American Family Mutual Insurance Co. told a New York federal court Wednesday that the liquidators of Mariah Re Ltd. could not reel back the $100 million the reinsurer paid for storm losses, arguing the payment was based on accurate data.
The owner of several nightclubs in Seaside Heights, N.J., frequented by the cast of "The Jersey Shore," has launched a suit against Lloyds of London and affiliates, seeking coverage for damages caused by Superstorm Sandy, according to a complaint removed to New Jersey federal court Thursday.
A D.C. federal judge mulled Friday whether to toss the Roman Catholic Archdiocese of Washington's challenge to the Affordable Care Act's contraception mandate as the church, several religious charities and the federal government argued whether new accommodations have alleviated their religious freedom concerns.
The Roman Catholic dioceses of Pittsburgh and Erie won a preliminary injunction on Thursday blocking provisions of the federal Affordable Care Act mandating that they provide contraceptive and sterilization coverage as part of insurance plans offered to employees of religiously affiliated schools and charitable entities.
Balboa Insurance Co. on Thursday asked a New York federal judge to let it appeal her ruling barring its argument that government-approved premiums are unassailable in a class action alleging it paid GMAC Mortgage LLC kickbacks for force-placing policies, saying the matter is too important to await a final judgment.
Everest National Insurance Co. evaded class claims Tuesday of illegally charging homebuilding contractors to insure a risk explicitly excluded from coverage, when a New York appeals court held that its premium rates were state-approved and therefore reasonable.
California’s health insurance exchange Thursday rejected the Obama administration’s proposal that consumers be allowed to renew policies that lack the Affordable Care Act’s required benefits, a win for insurers worried that the proposal would dissuade Americans from shopping in online marketplaces.
The U.S. Department of Health and Human Services said Friday it's delaying by one month the deadline for insurers to file rates for the Affordable Care Act's second year, helping companies gauge whether a rocky rollout has scared off healthier customers and forced premiums to rise.
The botched rollout of HealthCare.gov has boosted the Federal Information Technology Acquisition Reform Act's chances of passage, but experts warn that the current version of the bill doesn't go far enough in addressing the systematic weaknesses in the government's technology purchases and wouldn't have rescued the insurance exchange site.
As the U.S. Supreme Court considers a case that could alter the balance of work between federal district and bankruptcy courts, members of the corporate bankruptcy community worry that a ruling limiting the scope of a bankruptcy judge’s authority could set the system back decades.
BP PLC on Wednesday told the Texas Supreme Court it should be covered by Transocean Ltd.’s $750 million insurance policy for the Deepwater Horizon oil spill, arguing that to rule otherwise would create great uncertainty about oil and gas insurance contracts statewide.
The Obama administration on Thursday released a series of standardized letters offering insurers and state officials guidance on how to provide information to consumers required under the president’s one-year extension for health care plans that do not comply with Affordable Care Act mandates.
A New Jersey appeals court ruled Thursday that a lower court improperly allowed simultaneous discovery on underinsured motorist and bad faith claims, which were bifurcated for trial in a coverage suit against Government Employees Insurance Co., saying it prejudiced GEICO and wasted court resources.
The Second Circuit on Thursday upheld a lower court’s ruling that Philadelphia Indemnity Insurance Co. has no duty to cover securities brokerage David Lerner Associates Inc. in litigation over its alleged misleading of investors in a real estate investment trust, saying policy exclusions apply.
A health care consumer advocate on Thursday argued that recent concerns over mass cancellations under the Affordable Care Act overstate the real impact of the law, claiming more than 99 percent of nonelderly consumers who lose private coverage will subsequently receive some form of government aid.
President Barack Obama suggested Wednesday that leaders of the National Association of Insurance Commissioners meet with U.S. Treasury Secretary Jack Lew to coordinate more closely on issues being tackled by the Financial Stability Board and the International Association of Insurance Supervisors.
A New Jersey federal judge on Wednesday limited a class certification bid by a group of health care providers in a suit targeting health insurer UnitedHealth Group Inc., over reimbursement amounts they claim it retroactively reduced in violation of the Employee Retirement Income Security Act.
A Pennsylvania commercial roofer pushing for indemnity from Nationwide Mutual Insurance Co. in a class action over alleged violations of the Telephone Consumer Protection Act was unaware that faxes sent on its behalf could violate the law, a company attorney told a Third Circuit panel Thursday.
Aviva Life and Annuity Co. and an affiliate have agreed to fork over $4 million to California, Florida, Pennsylvania and other states and reform business practices to settle claims that they improperly used a national death database, officials said Thursday.
A Pennsylvania insurer on Tuesday settled a suit brought by a risk pooling group for Catholic universities that sought $1.1 million in indemnity after a former LaSalle University football player sued the school and a nurse after suffering a brain injury during a game.
Calls have been growing for a new Glass-Steagall Act and an impressive list of economists, financial experts and bankers are advocating the orderly breakup of big banks. Despite all of these efforts, regulators have not fully fixed the deficits that most experts agree caused the meltdown of the global financial system from 2007 to 2009, says Frederick Pomerantz of Wilson Elser Moskowitz Edelman & Dicker LLP.
Just weeks after a California appeals court held that an employer could be liable for an employee’s auto accident occurring while she was running personal errands on her way home after work, another state appeals court has revisited respondeat superior in the context of a post-work auto accident. While the two cases are distinguishable, frustration for clients and insurers is all but assured, say Gregory Smith and Cristina Guido of Haight Brown & Bonesteel LLP.
With the Superior Court of Pennsylvania’s recent decision in Stepanovich v. McGraw and State Farm Insurance, trial courts across the commonwealth should freely permit insurance company defendants to be identified to jurors in consolidated negligence and uninsured and underinsured trials, without fear of violating Pennsylvania Rule of Evidence 411, says Scott Cooper of Schmidt Kramer PC.
Approximately 25 insurers now offer cyber insurance, and all these carriers offer coverage for both first-party and third-party losses. The market is very dynamic, with coverage varying from insurer to insurer. In some instances, the policy offered is not even named a “cyber policy,” say L.D. Simmons and Josh Davey of McGuireWoods LLP.
The New York Supreme Court’s recent summary judgment decision in Le Bel v. Donovan concerns the continued existence of a law firm upon the death of a partner. The decision illustrates that it is very difficult to obtain certainty, even where the partnership agreement explicitly dealt with this very situation, say Joan Secofsky and Richard Janvey of Diamond McCarthy LLP.
Texas courts have taken a strict approach to applying the heightened plausibility standard for a well-pled complaint to breach of contract claims. Nonetheless, it is surprising that the court in Radenbaugh v. State Farm Lloyds was willing to throw the plaintiff’s claim out on failure to specifically allege that State Farm issued him a property insurance contract, says Amanda Ghagar of Zelle Hofmann Voelbel & Mason LLP.
In the bankruptcy context, a D&O insurance policy is the last line of defense for directors and officers to protect their personal assets. At a minimum, directors and officers should review the scope of defense promised in the policy, how “mixed” claims will be addressed by the policy and the priority-of-payment provision, say Lynda Bennett and Eric Jesse of Lowenstein Sandler LLP.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
The global and national insurance regulatory communities remain in turmoil as they develop rules and measures to prevent another global financial meltdown. The National Association of Insurance Commissioners’ 2013 summer national meeting saw a continuation of the debate over major insurance regulatory reforms, say attorneys with Duane Morris LLP.
Recent events, from the Westgate Mall attack in Nairobi to the Lac-Mégantic train derailment in Quebec, underscore the need for in-house counsel to keenly weigh risks and benefits for their companies doing business on a multinational scale. There are a number of best practices to consider that set the right tone for mitigating risk, whether you are doing business in one or hundreds of locations around the world, says Veta Richardson, president and CEO of the Association of Corporate Counsel.