richard DeNatale and Celia Jackson at Orrick Herrington & Sutcliffe LLP.
The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.
The U.S. Department of Health and Human Services Office of Inspector General's recent advisory opinion on a program that provides a drug at no cost for a limited time to patients experiencing insurance approval delays confirms an important principle that, under the right circumstances, free product starter programs can be a legitimate mechanism to facilitate patient access, say Joseph Metro and Jacquelyn Godin at Reed Smith LLP.
The Pennsylvania Supreme Court's recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers, though on it's surface a loss for insurers, will ultimately go down as a case that provided significant benefits for insurers as a whole, says Randy Maniloff at White and Williams LLP.
Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)
The Texas Supreme Court may have had Juliet’s famous thought in mind when it decided McGinnes Industrial Maintenance Corp. v. The Phoenix Insurance Co., holding that a demand letter from the U.S. Environmental Protection Agency constitutes a “suit” that triggers a commercial general liability policy. But Thomas Alleman at Dykema Cox Smith wonders if McGinnes really changes anything.