• August 31, 2015

    Judge Kicks Whistleblower's FCA Suit Against Scan Health

    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.

  • August 31, 2015

    Prudential Investors Win Cert. In Unpaid Policy Suit

    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.

  • August 31, 2015

    7th Circ. Nixes Win For Voya Insurer In $300M Contract Row

    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.”

  • August 31, 2015

    Hospital Urges 6th Circ. To Nix Insurer's Win In HIPAA Row

    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.

  • August 31, 2015

    Anti-Abortion Org Beats ACA Birth Control Mandate

    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.

  • August 31, 2015

    Insurer Says No Evidence For Bad Faith Claim By Sandal Co.

    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.

  • August 31, 2015

    Texas High Court Tackles Conflict On Damages Requirements

    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.

  • August 31, 2015

    High Court Snubs Ky. Clerk Protesting Same-Sex Marriage

    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.

  • August 31, 2015

    Deals Rumor Mill: Fiat, London City Airport, Carlyle Group

    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.

  • August 31, 2015

    Health First's Antitrust Woes Grow With New Hospital Suit

    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.

  • August 31, 2015

    Pa. Appeals Court Upends $3.3M Legal Malpractice Verdict

    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.

  • August 31, 2015

    Insurers Needn't Cover Defense In FCA Case, 5th Circ. Rules

    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.

  • August 31, 2015

    OneBeacon Fights $5.4M Olin Cleanup Award At 2nd Circ.

    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.

  • August 31, 2015

    5 Insights From 3M General Counsel Ivan Fong

    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.

  • August 31, 2015

    Ageas To Sell HK Insurer For $1.4B To China's JD Capital

    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.

  • August 28, 2015

    Soy Farm Presses 8th Circ. To Overturn Coverage Ruling

    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.

  • August 28, 2015

    Carlyle In Talks To Buy UK Insurance Software Co. For $755M

    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).

  • August 28, 2015

    Insurer Beats Crash Victim's Bad Faith Claim At 11th Circ.

    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.

  • August 28, 2015

    HSBC Says Plaintiffs Risk No Recovery If $1.8M Deal Not OK'd

    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.

  • August 28, 2015

    Some AIG Docs Protected In MF Global Fight, Judge Rules

    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.

Expert Analysis

  • Some Words Are More Equal Than Others: BancInsure V. FDIC

    Alex Lathrop

    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.

  • Deflategate, Reinsurance Disputes And Arbitrator Bias

    Jean Paul Jaillet

    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.

  • Death V. Suicide In Event Cancellation Policies

     Isabella K. Stankowski-Booker

    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.

  • Insurance Filed Rate Defense Wins Over The 2nd Circuit

    Sandra D. Hauser

    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.

  • Fluor Ruling Is Good News For Calif. Policyholders

    Richard DeNatale

    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.

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    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.

  • OIG Says Certain Free Drug Starter Programs May Be OK

    Joseph W. Metro

    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.

  • Insurers Are The Real Winners In Pa. Babcock Decision

    Randy Maniloff

    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.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    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)

  • A Rose By Any Other Name: EPA Demand Is A Suit In Texas

    Thomas B. Alleman

    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.