A First American Title Insurance Co. subsidiary on Wednesday sought preliminarily approval of a proposed settlement of a class action accusing it of securing title insurance from itself without ever searching for less expensive coverage from other companies when it acted as an escrow agent for plaintiffs trying to pay off home loans.
A California federal judge has again tossed claims in a putative class action accusing Old Republic Home Protection Co. of ripping off homeowners who purchased its warranties, saying the named plaintiff has still failed to support his allegations that the company had a duty to disclose alleged unfair business practices.
A former claims manager for the New Jersey Turnpike Authority on Wednesday admitted that he defrauded the agency and insurance companies of at least $1.5 million by using a scheme to receive illegitimate payments through the U.S. mail system.
A Florida federal judge ruled Tuesday that a Marriott International Inc. subsidiary cannot entirely dodge a proposed class action accusing the company of fraudulently increasing time share prices by forcing customers to buy worthless insurance.
Sen. Pat Roberts, R-Kan., on Wednesday blocked efforts to bring about a quick vote on a bill that would delay flood insurance rate increases required under a 2012 law that overhauled the badly indebted National Flood Insurance Program.
A former New Jersey public employee who had lost administrative appeals for expanded health benefits couldn't then bring a fresh suit against program administrators for consumer fraud, since the case hinges on the merits of a state agency's decision, an appeals court ruled Wednesday.
An Illinois federal court on Monday kept intact most claims in an insurance agency's more than $5 million contract dispute with Leading Insurance Group Insurance Co. Ltd. (US), but tossed deceptive practices counts brought under state law.
Questions remain about the Federal Deposit Insurance Corp.'s outline for unwinding failed global financial institutions, but observers say the vision the agency laid out Tuesday remains the best among bad options for handling a future crisis.
The lender to a failed $100 million real estate project urged the Seventh Circuit on Wednesday to order First American Title Insurance Co. to indemnify it against construction liens asserted in the developer's bankruptcy, arguing that the policy exclusion the insurer relies upon doesn’t apply.
A legislator in Pennsylvania’s House of Representatives introduced a bill on Tuesday that would establish a new consumer advocate post in the state’s Office of Attorney General to represent the interests of state residents dealing with regulatory or legal issues related to the rapidly evolving health insurance landscape.
Insurance giant MetLife Inc. and real estate company UDR Inc. have formed a joint venture to invest about $317 million in the construction of a 42-story, luxury high-rise apartment complex in San Francisco, the companies announced Wednesday, marking the third joint venture between the firms.
Pennsylvania officials defending the state's gay marriage ban from a constitutional challenge asked a federal court Tuesday to ignore their opponents' jurisdiction arguments and allow an interlocutory appeal to the Third Circuit for review of whether the plaintiffs' claims fall under federal jurisdiction.
China's Anbang Insurance Group Co. Ltd. spent $2.2 billion to bring its China Merchants Banks Co. stake to 5 percent, the lender said late Tuesday, suggesting the insurer could be hunting for new banking targets as its bid for a Hong Kong lender reportedly collapses.
An Illinois appeals court on Tuesday rejected St. Paul Mercury Insurance Co.'s efforts to blame a building security provider for an explosion at a Chicago high-rise that caused $14.5 million in losses, finding the security company did not violate its contract with the building owner.
U.S. Department of Health and Human Services Secretary Kathleen Sebelius addressed the troubled rollout of the Affordable Care Act before a House committee on Wednesday, testifying that the insurance marketplace system is back on track and that her office is launching an investigation into its government contracting practices.
A universal tax incentive for buying health insurance and tax-free health savings accounts are among a list of ideas that 33 House Republicans want to bring to President Barack Obama as alternatives to Affordable Care Act provisions, the congressmen announced Tuesday.
Roughly 365,000 Americans have enrolled in health insurance plans in state and federal marketplaces since the open enrollment period launched, but the bumpy rollout of the website for the Affordable Care Act must be investigated, top health official Kathleen Sebelius said Wednesday.
A Florida federal judge on Tuesday granted Metropolitan Tower Life Insurance Co.’s motion to dismiss a putative class action brought by a policyholder who said the company overcharged customers on their life insurance policies, holding that the plaintiff’s suit is precluded by an earlier settlement.
An American International Group Inc. unit recently pressed the Sixth Circuit to throw out a rare ruling that halted a reinsurance arbitration before a final award was made, claiming the lower court stepped out of bounds and ignored binding precedent.
A company denied coverage by Hartford Casualty Insurance Co. in a patent and trademark dispute urged California’s high court on Tuesday to resolve a state appellate conflict by ruling that an insurance policy’s advertising injury clause can be triggered by implicit claims of disparagement.
Recent actions from the D.C. Circuit and the Nuclear Regulatory Commission have resumed the process of considering a disposal facility for spent nuclear fuel and other radioactive waste. If Yucca Mountain or another facility were finally licensed, the financial picture for nuclear power plant owners could be very different — which includes insurance coverage typically purchased by plant owners and operators, says Erin Webb of Dickstein Shaprio LLP.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
Certainly, no defendant wishes to advocate for greater damages. In addition to having to advance such an untenable position for the privilege of gaining access to federal court, there are at least two other issues that a defendant in the Second Circuit should consider before spending the time and money to seek removal of an action when the complaint is ambiguous on its face as to the amount of damages sought, say Andre Cizmarik and Kara Cormier of Edwards Wildman Palmer LLP.
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.