A jury in Florida federal court decided on Friday that Marsh USA Inc. doesn’t have to pay nearly $35 million to residents who claimed the insurance broker failed to insure a high-rise condominium that suffered extensive hurricane damage, finding the condo's board didn't have a "special relationship" with Marsh.
The Office of Inspector General at the U.S. Department of Health and Human Services on Friday detailed its investigative priorities for fiscal 2015, vowing to scrutinize Medicare and Medicaid billing by insurance plans, medical device makers and an array of health care providers.
Voters on Tuesday will decide the fate of myriad state and local initiatives that address issues as varied as fracking, medical marijuana and care for terminally ill patients. Here, Law360 looks at eight ballot initiatives that could have significant nationwide implications, should they pass or fail.
A Louisiana federal judge ruled Friday that Liberty International Underwriters Inc. must cover $50 million of a $250 million settlement reached between Cameron International Corp. and BP PLC over Cameron’s failed Deepwater Horizon blowout preventer, but that the insurer doesn’t have to also pay for defense costs.
A Texas trial court abused its discretion when it ordered National Lloyds Insurance Co. to produce evidence related to claims other than the plaintiff’s in a lawsuit over alleged underpaid insurance claims, the Texas Supreme Court said Friday.
Equity Residential is said to have paid $126 million for a North Hollywood apartment complex, while five buildings in the Bowery have reportedly been sold for $45 million and Stoltz Real Estate is said to have purchased a Tennessee development for $24 million.
TIG Insurance Co. is liable for $7.6 million in excess coverage obligations for Stryker Corp.’s settlement of artificial knee defect lawsuits, a Michigan federal judge ruled Thursday, finding the insurer wasn’t required to consent to the deals for Stryker to secure coverage.
The U.S. Treasury Department on Wednesday slapped a trio of Miami, Florida, health insurance providers with a nearly $129,000 fine for issuing policies to various individuals whom the agency had previously sanctioned under its narcotics trafficking regulations.
Hanover Insurance Co. has been hit with a $1.5 million suit in New Jersey federal court by a company that claims the insurer unfairly denied its claim for damage resulting from Superstorm Sandy and then hired an attorney who badgered the company’s owner and called him an “idiot.”
A new Medicare product by Highmark Health that allegedly denies seniors in-network access to medical services at University of Pittsburgh Medical Center is not in violation of an agreement with the hospital, Pennsylvania’s Commonwealth Court said on Thursday.
A New Jersey state judge on Wednesday ruled against the retailer-owned cooperative that operates ShopRite Supermarkets, supporting Lexington Insurance Co.'s application of a $22 million “named storm” deductible on a $54 million Superstorm Sandy damages claim and refusing the cooperative's argument for a lower deductible.
House Ways and Means Chairman Dave Camp and Foreign Affairs Chairman Ed Royce called on the Internal Revenue Service on Wednesday to disclose whether foreign diplomats are receiving health coverage tax credits through the Affordable Care Act, saying it's unfair if U.S. taxpayers are subsidizing foreign nationals.
The U.S. Department of Justice and AllQuest Home Mortgage Corp. traded barbs in Texas federal court Wednesday in a discovery war stretching back to May in which each seeks to compel the other to cough up loan files in a $264 million False Claims Act suit.
A Florida federal judge on Wednesday gave the final nod to a $281 million settlement reached by Wells Fargo Bank NA and Assurant Inc. in a suit over their force-placed insurance practices, despite objections last week from homeowners worried about how much of the money would reach class members.
A Florida federal judge on Wednesday granted final approval to HSBC Bank USA NA and three insurers' $32 million settlement of a class action accusing them of overcharging more than 250,000 homeowners for force-placed insurance, overcoming earlier concerns to okay the deal.
A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.
There was no legitimate economic or “moral hazard” reason to support the punitive loan terms given to American International Group Inc. as part of its 2008 bailout, a plaintiffs’ expert said Wednesday as trial continued in a shareholder suit over the deal's allegedly onerous terms.
The U.S. Tax Court ruled Wednesday that a unit of security services giant Securitas AB can deduct $88 million in expenses from a captive insurance arrangement that legitimately shifted and distributed risk.
The threat of the spread of Ebola in the U.S. has left hospitals and other policyholders worried about coverage for quarantines and other disease-related occurrences, with questions arising about the applicability of certain exclusions and the triggering event for coverage under property damage and business interruption policies.
Continental Casualty Insurance Co. and two other insurers have been sued in New York state court by numerous restaurants located at Manhattan's South Street Seaport that suffered losses during Superstorm Sandy, claiming the insurers acted in bad faith by denying coverage without an adequate basis.
When handling claims in foreign jurisdictions, insurers need to know the differences between common law and civil law systems given their impact on every phase of complex claims, from adjustment through the retention of experts and a final resolution, say Jose Umbert and Jason Reeves of Zelle Hofmann Voelbel & Mason LLP.
Litigation is a fluid and amorphous process, subject to shifts in strategy based on constant flows of information and events, not the least of which are the reactions of opponents and those who don the black robes. If a client feels informed and part of the process, he or she will feel satisfied with services received — even if the result is not a good one, says Mark Goodman, co-chairman of Capes Sokol Goodman & Sarachan PC's litig... (continued)
Impatience toward the U.S. government's response to recent cyberattacks as well as the aggressiveness of security startups toward hackers have led companies to view "hacking back" after falling victim to cyberattacks as a possible response strategy, say attorneys at Edwards Wildman Palmer LLP.
Under pressure from regulators to obtain adequate cyber-risk coverage and lacking underwriters that offer comprehensive catastrophic coverage for losses or liabilities arising out of cyberattacks, global energy companies face multiple challenges when considering cyberattack insurance policies, say attorneys at Legge Farrow Kimmitt McGrath & Brown LLP.
As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.
As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.
The government’s Foreign Corrupt Practices Act claim against Alcoa Inc. should raise red flags for private equity firms since many of the indicia of agency noted are often components of the traditional private equity investment model. Although no firm has been subjected to parent-subsidiary liability for a portfolio company’s conduct, it is likely only a matter of time, says Elan Kandel of Cozen O'Connor.
Insurers should welcome the American Law Institute's “Restatement of the Law of Liability Insurance” since before, as a principles project, the ALI was able to support the adoption of minority positions by saying it’s a principles project — now as a restatement this cover should no longer be available, says Randy Maniloff of White and Williams LLP.
The Second Circuit’s decision in Indian Harbor Insurance Co. v. The City of San Diego involving a pollution and remediation legal liability insurance policy reinforces that the mandates imposed on insurers by Section 3420 of the New York Insurance Law do not apply unless all of the various elements of the statute are implicated. This is not only relevant to a liability insurer’s ability to disclaim coverage based upon late notice, ... (continued)
Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.