• August 1, 2014

    Reinsurer Taking Beef Over Arbitration Umpire To 2nd Circ.

    Odyssey Reinsurance Co. said Wednesday it will urge the Second Circuit to reconsider a lower court’s decision to not intervene and select an arbitration umpire to oversee a dispute with its insurers Lloyd’s of London and ReliaStar Life Insurance Co. over workers' compensation billings.

  • August 1, 2014

    Detroit Ch. 9 Appeals Put On Hold As Workers Cut Deals

    Two days after saying that delaying its decision on Detroit’s eligibility for Chapter 9 protection was not an option, the Sixth Circuit relented Friday and agreed to halt pensioners' appeals in light of the upcoming trial on the city’s contentious bankruptcy exit plan.

  • August 1, 2014

    AIG Investor Loses Bid To Bring Back Securities Suit

    The D.C. Circuit on Friday rejected a move by an American International Group Inc. investor to revive a putative class action against the insurance giant, finding a lower court correctly tossed the securities suit on jurisdictional grounds.

  • August 1, 2014

    Zurich Wants Shaw Group's Pipe Defect Suit Trimmed

    Zurich American Insurance Co. asked a Louisiana federal judge on Thursday to trim pipe manufacturer Shaw Group Inc.’s suit seeking coverage for litigation over its defective pipe spools, alleging Shaw failed to comply with Washington insurance law which requires notice before asserting a claim.

  • August 1, 2014

    Calif. Appeals Court Frees Liberty from Defect Coverage Suit

    A California appeals court on Thursday freed Liberty Surplus Insurance Co. from footing a construction company's bill for repairing defective parts used in apartment renovations, concluding there was no “suit” triggering the insurer's coverage obligations.

  • August 1, 2014

    Full DC Circ. Urged To Rehear ACA Subsidies Case

    The Obama administration on Friday asked the full D.C. Circuit to revisit its recent ruling that consumers cannot obtain tax credits when shopping for insurance on the Affordable Care Act’s federal marketplaces, saying a court panel erred by reading the law too narrowly.

  • August 1, 2014

    Fairfax Financial Says Insider Trading Probe Targets CEO

    Canadian investment firm Fairfax Financial Holdings Ltd. on Friday disclosed that Quebec’s securities regulator is probing its top two officials as part of an insider trading investigation.

  • August 1, 2014

    House Dems Float 4-Year Extension To Child Health Program

    A pair of senior Democratic lawmakers on Thursday introduced a bill to extend the Children’s Health Insurance Program for an additional four years, saying that without an extension, millions of children would lose access to health care.

  • July 31, 2014

    Longview Wants $825M Policy Fight Kept In Bankruptcy

    Coal plant operator Longview Power LLC told a Delaware bankruptcy judge Thursday that its suit over an $825 million insurance policy needs to remain before the court because the outcome is crucial to the successful resolution of its Chapter 11 case.

  • July 31, 2014

    CMS Official Says Will Continue To Improve

    A top Centers for Medicare and Medicaid Services official told lawmakers Thursday that the agency continues to expect some problems with the Affordable Care Act portal in the upcoming enrollment period, but has made significant progress since the rocky initial rollout of the marketplace last year.

  • July 31, 2014

    ACA Challengers Ask High Court To Take Up Subsidy Fight

    A group of Virginia residents on Thursday asked the U.S. Supreme Court to review last week’s Fourth Circuit decision allowing federal government subsidies for insurance premiums on the federal Affordable Care Act exchange, saying only the high court can resolve a circuit split on the issue.

  • July 31, 2014

    Lloyd's Ducks Firm's Malpractice Coverage Suit Over $7M Loss

    A California federal judge ruled Thursday that Lloyd's of London didn't have a duty to defend a Los Angeles law firm for malpractice claims over a $7 million award against an ex-client in a property dispute, because its insurance application omitted material information.

  • July 31, 2014

    Calif. Trumpets 4% Rate Rise For ACA Insurance Plans

    Californians who purchased coverage on the state’s Affordable Care Act marketplace will see average rate hikes of roughly 4 percent next year, state regulators said Thursday, a relatively modest rise that may stem partly from factors unique to the nation’s largest insurance market.

  • July 31, 2014

    Axis Can't Pursue Cop Shooting Coverage Suit In Fed. Court

    A Louisiana federal judge on Wednesday dismissed Axis Insurance Co.’s bid to avoid coverage in litigation stemming from the shooting deaths and injuries of four Louisiana sheriff’s deputies, finding that state-court issues outweighed federal ones.

  • July 31, 2014

    AIG, GE Capital Will Remain SIFIs, US Regulators Say

    U.S. financial regulators decided on Thursday that American International Group Inc. and GE Capital Corp. will keep their status as systemically important financial institutions, following an annual review of the designation.

  • July 31, 2014

    Indian Harbor Can't Shield Reserve Info In Coverage Battle

    A California judge on Wednesday ordered Indian Harbor Insurance Co. to produce documents detailing its calculation of reserves for whistleblower litigation accusing mobile diagnostic imaging providers of a kickback scheme and of submitting false claims to Medicare.

  • July 31, 2014

    2nd Circ. Says ERISA Doesn't Preempt Insurance Laws

    The Second Circuit on Thursday revived a putative class action seeking to enjoin The Rawlings Co. LLC, Oxford Health Plans Inc. and UnitedHealth Group Inc. from obtaining reimbursement of medical benefits from plaintiffs’ personal injury settlements, finding the claims are not preempted by the Employee Retirement Income Security Act.

  • July 31, 2014

    Calif. Judge Won't End Silgan's $4M Faulty Can Coverage Suit

    A California federal judge on Wednesday refused to issue a ruling in Silgan Containers LLC's suit seeking $4 million in coverage from National Union Fire Insurance Co. for Del Monte Foods' underlying suit alleging Silgan's tomato cans were defective, ruling the insurance policies in question need more examination.

  • July 31, 2014

    GAO Says Big Bank 'Subsidy' Could Return In A Crisis

    The biggest U.S. banks were able to fund themselves at a lower cost than their smaller rivals during the financial crisis, but while that advantage has nearly disappeared, it could return if market conditions deteriorate, according to a U.S. Government Accountability Office report released Thursday.

  • July 30, 2014

    GAO Slams CMS Planning For Glitchy Rollout

    The U.S. Government Accountability Office slammed the Centers for Medicare and Medicaid Services for poor planning and lax oversight in the $840 million development of the Affordable Care Act's online insurance marketplace, saying the contracting process was majorly flawed in a report released Wednesday. 

Expert Analysis

  • The ACA Has Made The Collateral Source Rule Obsolete

    Christopher R. Daily

    While a majority of jurisdictions that have considered the collateral source rule have held that a plaintiff can present the amount a health care provider initially billed — not merely the amounts later paid — this logic was rooted in a time when having insurance was a "fortuitous" luxury, something that must be rethought given the Affordable Care Act's insurance mandate, say Christopher Daily and Jonathan Huber of Miles & Stockbridge PC.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Different Health Care M&A Get Same Rigorous FTC Scrutiny

    Michael W. King

    When considering health care M&A deals, note that the Federal Trade Commission has not ruled out challenging vertical health care mergers despite its indication that horizontal mergers pose a greater anti-competitive risk, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Not A Federal Question: ACA Fund Dispute Is For States

    Eric G. Pearson

    The Seventh Circuit In Hartland Lakeside Joint No. 3 School District v. WEA Insurance Corp. remanded to state court a dispute over the distribution of funds from the Affordable Care Act for failure to present a federal question under Grable, which regrettably did not create the sort of bright-line rule that often does and should govern issues of federal jurisdiction, says Eric Pearson of Foley & Lardner LLP.

  • 5th Circ. May Have Created New Rule On Policy Exhaustion

    Stephen P. Pate

    The Fifth Circuit's ruling in Indemnity Ins. Co. of N. Am. v. W&T Offshore Inc. is important because many believed it was implied in umbrella/excess policies that only damages covered by them would count against their retained limit — now carriers wishing to restrict damages against such limits must expressly state so in policies, says Stephen Pate of Norton Rose Fulbright.

  • Your D&O Insurance Policy Post-Halliburton

    Roberta D. Anderson

    The U.S. Supreme Court decision in Halliburton Co. v. Erica P. John Fund may significantly increase defense costs at and prior to the class certification stage, so companies may wish to carefully consider their directors and officers insurance program and confirm that their policies would respond to cover expert witnesses and “event study” expenses, says Roberta Anderson of K&L Gates LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.