The Delaware Supreme Court's recent ruling that there is generally no time limit on third-party claims against dissolved corporations will put insurers on the hook for more asbestos lawsuits and other torts related to diseases with long latency periods.
After failing to shrink the Florida Hurricane Catastrophe Fund by $3 billion last year, a state senator on Friday again filed legislation that would drop the state reinsurance fund's coverage to $14 billion.
A Tennessee federal judge found Monday that dozens of lawsuits against Quorum Health Resources LLC over allegedly botched surgeries constitute a single medical incident under a Lexington Insurance Co. policy, meaning Quorum only has to pay one self-insured retention before the Lexington coverage kicks in.
The financial services industry has made significant progress over the past 18 months to improve its cybersecurity efforts, but still needs assistance from the government and other industries for proper risk mitigation, BB&T Corp.'s chief executive told the Financial Stability Oversight Council on Monday.
Former executives of bankrupt airline Gulfstream International on Friday entered a proposed settlement with the liquidating trustee to receive a $1.9 million payment on their D&O insurance policy and submit it to the trustee’s fund to avoid prolonged litigation alleging they breached their duty to the company.
A Missouri federal judge on Monday took back a holding that Travelers Indemnity Insurance Co. of America had to indemnify an Arch Coal Inc. unit against lawsuits brought by workers who were injured in a crane accident, agreeing that her initial ruling went too far.
Siding with Indalex Inc. in a closely watched coverage battle, the Pennsylvania Superior Court held last week that liability policies can provide coverage when defective products damage other property or cause injuries, likely emboldening policyholders to challenge refusals of defense coverage for faulty workmanship claims.
Two Republican lawmakers want the Internal Revenue Service to share how it will protect taxpayer data in light of a September report indicating its computer system that calculates tax credits under the Affordable Care Act has security weaknesses, according to a letter released Monday.
The U.S. Supreme Court on Monday declined to hear a group of art investors’ appeal of a New York state court’s finding that an AXA SA subsidiary doesn’t have to cover $21.6 million in losses from a notorious gallery swindle.
The U.S. Supreme Court on Monday denied Pfizer Inc.’s bid to rehear three First Circuit rulings related to its allegedly deceptive marketing of Neurontin, allowing to stand the First Circuit's determination that resulting off-label prescriptions harmed Kaiser Foundation Health Plan Inc. and others.
Occidental Petroleum is eyeing a consortium of three state-owned companies as a potential buyer for a $10 billion stake in its MENA business, while Cerberus might finally have a plan to unload at least part of gun manufacturer Freedom Group about a year after critics first pressed the firm to get rid of its holding.
Mississippi Insurance Commissioner Mike Chaney on Thursday attacked the Federal Emergency Management Agency's attempt to end his lawsuit challenging steep rate hikes planned for the National Flood Insurance Program, arguing that FEMA itself would benefit from an injunction on the premium increases.
The Fifth Circuit on Friday upheld a decision requiring Lexington Insurance Co. to defend a Louisiana parish against dozens of property owners who sued over the demolition of their houses in the wake of Hurricane Katrina but also found that a lower court erred in forcing the insurer to cover the parish for potential damages.
A Connecticut federal judge ruled that United Healthcare Group cannot terminate more than 2,000 Connecticut physicians who are participating providers in its Medicare Advantage plan, saying Thursday that doing so would cause irreparable harm to the affected doctors in violation of their contract.
A ruling that New Jersey doesn't violate federal law by requiring risk retention groups to provide pedestrian injury coverage as part of its no-fault motor vehicle insurance requirements will stand, with the state Supreme Court refusing Friday to disrupt a lower court's July decision.
The Sixth Circuit on Friday affirmed a lower court's award of $3.8 million in disgorged profits to a former executive after the Life Insurance Co. of North America was found to have wrongfully denied him disability benefits.
Security contractor Protection Strategies Inc. asked a Virginia federal court Thursday to reject Starr Indemnity & Liability Co.’s attempt to dodge covering PSI’s defense costs stemming from allegations it defrauded NASA and other agencies in a $31 million kickback scheme for which several PSI executives face criminal charges.
A Missouri federal judge on Wednesday dismissed American Safety Indemnity Co. from a coverage lawsuit over a gasoline pipeline leak, finding that the alleged property damage did not occur during American Safety's policy period.
Pennsylvania’s governor unveiled a plan Friday that would allow the state to use federal funding offered through the Affordable Care Act to provide private insurance to low-income state residents and modernize its Medicaid program by diversifying coverage options and imposing work search requirements on recipients.
Chevron is again pushing back development plans for a $6.4 billion gas venture it shares with PetroChina, while a federal official warns a prospective Comcast-Time Warner merger would be hard-pressed to clear a regulatory review.
The U.S. Supreme Court will have no shortage of issues to address concerning the rights of religious for-profit corporations in Hobby Lobby Stores Inc. v. Sebelius and Conestoga Wood Specialties Inc. v. Sebelius. Their answers will likely fracture the court — as they have the federal appellate courts — and could potentially lead to surprising results, say Darren Nadel and William Trachman at Littler Mendelson PC.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
The statutory and regulatory framework, marketplace, infrastructure and use of health information technology has grown and changed exponentially during the 2013 calendar year — but not without practical and legal challenges ranging from Affordable Care Act implementation to fraud and data protection concerns, say Sidney Welch and Cindy Acosta at Kilpatrick Townsend & Stockton LLP.
State appellate courts provided sweeping decisions in 2013 affecting coverage rights under a variety of insurance policies. Practitioners can learn from K&L Homes Inc. v. American Family Mutual Insurance Co. and Capstone Building Corp. v. American Motorists Insurance Co., to name just two, say attorneys with Kilpatrick Townsend & Stockton LLP.
A Georgia federal court recently ruled in Metro Brokers Inc. v. Transportation Insurance Co. that an all-risk insurance policy did not provide coverage for online fraudulent withdrawals from the company’s bank account. This decision offers guidance as to how a court may treat a policyholder’s claim under a traditional all-risk policy and the effect of broad computer fraud exclusions, says James Kitces at Robins Kaplan Miller & Ciresi LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
If, as a recent Florida district court decision makes clear, other policyholders’ claim files are discoverable because they are relevant to the question whether an insurance carrier engaged in a pattern of bad-faith claim denial, why wouldn’t claim files be discoverable when they are relevant to other questions in coverage cases? The honest answer is — they should be, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.
Two line items — overhead and profit — in roof replacement insurance claims are causing considerable debate in Texas, as neither Texas law nor the Texas Department of Insurance has provided determinative guidance. Use competitive roof replacement bids submitted by reputable roofing contractors, rather than estimates generated by computer software, to determine the appropriate claim measure, says Todd Tippett of Zelle Hofmann Voelbel & Mason LLP.
The flagship federal website HealthCare.gov has reportedly been subject to 16 potential website breaches. However, HealthCare.gov is only one piece of the website and data network designed to facilitate health plan enrollment under the Affordable Care Act. And, as it turns out, the state-level exchanges may be of greater concern, say David Tolley and Timothy McCrystal of Ropes & Gray LLP.
Even if the European economic recovery remains constrained, the global real asset rotation and navigation of the commercial real estate debt gap should continue to propel real estate investment up the risk curve in 2014. The growing participation of larger institutional players also signals larger deals in core markets, says Eric Rosedale, co-chairman of Dentons real estate group in Europe.