• May 27, 2016

    Wellness Program Doesn't Violate ADA, 7th Circ. Told

    A Wisconsin plastics maker told the Seventh Circuit on Thursday that its policy of making employees take medical tests before enrolling in the company's health insurance plan does not violate the Americans with Disabilities Act, asking the court to uphold its win against the Equal Employment Opportunity Commission.

  • May 27, 2016

    Insurer Says Chemical Co.'s Fatal Explosion Suit Is Duplicative

    Ironshore asked a Texas federal court Friday to dismiss an ammonium nitrate maker's suit accusing it and two other insurers of unfairly refusing to cover defense costs in litigation over a deadly 2013 explosion at a Texas fertilizer plant, saying a previously filed suit involves nearly identical issues.

  • May 27, 2016

    Insurer Sues Atty In Pa. Court Over Unauthorized Settlement

    Global Indemnity and a subsidiary launched a lawsuit in Pennsylvania state court Thursday accusing their former attorney of inking a $200,000 settlement on their behalf without first getting their authorization.

  • May 27, 2016

    Feds Fine Medicare Advantage Plan For Deceiving Shoppers

    Federal regulators have fined a Medicare Advantage plan in New Jersey for repeatedly misleading consumers about out-of-network benefits, continuing a campaign of stepped-up enforcement, according to a document released Friday.

  • May 27, 2016

    Church Urges 5th Circ. To Revive Copper Theft Coverage Bid

    A Louisiana church that was denied coverage by United National Insurance Co. after the theft of parts from its industrial air conditioners told the Fifth Circuit on Thursday that, although United claimed the parts were made of copper, it hadn't provided solid evidence.

  • May 27, 2016

    CareFirst Dodges Policyholders’ Data Breach Class Action

    A Maryland federal judge on Friday tossed a proposed class action in which two policyholders accused CareFirst BlueCross BlueShield of potentially compromising their information along with that of a million other people after a data breach.

  • May 27, 2016

    Insurers Must Cover Pesticide Co.'s TM Deal, 9th Circ. Told

    A pesticide company urged the Ninth Circuit Thursday to reverse an Oregon federal court's decision that Crum & Forster and two other insurers don't have to cover its settlement of litigation accusing it of misusing a business partner's trademark, asserting that the underlying suit claims an advertising injury falling within the insurers' policies.

  • May 27, 2016

    Ex-NY Senate Leader Skelos Appeals Corruption Conviction

    Former New York State Senate majority leader Dean Skelos on Thursday launched an appeal of his conviction and five-year prison sentence for using his powerful position in Albany to solicit illegal payments from real estate, insurance and environmental consulting businesses.

  • May 27, 2016

    Patient Recruiter Sentenced To 5 Years For $2M Fraud Scheme

    The owner of a Miami-area consulting and staffing company was sentenced to five years in prison Friday for his role in a $2.3 million Medicare fraud scheme that saw him refer patients to home health care agencies in exchange for kickbacks, according to the U.S. Department of Justice.

  • May 27, 2016

    5 Mistakes Young Insurance Defense Attorneys Make

    Young lawyers thrust into the the high-stakes business of representing insurance companies in coverage disputes can be prone to simple mistakes that prove costly for the client. Here, seasoned insurer-side attorneys discuss common errors that young practitioners in the field make and how they can be avoided.

  • May 27, 2016

    Ohio Co-Op Joins Ranks Of Failed ACA Nonprofits

    An Ohio state judge has ordered the liquidation of nonprofit insurer InHealth Mutual, and named the state insurance department as receiver, making it the most recent failure under the troubled Affordable Care Act co-op program.

  • May 27, 2016

    Fed To Unveil Insurance Co. Capital Rules In Early June

    The Federal Reserve on Friday said that it will release the outline of its long-awaited capital rules for insurance companies, including those designated systemically important financial institutions, at a meeting set for June 3.

  • May 27, 2016

    Insurer Says It Owes Nothing Toward Dish Copyright Suits

    Ace American Insurance Co. says it owes no repayment to Dish Network for any money the satcaster spent hashing out numerous copyright battles with television broadcasters over its ad-skipping, place-shifting Hopper DVR, according to a complaint filed in Colorado federal court on Thursday.

  • May 27, 2016

    UK Insurance Co. Picks Up 2 AXA Units In $548.7M Cash Deal

    U.K. insurance services provider Phoenix Group Holdings said Friday it will buy AXA SA’s pensions and protection businesses in a £375 million ($548.7 million) cash deal that continues the insurance provider’s growth strategy.

  • May 27, 2016

    Medical Device Co. Says IP Suit Triggers Defamation Policy

    Hernia mesh manufacturer Tela Bio Inc. told a New Jersey federal judge on Thursday that its insurance company is required to cover its defense costs in a trade secret infringement suit, saying allegations rise to the level of defamation covered under its policy.

  • May 27, 2016

    3rd Circ. Sides With Insurer That Rejected Pollution Claims

    The Third Circuit on Thursday concluded that a group of policyholders was not harmed when Nationwide Insurance cut off its coverage after defending the group for years in an underlying property pollution lawsuit, finding that the insurer had properly reserved its right to do so.

  • May 26, 2016

    Right To Cancel Arson Coverage Wasn't Waived, 9th Circ. Told

    Star Insurance Co. Thursday pressed the Ninth Circuit to undo a lower court’s ruling that it waived its right to rescind coverage of a recycling company’s policies by failing to sufficiently investigate misrepresentations on the company's applications prior to an arson fire, saying it made the proper inquiry.

  • May 26, 2016

    Insurer Asks 11th Circ. To Keep Amici Out Of Hurricane Suit

    Insurer Crum & Forster urged the Eleventh Circuit on Thursday not to accept an amicus brief from developer trade groups over a decision that Crum needn't defend builder Core Construction Services in a suit over the damage that Hurricane Wilma did to a condo complex.

  • May 26, 2016

    Exxon Urges 5th Circ. To Back $3.3M Injury Coverage Win

    Exxon Mobil Corp. hit back Tuesday at Old Republic Insurance Co. in its latest attempt to get out of covering a $3.3 million personal injury suit, telling the Fifth Circuit that a lower court correctly interpreted an agreement with a contractor and its insurance policy.

  • May 26, 2016

    NJ Judge Ends Force-Placed Insurance Row After BofA Settles

    A New Jersey federal judge on Thursday tossed a proposed class action accusing a number of companies of manipulating the force-placed insurance market for financial gain, the day after Bank of America and others agreed to settle the claims.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • The Fed's Proposed Capital Rules Could Be Overly Complex

    Lawrence Hamilton

    Assuming the building-block and consolidated approaches to insurer capital regulation are ultimately implemented in a manner consistent with the U.S. Federal Reserve's proposal for new capital standards, multinational insurance groups subject to the board’s jurisdiction will soon face additional challenges in navigating an even larger patchwork of standards and regulations, say attorneys at Mayer Brown LLP.

  • How To Prepare Your Employees For Litigation Discovery

    Charles N. McGee III

    The discovery process can be stressful and nerve-wracking for a company’s employees. Their reactions can vary tremendously and the effects are often overlooked by general counsels. Keeping your employees informed and educated prior to and during a collection or preservation hold can help to minimize disruption, maintain productivity and help discovery budgets stay in line with projections, say attorneys at Murphy & McGonigle PC.

  • Ill. Appeals Court Ruling Could Mute TCPA Class Actions

    Bruce M. Lichtcsien

    In First Mercury Insurance v. Nationwide Security Services, an Illinois state appeals court called for a change in how attorneys' fees are calculated for Telephone Consumer Protection Act class actions, which could signal the death knell for profitable TCPA litigation in Illinois, says Bruce Lichtcsien at Hinkhouse Williams Walsh LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Why FEMA's Sandy Claims Review Process Isn't Working

    Douglas J. Pepe

    Concerns over the administration and implementation of the National Flood Insurance Program following Superstorm Sandy resulted in a novel, ad hoc procedure for the adjustment and payment of previously closed flood claims, but the review process that was promised differs greatly from the process currently in practice, says Douglas Pepe at Joseph Hage Aaronson LLC.

  • 2 Things D&O Insurers Regularly Get Wrong

    Kevin M. LaCroix

    Kevin LaCroix of RT ProExec explains why the wording commonly used in the contractual liability and the professional liability exclusions in private company directors and officers insurance policies is problematic.

  • Unclaimed Property Auditors Move Beyond Life Insurers

    Wilson G. Barmeyer

    The same contingency-fee unclaimed property auditors that targeted life insurance companies are now turning their focus to other types of insurance, like health insurance and property and casualty insurance, raising a host of unique issues, say Wilson Barmeyer and Mary Jane Wilson-Bilik at Sutherland Asbill & Brennan LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Insurers Shouldn't Overreach In Gov't Investigations

    Nicholas P. Basco

    Insurance companies should be careful not to coordinate too closely with state agencies when assisting on insurance fraud investigations, so as to prevent possible civil rights and constitutional claims from individuals who may be investigation targets, like in Patel v. Allstate at the Third Circuit, says Nicholas Basco at Bressler Amery & Ross PC.