Practice Areas
Insurance
-
January 27, 2012
AIG Avoids $7M Claims Over Utah Mine Coverage
A Utah federal judge on Friday dismissed a $7 million suit against American International Group Inc. over coverage for the 2007 Crandall Canyon Mine collapse that killed six miners, finding the court did not have jurisdiction over AIG.
-
January 27, 2012
Health Law Can Stand Even Without Mandate: White House
The Obama administration told the U.S. Supreme Court on Friday that the Patient Protection and Affordable Care Act could survive almost intact even if the central mandate requiring all individuals to have health insurance were deemed unconstitutional.
-
January 27, 2012
Texas Denied Waiver On Health Reform Premium Rules
The federal government on Friday nixed Texas' request to delay the implementation of new health care reform rules limiting what insurance companies can spend on overhead, finding that the restrictions would not destabilize the Texas health care market.
-
January 27, 2012
Policy Dictates Insurers' Right To Restitution: Utah Court
The Utah Supreme Court ruled Tuesday that an insurer cannot seek restitution from a policyholder unless a policy expressly allows it, giving a boost to a sports organization battling U.S. Fidelity and Guaranty Co. over a settlement in an underlying personal injury suit.
-
January 27, 2012
McGuireWoods Snags K&L Gates Insurance, Environment Pro
McGuireWoods LLP has snagged an insurance and environmental litigation specialist from K&L Gates LLP, expanding the commercial litigation department in its Pittsburgh office, the firm said Friday.
-
January 27, 2012
Judge Won't Toss Same-Sex Couples' CalPERS Insurance Case
A California federal judge on Thursday refused to toss a class action by state employees over federal tax provisions that exclude same-sex spouses and domestic partners from long-term care insurance coverage by the California Public Employees' Retirement System.
-
January 27, 2012
Property Manager's Hurricane Wilma Coverage Suit Survives
A Florida federal judge refused Friday to grant Arch Specialty Insurance Co.'s bid to toss an $8.5 million coverage suit for damage to apartment complexes from Hurricane Wilma, rejecting its argument that the property management company seeking coverage had no insurable interest.
-
January 27, 2012
Countrywide Fights Lower Fraud Bar In Insurer Suits
Bank of America Corp.'s Countrywide Financial Corp. on Wednesday appealed a New York state judge's decision limiting what monoline insurers must show to put Countrywide on the hook for billions of dollars in losses from securitized mortgages they insured.
-
January 27, 2012
Insurance Watchdog Investigating Lap-Band Centers: Aetna
Aetna Inc. is cooperating with a California insurance department probe into possible fraud against its members by medical centers affiliated with 1-800-Get-Thin that perform weight loss surgery using Allergan Inc.’s Lap-Band, the insurer confirmed Friday.
-
January 27, 2012
Deutsche Wins Longer Notice Period In 9/11 Coverage Row
A Delaware state judge on Wednesday extended the acceptable period for several Deutsche Bank AG units to provide notice to their insurers in suits seeking coverage for the claims of workers injured during cleanup of Deutsche Bank buildings damaged in the 9/11 attacks.
-
January 26, 2012
Chartis Affiliate Dealt Setback In Drywall Coverage Suit
A Colorado state magistrate judge dealt a blow to a Chartis Inc. affiliate last week by ruling that Massachusetts, rather than Florida, law applies to the policy it issued to a building materials company pursuing coverage of defective Chinese drywall claims.
-
January 26, 2012
Insurer Tries To Dodge Coverage In Robosigning Actions
An insurance company asked a Virginia federal judge Monday to void its obligation to insure a client law firm in class actions accusing the firm of running an illegal “foreclosure factory” where attorneys robosigned each others' names to affidavits in foreclosure proceedings.
-
January 26, 2012
Insurers Fail To Pare Construction Defect Coverage Suit
American International Specialty Lines Insurance Co. and Lexington Insurance Co. lost their attempt Wednesday to partially shut down a suit seeking coverage for allegedly faulty work performed by subcontractors and suppliers for two home construction companies.
-
January 26, 2012
Lloyd's, LandAmerica Strike $38M Deal In E&O Coverage Row
The trustee liquidating a LandAmerica Financial Group Inc. subsidiary asked a Virginia bankruptcy court on Thursday to approve a nearly $38 million settlement with Lloyd's of London underwriters over errors and omissions insurance policy claims.
-
January 26, 2012
Hospital Groups Clash Over Doc Request In Competition Battle
Hospital network West Penn Allegheny Health System Inc. told a Pennsylvania federal judge on Thursday that rival UPMC's request for information in an antitrust case against UPMC was in reality a fishing expedition designed to hamper a $475 million merger between West Penn and insurer Highmark Inc.
-
January 26, 2012
1st Circ. Grounds Travel Co.'s Contract Coverage Claims
The First Circuit on Thursday ruled that travel company Lopez & Medina Corp. is not entitled, under a commercial general liability policy, to $10 million in coverage surrounding breach of contract claims against an airline with which it had a brief relationship.
-
January 26, 2012
AIG Slapped With Investor Action Over Complex Equities
An American International Group Inc. shareholder lodged a proposed class action against the insurance giant and its board of directors on Wednesday, accusing them of creating overly complex financial products designed to raise sorely needed capital at the expense of unsophisticated public investors.
-
January 25, 2012
Referee Recommends $2M Attys' Fees For Union In Ace Case
Ace American Insurance Co. should pay a labor union $2.3 million in attorneys' fees in connection with a coverage suit over a $17 million verdict in an underlying defamation case, a New York state court special referee said Monday.
-
January 25, 2012
State Farm Wins Provider Reimbursement Fight In 11th Circ.
The Eleventh Circuit on Wednesday upheld the dismissal of Coastal Neurology Inc.'s putative class action accusing State Farm Mutual Automobile Insurance Co. of unlawfully limiting Florida health care providers' reimbursements.
-
January 25, 2012
Insurer Can't Rebuild Case In Construction Defect Suit
A federal judge in Washington state on Wednesday again rejected Virginia Surety Co. Inc.'s argument that it did not have to cover a contractor in a construction defect suit because it was not a primary insurer, refusing to reconsider the previous ruling.
Expert Analysis
-
Defining The Scope Of The Administrative Exemption
The California Supreme Court’s decision in Harris v. Superior Court is good news for California employers, as it essentially validates a number of previous lower federal and state court decisions that had found insurance adjusters exempt, says Lloyd Aubry of Morrison & Foerster LLP.
-
A Health And Welfare Benefit Year In Review
2011 was yet another busy legislative and regulatory year for health and other welfare benefits, keeping benefits practitioners and plan sponsors on their toes for most of the year. Major legislation, regulations and other federal guidance that either became effective or was issued in 2011 have had — or will have — a profound effect on health plans and other welfare benefits, say John Hickman and Ashley Gillihan of Alston & Bird LLP.
-
The Nonoccurrence Of Greenhouse Gas Emissions
Emitters of greenhouse gases now more than ever need to be keenly aware of the exact terms of their insurance coverage policy, as insurers will be able to use the Virginia Supreme Court's recent decision in AES Corp. v. Steadfast Insurance Co. to argue that greenhouse gas emissions do not constitute an occurrence under a standard general liability policy, say Joseph Jean and Kimberly Diamond of Lowenstein Sandler PC.
-
'Superior' Strength — How To Bend Barred Claims
The Bankruptcy Court for the Southern District of Texas recently recognized in In re Superior Offshore International Inc. that a claim discharged against the debtor may still be pursued nominally against the debtor to seek recovery from a nondebtor source. In addition to insurance policies, this decision could be applied to similar contexts involving guarantors, say Adam Rogoff and Anita Wong of Levin Naftalis & Frankel LLP.
-
Another Look At W-2 Reporting Requirements
The IRS has clarified the requirement under the Affordable Care Act to report the cost of employer-sponsored health coverage on annual W-2 forms. This applies to most employers, including federal, state and local government entities, churches and other religious organizations, and employers not subject to continuation coverage requirements under COBRA, say attorneys with Proskauer Rose LLP.
-
State Law Split: Transactions Assigning Insurance Rights
Two recent cases — Continental Ins. Co. v. Wheelabrator Technologies Inc. and Illinois Tool Works Inc. v. Commerce & Industry Ins. Co. — highlight the importance of the question of which state’s law applies to an assignment of rights under insurance policies, which is especially relevant in transactions involving companies with long-tail liabilities such as environmental and asbestos claims, say attorneys with Barnes & Thornburg LLP.
-
Broadening The Field Of Acceptable Expert Witnesses
There are many pitfalls in using the same expert witnesses over and over again. In choosing an expert, you should look to someone who has had real-life experience in the area that requires the expert testimony, which does not always mean the person with the most academic degrees, says Donald Chance Mark of Fafinski Mark & Johnson PC.
-
Clarifying 'Bodily Injury' In Abuse Cases
In light of the Delaware Superior Court’s broad interpretation of the definition of “bodily injury” in insurance coverage litigation between the Oblates of St. Francis de Sales Inc. and U.S. Fire Insurance Co., it appears highly likely that if there is no dispute that sexual abuse occurred during a policy period, Delaware courts will find that “bodily injury” occurred as a matter of law, say David Baldwin and Wendy Voss of Potter Anderson & Corroon LLP.
-
Mid-Arbitration Is Not The Time For Complaints
Under the Seventh Circuit's ruling in Blue Cross v. BCS, reinsurers and ceding companies can expect little help from federal courts in resolving arbitration-related disputes mid-arbitration. Any disputes over arbitration procedure or even the scope of a proceeding must be raised in court either before arbitrators are appointed or wait until the arbitration is completed, says Brett Ludwig of Foley & Lardner LLP.
-
The Underwriter’s Role Against Contra Proferentem
As emphasized by recent court decisions examining application of the “sophisticated insured” exception, the insurer who is mindful of this exception during the drafting and negotiation process can be in a better position to effectively defend against contra proferentem should a dispute as to policy interpretation arise, say Christopher Paar and Elizabeth Kniffen of Zelle Hofmann Voelbel & Mason LLP.