Attention has shifted sharply this week from obvious glitches with the Affordable Care Act’s federal marketplace to inaccurate consumer information transmitted to insurance companies, which experts say reflects rising concern about back-end problems as well as a political calculation by health reform critics whose arguments are being undermined by steady website improvements.
Although the Internal Revenue Service successfully developed a computer system that calculates automatic tax credits under the Affordable Care Act, the system needs improvements to security, fraud detection and accuracy, according to an IRS watchdog report released Tuesday.
Ford Motor Co. urged the U.S. Supreme Court to not take up an insurer’s request to decide whether the Comprehensive Environmental Response, Compensation and Liability Act allows subrogation recovery for environmental cleanup expenses, saying Monday that there is no circuit conflict.
The Pennsylvania Superior Court took an expansive reading of insurers’ obligations to commercial policyholders in a ruling Tuesday, concluding that a general liability coverage provider is required to defend product liability claims.
The University of Notre Dame on Tuesday took a second crack at the Affordable Care Act’s contraception mandate, reiterating its claim that the rule is an unlawful government intrusion into the school’s freedom to practice religion.
Gov. Tom Corbett’s administration argued Monday that a lawsuit brought by a suburban Philadelphia couple challenging the constitutionality of Pennsylvania’s ban on same-sex marriage was barred by principles of sovereign immunity.
Markel Insurance Co. will pay $3.75 million to settle New York's claims that it overcharged college students on their health and other insurance plans, prosecutors said Tuesday.
A New Jersey federal judge ruled Monday that a chiropractor may pursue his overpayment allegations against UnitedHealth Group even though his patients are no longer insured by the company, saying the patients were still subject to the health insurer's overpayment recoupment procedures.
Independence Blue Cross squared off with chiropractors accusing its health plans of clawing back payments in violation of the Employee Retirement Income Security Act, arguing that the plaintiffs are not beneficiaries under ERISA, as a bench trial kicked off in Illinois federal court Monday.
A CVS Caremark Corp. unit will pay $4.25 million to the federal government and five states to settle a False Claims Act whistleblower suit alleging it defrauded government insurance programs by not reimbursing expenses that should have been covered by private insurers, according to the U.S. Department of Justice.
Both critics and supporters of financial reform say problems with the Financial Stability Oversight Council's construction have caused it to fall short of providing the market oversight and protection that is needed in order to prevent a future financial crisis.
An affiliate of Chinese development conglomerate Shui On Group has sold an office property in Chongqing to Sunshine Life Insurance for 2.4 billion yuan ($394 million) in an effort to expedite investment turnaround, Shui On announced Friday.
The New Jersey Assembly's deputy speaker last week introduced a bill to help the construction industry secure insurance for property damage and injuries from faulty work, citing disagreements among courts on whether liability policies covers such losses.
A suburban Philadelphia court clerk told the Pennsylvania Supreme Court on Monday that a September decision ordering him to stop issuing marriage licenses to same-sex couples in defiance of state law would require him to violate his oath of office to uphold the U.S. Constitution.
A captive insurer controlled by an Ernst & Young LLP affiliate isn't entitled to attorneys' fees in its $10 million dispute with a Zurich Insurance Group reinsurance affiliate over tax strategy litigation, a New York state judge ruled during a hearing Monday.
The Internal Revenue Service on Friday published final rules clarifying what health insurers and plans will be subject to a new annual fee established by the Affordable Care Act, clearing up that it will not be applied to stop-loss coverage.
With victories including defeating a group of insurers’ bid to avoid hundreds of millions of dollars in asbestos coverage and convincing a judge that some carriers had to cover damages in privacy litigation, Kasowitz Benson Torres & Friedman LLP’s Robin Cohen has secured her spot on Law360’s list of Insurance MVPs.
A proxy battle between MFC Industrial Ltd. and its largest investor, IAT Reinsurance Co. Ltd., heated up on Monday with both sides trading jabs and reaffirming their respective board nominees ahead of this month's annual meeting.
Free-market groups on Monday urged banking regulators to create a path for surplus lines insurers to provide flood coverage on mortgaged property and to set up protections against flood policies that offer little or no coverage.
The Federal Housing Finance Agency on Monday announced the completion of a major revision to guidelines outlining the minimum requirements for private mortgage insurance policies, aiming to provide stronger protections for policyholders and make claims processing more efficient.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
If industry executives did not suffer previously from heartburn when thinking about the Consumer Financial Protection Bureau’s complaint process, now is the time for them to reach for the antacids, says Brett Kitt, counsel with Greenberg Traurig LLP and former senior counsel at the CFPB.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
In upholding a general liability policy involving medical data breach, a California federal court in Hartford Casualty Insurance Company v. Corcino & Associates underscored that there may be valuable data breach coverage under so-called “traditional” or “legacy” policies that should not be overlooked, says Roberta Anderson of K&L Gates LLP.
The disconnect between the law and business reality — and the resulting risk exposure — is precisely what faces resellers of consumer credit reports today when it comes to producing “tri-merge” reports that correctly recite inaccurate information produced by one or more of the three major credit bureaus, says Ross Currie at Dinsmore & Shohl LLP.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.
Interpreting Oregon law, the Ninth Circuit ruling in Anderson Brothers Inc. v. St. Paul Fire & Marine Insurance Co. is significant for policyholders because it refutes the position frequently taken by insurance carriers that they will defend only actual lawsuits filed in courts of law and that a potentially responsible party demand letter from the U.S. Environmental Protection Agency does not trigger the policies’ duty to defend, say attorneys with Hunton & Williams LLP.
It seems that by publicizing “voluntary” permissible exposure limits, the Occupational Safety and Health Administration can skip the administrative rulemaking process and substitute tort plaintiffs — and workers’ compensation claimants — for OSHA regulators in enforcing lower PELs, say James Scadden and Samuel Jubelirer of Gordon & Rees LLP.