• November 21, 2014

    Judge Strikes Down $100B Ill. Public Worker Pension Reform

    An Illinois state judge Friday struck down legislation that tried to close a $100 billion gap in the state's pension budget by raising the retirement age for government workers and cutting cost-of-living adjustments, deeming the law unconstitutional.

  • November 21, 2014

    Insurer Asks 5th Circ. For Rehearing In Home Defect Row

    Mid-Continent Casualty Co. has asked the Fifth Circuit to review its reversal of an earlier decision that the insurer had correctly applied a contractual liability exclusion, arguing the panel mistakenly held that replacing two homeowners’ defective foundation represented property damage.

  • November 21, 2014

    CMS Floats 2016 Policies For ACA Marketplaces

    The Centers for Medicare & Medicaid Services on Friday published a sweeping proposed rule outlining how Affordable Care Act insurance plans will be regulated in 2016, floating major policies on renewals, rate review, network size and essential health benefits.

  • November 21, 2014

    UK Insurers Aviva And Friends Life May Merge In $8.8B Deal

    Aviva PLC said on Friday that it has reached a preliminary agreement to buy fellow U.K. insurer Friends Life Group PLC for about £5.6 billion ($8.8 billion), although the company cautioned that the deal is not yet official.

  • November 21, 2014

    Texas Court Upholds Marina's $8.7M Verdict In Coverage Spat

    A Texas appeals court has affirmed an $8.7 million jury verdict finding that an insurance broker breached its contract with a marina operator by mistakenly issuing a policy with provisos instead of a blanket coverage plan, which had left the company with few options when its property was hit with a devastating flood.

  • November 21, 2014

    5 Questions To Ask About Your Legal Malpractice Insurance

    A malpractice lawsuit can be an attorney's worst nightmare, putting a lawyer's competency and ethics under the microscope as well as taking an enormous financial toll. But while many firms carry malpractice insurance, few are asking the right questions about what is actually covered under their policy. Here's what law firms and solo practitioners need to ask about their policies before it's too late.

  • November 21, 2014

    Zurich Can't Duck Pipe Defect Coverage Suit

    A Louisiana federal judge on Thursday denied Zurich American Insurance Co.’s bid to toss pipe manufacturer Shaw Group Inc.’s bad faith claims in coverage litigation involving defective product claims, saying the insurer could still be liable for damages even if it finally paid the policy cap.

  • November 21, 2014

    Texas Top Court: Worker Who Lost Hand Can't Sue Insurer, Yet

    The Texas Supreme Court ruled Friday that a worker who lost his hand operating a tortilla press can’t sue Essex Insurance Co., because direct actions against insurers are prohibited in Texas until it has been established that an insurer has a legal obligation to pay damages to an injured party. 

  • November 21, 2014

    GOP Hits Obama With Long-Awaited ACA Lawsuit

    The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.

  • November 20, 2014

    Topa Beats E&O Coverage Suit Over RE Fight In Calif. Court

    A California appeals court Wednesday upheld a lower court ruling dismissing 1st American Warehouse Mortgage Inc.'s bad faith suit over Topa Insurance Co.'s refusal to defend it in a lawsuit stemming from a soured real estate joint venture, saying 1st American's claim isn't covered under its errors and omissions policy.

  • November 20, 2014

    Porter Hayden, AIG Insurers Ink $15M Asbestos Coverage Deal

    Defunct Porter Hayden Co. sought approval Thursday for a $15 million settlement of its asbestos injury coverage dispute with two American International Group Inc. insurers, telling a Maryland federal judge the deal will shield the insurers from future litigation over the asbestos claims and immediately benefit claimants.

  • November 20, 2014

    HHS Admits ACA Enrollment Stats Inflated By 400K

    The U.S. Department of Health and Human Services said Thursday that it accidentally overstated Affordable Care Act sign-ups by almost 400,000 policies, compounding the Obama admnistration's recent troubles on transparency and prompting Republicans to question whether regulators intentionally inflated the enrollment figures.

  • November 20, 2014

    Reinsurer's Liability Capped In Utica Asbestos Claims Suit

    Clearwater Insurance Co.'s liability under two reinsurance contracts with Utica Mutual Insurance Co. can't exceed $7.5 million, a New York federal judge ruled Thursday in Utica's suit seeking a declaration that the reinsurer must contribute toward a settlement with Goulds Pump Inc. over thousands of asbestos injury claims.

  • November 20, 2014

    Insurer Says Legal Malpractice Cost It Subrogation Win

    Unigard Insurance Co. hit the law firm of Blaser Oleson & Lloyd Chtd. with a legal malpractice suit on Wednesday in Idaho federal court, alleging it faces a malicious prosecution suit from two employees of a paint company accused of theft due to the firm’s failure to prevail in a subrogation suit.

  • November 20, 2014

    United Healthcare Dodges Chiropractor's TCPA Suit

    UnitedHealthcare Inc. on Wednesday ducked a proposed class action brought by a chiropractor alleging violations of the Telephone Consumer Protection Act after an Illinois federal judge said that the chiropractor’s provider agreement stipulated that his complaint had to be arbitrated.

  • November 20, 2014

    Market Rumors: Alibaba, CGN Power, Medibank

    Alibaba launched a debut $8 billion bond offering amid strong demand, while CGN Power, China's largest nuclear plant operator, has sold a significant chunk of its upcoming $3 billion IPO in Hong Kong to cornerstone investors.

  • November 19, 2014

    House Panel Targets Turmoil In Medicare Pay To Hospitals

    The House Ways and Means Committee's health panel on Tuesday released draft legislation that would create a new Medicare payment structure for short-term hospital admissions, aiming to curtail audits and appeals that have caused enormous turmoil.

  • November 19, 2014

    Lawmakers Urged To Expand Private Flood Insurance Market

    The development of a market for private flood insurance would lessen the burden on taxpayers in the wake of major storms, experts told a congressional panel Wednesday, speaking in support of proposed legislation that would make it easier for privately underwritten flood policies to satisfy federal lending requirements.

  • November 19, 2014

    Hobby Lobby Can't Block New ACA Rules, Judge Says

    An Oklahoma federal judge on Tuesday refused to require that new Affordable Care Act regulations related to birth control be proven valid under the U.S. Supreme Court’s Hobby Lobby decision before they can take effect, saying that they weren’t at issue in the high-profile case.

  • November 19, 2014

    Fewer Chances, More Scrutiny To Slow PE Insurance Plays

    Private equity’s investment in life insurance companies, booming for several years, is expected to cool as high-value opportunities that had sprung after the financial crisis dry up amid state regulators' tighter scrutiny, Fitch Ratings Inc. said in a report Wednesday.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Keeping Pace With Texas Hail Claim 'Case-Runners'

    G. Brian Odom

    It cannot be legitimately disputed that the increasingly common practice of "case-running" among contractors, public adjusters and policyholder attorneys is in large part to blame for the increase in litigated Texas insurance claims — it is all about extracting additional money from the insurance industry, say G. Brian Odom and Tyler McGuire of Zelle Hofmann Voelbel & Mason LLP.

  • Solace For Wis. Suppliers Over Defective Components

    Jeffrey O. Davis

    Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. is important for all manufacturers since the decision correctly found that defective components that ruin an end product are covered under a standard general liability policy, but with an important caveat — the fully integrated product must be ruined by the defective component, say attorneys at Quarles & Brady LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Don't Be Shocked By NY's 'Surprise Bills' Law

    Jackie Selby

    New York's recently enacted Emergency Medical Services and Surprise Bills law will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers regarding their health plan participation status and add new rules for health plans regarding networks and reimbursement for out-of-network services, says Jackie Selby of Epstein Becker & Green PC.

  • Insurance Rules Of The Road For Ride-Sharing Companies

    Kara L. DiBiasio

    As more states set regulations for ride-sharing companies, such as Lyft Inc. and Uber Inc., insurance companies should be prepared to offer policies that conform to the various requirements and specify which policies cover company drivers at different stages, says Kara DiBiasio of Sedgwick LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Containing Bad Actor Damage From Innocent Co-Insureds

    Kevin B. Dreher

    Evanston Insurance Company v. Agape Senior Primary Care illustrates the potentially inequitable effect of policy rescission innocent co-insureds suffer far too often when their coverage is not protected by law or contract from the misdeeds of an individual bad actor, say Kevin Dreher and Natalie Metropulos of Reed Smith LLP.

  • Blocking CAFA Remand: Lessons From A Prevailing Defendant

    Robyn C. Quattrone

    The removal and remand saga in Doyle v. OneWest Bank FSB, a class action originally filed in California Superior Court where the named plaintiffs purported to represent a nationwide class allegedly harmed by lender-placed insurance, is but one example of the larger issues inherent in the ongoing interpretation of the Class Action Fairness Act, say attorneys with BuckleySandler LLP.

  • Takeaways From The 21st Annual IAIS Conference

    Thomas M. Kelly

    The most visible outcome from the latest International Association of Insurance Supervisors meeting came from the released final basic capital requirements for global systemically important insurers, which enhanced capital standards and will have a significant impact in the near-term on G-SIIs and, over the longer term, on internationally active insurance groups, say attorneys at Debevoise & Plimpton LLP.