• February 5, 2016

    UnitedHealth Accused Of Deceiving Court In Lap-Band Suit

    An ex-physician being sued by UnitedHealth as part of larger litigation over whether the insurer must pay for certain weight-loss surgeries under employee health plans told a California federal court Friday that the insurer committed fraud on the court when it opposed his attempt to disqualify the judge.

  • February 5, 2016

    Policyholder Can Assign Benefits Without Consent, Court Says

    A Florida appeals court ruled Friday that a homeowner can assign the benefits of her insurance policy with Gulfstream Property and Casualty Insurance Co. to an emergency water mitigation company without the insurer's consent, finding that the policy doesn't restrict the assignment of benefits after a loss has occurred.

  • February 5, 2016

    DC Circ. Won't Decide TCPA Coverage Appeals

    The D.C. Circuit held Friday that it lacks jurisdiction to consider appeals in a dispute over whether Cincinnati Insurance Co. must defend and indemnify a plumbing company against claims that it violated the Telephone Consumer Protection Act by sending unsolicited faxes, as the lower court has yet to render a final decision on all the issues.

  • February 5, 2016

    Illinois ACA Co-Op Hit With Class Action For Cutting Provider

    An Illinois non-profit insurer created under the Affordable Care Act has been hit with a class action in state court over its decision to boot the University of Chicago from its network of providers after patients had already signed up with the expectation of being attended to by the university’s doctors.

  • February 5, 2016

    Cigna Hid Compliance Failures From Investors, Suit Says

    Cigna Corp. misrepresented to shareholders that its health insurance plans met Medicare compliance standards, causing a hit to the company's stock price, a proposed investor class claimed in a lawsuit filed on Thursday in Connecticut federal court.

  • February 5, 2016

    Ex-Fox Rothschild Atty Convicted Of Insider Trading

    An ex-Fox Rothschild LLP attorney was convicted Friday on charges that he used inside information about the firm’s work to trade ahead of a $760 million insurance industry merger in 2011.

  • February 5, 2016

    Lewis Brisbois Expands With 7-Lawyer Team In Raleigh

    Lewis Brisbois Bisgaard & Smith LLP has absorbed the seven remaining practicing lawyers from Patterson Dilthey LLP to launch a Raleigh, North Carolina,. office, bringing the team’s experience handling professional and medical malpractice defense, products liability, insurance, construction, workers’ compensation and appellate disputes.

  • February 5, 2016

    Pro Hockey Player Says Agency Oversold League's Insurance

    A professional hockey player suing the Federal Hockey League and its insurer in Illinois federal court over an eye injury he suffered on the ice added claims against the agency that sold the FHL its insurance policy Thursday, saying it let the league believe such accidents would be covered.

  • February 5, 2016

    Amtrak Can Only Recover $125M For Sandy, 2nd Circ. Told

    A slew of excess insurers urged the Second Circuit on Thursday to uphold a New York federal court's ruling that Amtrak can only recover up to $125 million for damage to its tunnels resulting from Hurricane Sandy, contending that the lower court properly determined the entire loss was a single occurrence caused by flood.

  • February 5, 2016

    Judge Pauses AIG Unit's Suit Over Dish TCPA Row Coverage

    A Colorado federal judge on Thursday paused an AIG unit's suit seeking to avoid covering Dish Network's yet-undetermined damages for allegedly making millions of illegal recorded or unsolicited calls, granting both parties' request to wait until a judgment is reached in the underlying lawsuit.

  • February 5, 2016

    5th Circ. Releases National From Truck Co. Accident Coverage

    National Casualty Co. has escaped insurance coverage of a Texas trucking company accident, after the Fifth Circuit on Thursday determined that a lower Texas court had wrongly dismissed the insurance coverage dispute on the grounds that parties were missing and that the case belonged in state court.

  • February 4, 2016

    Title Insurer Must Face Bad Faith Claim, Hawaii Justices Say

    Fidelity National Title Insurance Co. must face a real estate broker's claim that it acted in bad faith by delaying payments under a title policy, the Hawaii Supreme Court ruled Thursday, finding that there are still factual questions as to whether the insurer acted reasonably under the policy.

  • February 4, 2016

    AbbVie, Others Escape Some Testosterone Therapy Claims

    An Illinois federal judge on Thursday tossed most of a putative class action accusing AbbVie Inc. and other pharmaceutical companies of causing health insurers to pay for medically unnecessary uses of testosterone replacement therapy drugs via fraudulent marketing, but allowed the deficient claims to be amended.

  • February 4, 2016

    Ex-Fox Rothschild Atty Knew Of Pre-Merger Trading, Jury Told

    An ex-Fox Rothschild LLP partner knew that his broker was going to purchase on his behalf stock in an insurance company his firm was representing in an imminent merger, a Pennsylvania federal jury heard during testimony on Thursday in an ongoing insider trading trial.

  • February 4, 2016

    ACA Sign-Ups Near 13M As Annual Enrollment Ends

    Almost 13 million people purchased health insurance through Affordable Care Act marketplaces by the time enrollment ended in recent days, a nearly 10 percent gain from last year, the Obama administration said Thursday.

  • February 4, 2016

    Liberty Says MusclePharm's $3M Indemnity Suit Won't Fly

    A Liberty Insurance unit on Wednesday told a Colorado federal judge that sports nutrition company MusclePharm is rewriting the scope of its policy to try to obtain coverage for $3 million in costs of complying with a U.S. Securities and Exchange Commission investigation.

  • February 4, 2016

    Anda Pushes For W.Va. 'Pill Mill' Coverage In 11th Circ.

    Anda Inc. told the Eleventh Circuit on Thursday there is no doubt that a West Virginia lawsuit claiming the drugmaker contributed to an “epidemic” of prescription drug abuse stems at least partially from its citizens’ “bodily injuries,” thus coverage from its five insurers should have been triggered.

  • February 4, 2016

    Insurers Owe $15M For Sandy Damages, Property Owners Say

    Federal Insurance Co. and Certain Underwriters at LLoyd’s have stiffed property management companies for $15 million in damage to an apartment complex caused by Superstorm Sandy, according to a complaint filed in New York federal court Thursday.

  • February 4, 2016

    Zipline Injury Happened Out Of Covered Area, Insurer Says

    Great American Alliance Insurance Co. said Wednesday it doesn’t owe coverage to a Missouri Baptist conference center sued because of a zipline-riding injury during retreat organized by the insurer’s policyholder, because ziplining wasn’t part of the covered activities, according to a complaint filed in Missouri federal court.

  • February 4, 2016

    Charney, Ex-Workers Target American Apparel Ch. 11 Stay

    Ousted American Apparel CEO Dov Charney and other former workers at the reorganizing retailer asked a Delaware bankruptcy judge Wednesday to lift a stay barring them from pursuing employment-related and other claims in Los Angeles, California, superior court, arguing that the company's insurance fund would bear any resulting liability. 

Expert Analysis

  • New Insights For ERISA Standards On Benefit Determinations

    Roy W. Breitenbach

    In Josephson v. Oxford the New York State Supreme Court found that the health plan’s conflict of interest did, indeed, affect certain of the health plan’s benefit determinations. The ruling provides a useful analysis of the Employee Retirement Income Security Act standards involved in determining whether benefit determinations are arbitrary and capricious, say attorneys at Garfunkel Wild PC.

  • Patent Reform And The New Insurance Market That May Follow


    Proposed legislation would require the losing party in patent litigation to pay the winning side’s reasonable attorneys' fees and costs, which means that the legal expense insurance market that emerged as a result of the loser-pays rule in England could soon be imported here, say Nirav Desai and Krishan Thakker of Sterne Kessler Goldstein & Fox PLLC.

  • California Supreme Court In 2015: A Year In Transition

    Kirk C. Jenkins

    One year after the appointment of two new justices, the statistical evidence for any marked shift at the California Supreme Court is decidedly mixed, says Kirk Jenkins of Sedgwick LLP.

  • Miss. Makes More Trouble For Reservation Of Rights

    John W. Herrington

    In Federal Insurance Co. v. Singing River Health System, a Mississippi district court recently held that an insurer’s reservation of rights prevents it from enforcing policy terms under which limits are eroded by defense costs, which depending on how the forthcoming appeal is decided, could make it much harder for insurers to manage the defense of complex claims, say John Herrington and Robert Helfand at Carlton Fields.

  • Is Your Company Insured Through The London Market?

    Allison Newstead

    As of August 2016, the U.K. Insurance Act 2015 will alter the landscape of insurance and reinsurance contracts placed through the London market or governed by English law — and there are several circumstances in which U.S. or multinational companies may be affected by the act, say attorneys at Shook Hardy & Bacon LLP.

  • Pa. Embraces Alternative Automobile Insurance Coverage

    Charlotte E. Thomas

    The Pennsylvania Supreme Court's decision in An v. Victoria Fire & Casualty Co signals that insureds who knowingly purchase an economical but limited insurance product should not expect reformation after coverage is denied and seems to suggest that Pennsylvania is open to automobile insurance coverage alternatives designed to reduce the cost of standard policies, says Charlotte Thomas at Duane Morris LLP.

  • EU-US Negotiations Could Shake Up US Insurance Regulation

    Donald B. Henderson

    Entering into a covered agreement with the European Union could have a significant impact on the current U.S. state-based system of insurance regulation, since the covered agreement — which will be negotiated by U.S. federal authorities — could result in the preemption of certain state insurance laws, say attorneys at Willkie Farr & Gallagher LLP.

  • No More Excise Tax On Most Foreign Reinsurance Contracts

    David C. Spitzer

    In Validus Reinsurance, the D.C. Circuit held that Section 4731 excise tax does not apply to wholly foreign retrocession agreements. The Internal Revenue Service agreed and recently released a ruling — overturning a prior IRS ruling — expanding that exclusion to wholly foreign reinsurance contracts as well, say David Spitzer and Jonathan Rhein at Sullivan & Cromwell LLP.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.