• September 23, 2016

    Ex-Hockey Pro's Claims Preempted By ERISA, Insurer Says

    An insurance provider for National Hockey League players and a group of related parties sued by former Dallas Stars player Aaron Rome for allegedly mishandling a disability claim and wrongfully denying him benefits asked a Texas federal court on Friday for dismissal, saying Rome did not exhaust his administrative remedies.

  • September 23, 2016

    Insurers, Providers Trade Harsh Words On ACA Steering

    Federal regulators are hearing wildly divergent perspectives on improper steering of patients toward and away from Affordable Care Act plans, as insurers allege kickback-style financial assistance and health care providers allege discriminatory practices aimed at low-income Americans, newly released letters show.

  • September 23, 2016

    Ore. Defect Coverage Ruling Closes Loophole For Insurers

    The Oregon Supreme Court refused Thursday to allow an insurance company to second-guess a jury’s finding limiting a policyholder's liability for construction defect damages, a decision experts say closes a loophole for carriers to get a second bite at the apple once the issue of liability has been decided in a case.

  • September 23, 2016

    Liberty Mutual Says NYC School Injuries Are Not Covered

    Liberty Mutual Insurance asked a New York federal judge on Friday for a summary judgment that it need not defend New York City against three lawsuits alleging injuries that took place at various schools, saying the underlying suits are far outside the bounds of what it insures the city's school construction authority for.

  • September 23, 2016

    Insurer Can Recover Fees From Law Firm, 9th Circ. Says

    The Ninth Circuit ruled Friday that a law firm's malpractice insurer can claw back fees for a non-covered defense, finding — immediately after getting clarity from Alaska's Supreme Court on what the state's law says — that federal law preempts that state law.

  • September 23, 2016

    Brand Battles: 'Serial' Podcast Fights For Trademark On Name

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the producers of hit podcast "Serial" tell the board its name isn't generic, the Federal Emergency Management Agency takes aim at name it says was designed to mimic a federal flood insurance program, and two former BigLaw attorneys struggle to register their new firm name as a trademark.

  • September 23, 2016

    Jury Finds That Ex-Tech Execs Not Covered By D&O Policy

    Beazley Insurance Co. Inc. isn’t on the hook for settlements executed by a surveillance technology company's ex-directors to resolve litigation alleging the company failed to pay a business partner, a jury has decided.

  • September 23, 2016

    Liberty Can't Appeal Asbestos Cap Ruling, Court Finds

    Liberty Mutual cannot appeal a ruling that it could be liable for more than $10 million in asbestos personal injury claims against a policyholder, valve maker Fairbanks, because the time is not right, a New York federal judge said Thursday.

  • September 23, 2016

    DOJ 'Fomenting A Breakdown' Of $54B Merger, Anthem Says

    The U.S. Department of Justice is trying to sabotage a $54 billion merger between Anthem and Cigna by publicly airing internal memos that detail strife between the two insurers, according to a new filing from Anthem in D.C. federal court.

  • September 23, 2016

    Ill. Cos Must Pay Atty Fees On Hurt Workers' Future Med Costs

    Employers in Illinois must pay as attorneys’ fees 25 percent of the value of future medical expenses that injured workers recover from third parties in lawsuits, the state’s Supreme Court ruled on Thursday.

  • September 23, 2016

    Penn State Reaches Deal With Insurer Over Sandusky Claims

    Pennsylvania State University has settled its long-running legal fight with an insurer over claims stemming from the Jerry Sandusky sex abuse scandal, according to docket entries in Pennsylvania state court from Thursday and Friday.

  • September 23, 2016

    Rothstein Feeder Fund Agrees To Hutchison & Steffen Deal

    The liquidating trustee for an investment fund that fed into jailed attorney Scott Rothstein's $1.2 billion Ponzi scheme asked a Florida bankruptcy court Thursday to approve a $1.3 million settlement with Hutchison & Steffen LLC and its liability insurer, releasing the Las Vegas firm from a malpractice suit.

  • September 22, 2016

    Outside Evidence Allowed In Insurance Battle, 7th Circ. Says

    The Seventh Circuit on Thursday axed a ruling that Landmark American Insurance Co. must defend an insurance broker in a pair of suits over an alleged scheme to fraudulently induce credit unions to issue loans, finding the insurer can introduce evidence outside of the underlying complaints to dispute the broker's status as an insured.

  • September 22, 2016

    Alabama Judge Pares Down Sewage Injury Coverage Battle

    An Alabama federal judge on Thursday denied Evanston Insurance Co.’s bid for quick judgment on its claim that no coverage was owed a construction company facing underlying suits over property damage stemming from sewage, findingthat a pollution exclusion did not apply.

  • September 22, 2016

    Fla. Justices Spurn Pruco Life's Efforts To Void Policies

    The Florida Supreme Court on Thursday sank Pruco Life Insurance Co.'s bid to void policies acquired through alleged fraudulent schemes devised by people not connected to the insureds, refusing to create an exception to the state's two-year deadline for challenges to the validity of insurance policies.

  • September 22, 2016

    Carolinas HealthCare Scoffs At DOJ Antitrust Suit

    Carolinas HealthCare System on Wednesday derided a novel antitrust suit from the U.S. Department of Justice, saying the government hasn’t shown how competition suffered when the hospital chain prevented major health insurers from steering patients to rival hospitals.

  • September 22, 2016

    FDIC Wants Bond Payout After $210M Taylor Bean Misdirect

    The Federal Deposit Insurance Corporation sued Continental Casualty Co. on Thursday in an effort to collect on a $1.5 million bond issued to Platinum Community Bank after the bank misdirected $210 million worth of Freddie Mac funds, more fallout from the massive Taylor Bean & Whitaker mortgage fraud.

  • September 22, 2016

    Ore. Justices Reject Insurer's Challenge To Defect Coverage

    The Oregon Supreme Court upheld a lower court ruling putting American Family Mutual Insurance Co. on the hook for an award against a siding contractor blamed for water damage to a housing complex, holding Thursday that the insurer cannot relitigate the extent of its policyholder's liability.

  • September 22, 2016

    Insurer Says It Needn't Cover $8M Moldy Duct Replacement

    Allied World Assurance Co. (U.S.) Inc. contended Wednesday in a Colorado federal court suit that it isn’t required to indemnify a contractor for the roughly $7.9 million cost of removing and replacing moldy ductwork at the U.S. Strategic Command facility in Bellevue, Nebraska.

  • September 21, 2016

    Merion Tells Chancery Fidelity Underpaid $1.2B For LPS

    Merion Capital Group told the Delaware Chancery Court on Wednesday that shares of Lender Processing Services Inc. were really worth $50.46 apiece when Fidelity National Financial Inc. bought back its former spinoff roughly three years ago for $2.9 billion, arguing the deal undervalued the company by $1.2 billion.

Expert Analysis

  • How Appraisal Protects Against Texas Insurance Code Abuse

    Shannon M. O'Malley

    In recent months, multiple Texas courts have ruled that prompt appraisal award payments essentially end an insurer's exposure for breach of contract and extracontractual claims. By properly invoking appraisal provisions, insurers can avoid concerns about boilerplate statutory bad faith allegations, says Shannon O'Malley of Zelle LLP.

  • Practical Uses For Machine Learning In Health Care Cases

    Mihran Yenikomshian

    Machine learning can efficiently turn enormous volumes of both structured and unstructured data into something meaningful, without losing underlying details. Consultants with Analysis Group Inc. elaborate on how machine learning can be applied in the courtroom in terms of informing legal strategy, identifying relevant materials for experts, and enhancing expert testimony in health care litigation.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • New Jersey Joins National Majority On Contractor Insurance

    J. Stephen Berry

    The New Jersey Supreme Court has ruled that property damage caused by subcontractors' shoddy workmanship qualifies as an occurrence under the general contractor's liability insurance policy. This decision may be indicative of a larger trend involving one of the most frequently litigated insurance dispute questions of the past decade, say lawyers from Dentons.

  • Louisiana's Adoption Of Pro Rata Defense Cost Allocation

    Nicholas C. Cramb

    The Louisiana Supreme Court recently made its decision in Arceneaux v. Amstar Corp., holding that defense costs incurred by the insured should be allocated based on the period of coverage or self-insurance. Insurers should pay attention to this ruling to ensure that they do not agree to pay more than their pro rata share of defense expenses, say Nicholas Cramb and Lavinia Weizel of Mintz Levin Cohn Ferris Glovsky & Popeo PC.

  • Texas Courts' Consistent Inconsistency On Improper Joinders

    Todd M. Tippett

    In August, two different Texas federal courts heard two very similar insurance claims cases, but reached opposite decisions regarding whether or not the cases should be remanded to state court. This stems from the ambiguity of determining whether some multiparty insurance lawsuits are proper or not, according to Todd Tippert of Zelle LLP.

  • How CMS Plans To Steady An Unstable ACA Marketplace

    Cynthia J. Borrelli

    In the wake of market instability the Centers for Medicare and Medicaid Services has proposed benefit and payment parameters for 2018 to improve risk pools and make Affordable Care Act exchanges more attractive. However, if not accompanied by other regulatory measures, these provisions would have unintended consequences for the insurance market, says Cynthia Borrelli of Bressler Amery & Ross PC.

  • A Circuit Split Emerges As Lower Courts Weigh In On Spokeo

    David J. Lender

    Recent decisions by the Sixth, Eighth, Eleventh and D.C. Circuits interpreting Spokeo have led to conflicting interpretations of whether a violation of a right created by Congress, without more, could be sufficient for Article III standing. Because this issue impacts so many areas of law, many pending and new cases will be substantially impacted by the lower courts' decisions, say attorneys at Weil Gotshal & Manges LLP.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.