DirecTV has sued Factory Mutual Insurance Co. in California state court for not covering $23 million in losses from flooding that shut down a manufacturing plant in Thailand that supplies the company's hard drives, after FM said coverage didn’t extend to suppliers not under contract with DirecTV.
A Florida appeals court has denied two homeowners coverage from the state for sinkhole losses after their insurer went belly-up, finding that the suit was time-barred, but also suggesting that a longer statute of limitations on such claims may be in order.
Highmark Inc. and subsidiary Keystone Health Plan West Inc. filed a complaint in Pennsylvania federal court Friday against the state, alleging government officials' insistence that Highmark expand its provider network for a new Medicare Advantage offering is anti-competitive and unlawful.
The city of Detroit is close to reaching a settlement with holdout creditor Financial Guaranty Insurance Co., which has a more than $1 billion claim in the city's Chapter 9 bankruptcy case based on bonds it guaranteed, lawyers for the parties said Tuesday in Michigan bankruptcy court.
A Pennsylvania federal judge on Tuesday refused to throw out Scottsdale Insurance Co.’s suit against Refrigeration Service and Engineering Inc. seeking a declaration that the insurer isn’t responsible for defense costs from an ammonia contamination suit, finding RSE is properly named as a defendant.
An inspector general's striking new proposal to relax anti-kickback policies is an acknowledgment that the Affordable Care Act's vision of lower costs and higher-quality care may require hospitals, insurers and pharmacies to have more leeway to provide discounts and incentives that have long been off-limits, experts say.
Goldman Sachs Group Inc., Bank of America Corp. and 16 other global banks have agreed to new limits on their rights as counterparties in cross-border swaps transactions, a move the International Swaps and Derivatives Association said may help end the notion that some banks are "too big to fail."
Former Federal Reserve Chairman Ben Bernanke said at trial Friday in the U.S. Court of Federal Claims that he had been reluctant to offer American International Group Inc. a bailout during the 2008 financial crisis, but had not intended to “punish” the firm when approving the deal.
The U.S. Supreme Court refused Friday to grant an emergency stay preventing Idaho from issuing marriage licenses and recognizing same-sex nuptials from out of state, greenlighting the Ninth Circuit to enter an order allowing its ruling to go into effect.
A former Old Republic Home Protection Co. customer on Friday urged the Ninth Circuit to revive his putative class action alleging Old Republic rips off its customers, arguing the company’s home warranties are a consumer service regulated by state law, not insurance.
Pennsylvania's top prosecutor on Friday urged a state court to force Highmark Health to restore coverage to seniors after launching a new Medicare product that allegedly denies them in-network access to medical services, in violation of a July consent decree meant to guarantee that access to elderly clients.
Government Employees Insurance Co. can’t escape an overtime collective action by its telephone claims adjusters after the Second Circuit ruled Friday that it had questions about the employees’ allegedly exempt status under the Fair Labor Standards Act, reversing a summary judgment order in Geico's favor and sending the case to trial.
The Texas Supreme Court is set to weigh in on the interpretation of two terms commonly used in exclusions in commercial general liability policies, and attorneys say a ruling that the terms are ambiguous under state law would provide a huge boost to policyholders in property damage coverage litigation.
Camico Mutual Insurance Co. doesn’t need to cover all of accounting firm Heffler Radetich & Saitta LLP’s defense of a suit over an employee’s role in a $40 million scheme to defraud class action settlement funds, the Third Circuit said Friday, ruling that the insurer can recoup money spent defending the firm.
Corporate wellness programs have become increasingly attractive as employers look to reduce health care costs and avoid the Affordable Care Act's so-called Cadillac tax, but recent U.S. Equal Employment Opportunity Commission suits show they can come with legal risks. Lawyers offer three suggestions for employers that want to keep out of the EEOC's crosshairs while motivating workers to stay healthy.
In this week's Taxation With Representation, Ireland's Endo International PLC swallows Auxilium Pharmaceuticals Inc. in a $2.6 billion deal, and a Chinese insurer takes the iconic Waldorf Astoria New York hotel off of Hilton Worldwide Holdings Inc.'s hands in a transaction manned by attorneys from Fried Frank, Skadden and Simpson Thacher.
A California federal judge has ruled that a unit of Travelers Property Casualty Co. of America can’t deny coverage to former directors and officers of a defunct bank that was sued by the Federal Deposit Insurance Corp., ruling the exclusion terms of the bank’s policy are ambiguous.
An Indiana federal judge has freed Minnesota Lawyers Mutual Insurance Co. from defending malpractice lawsuits against a former Indianapolis attorney currently behind bars for victimizing his clients in a $4.5 million Ponzi-like scheme, ruling that the insurer was misled and can rescind the policies.
IAB Marketing Associates LP and others on Thursday agreed to pay $125 million to end the Federal Trade Commission’s allegations they duped consumers looking for health insurance into buying IAB memberships that gave some medical discounts.
Former Federal Reserve Chairman Ben Bernanke on Thursday defended allegedly more favorable lending terms other firms had received during the 2008 financial crisis compared to American International Group Inc., saying they were the result of necessary policy considerations, as trial continued in a shareholder suit over the insurer's bailout.
Despite congressional gridlock, a major bipartisan agreement reauthorizing the Biggert-Waters Flood Insurance Reform Act occurred in March. How? Grassroots activists undertook a relentless campaign to explain the national issues addressed in the law to leaders outside the Gulf Coast, says Larry Lavender of Jones Walker LLP.
Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.
The potential use of "tacit acceptance" by the International Maritime Organization to approve mandatory Polar Code regulations reflects how IMO decision makers may define "effective implementation" and raises legitimacy concerns to both substantive and technical requirements, says Adam Patrick Murray of the Arctic Law & Policy Institute.
Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.
Technology and automobile companies concerned about outdated software-related accidents should consider drafting statutes of repose applicable to autonomous vehicle liability — they would protect insurance companies too as they are generally drafted to stabilize the industry by eliminating stale claims from open-ended liability, says Michael Preciado of Snell & Wilmer LLP.
A policyholder’s counsel might consider sending discovery requests inquiring whether the insurer-defendant claims to have acted legally at all relevant times, which we suspect the insurer-defendant is likely to respond in the affirmative — if it does so, will it have waived the privilege? asks Joan Cotkin of Nossaman LLP.
SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.
Recent decisions from the Texas Supreme Court and the Dallas Court of Appeals show that under Texas law, an insurer bears the risk of improper conduct by its insured in depositing a claim payment without obtaining the proper endorsement of all payees, says David Winter of Zelle Hofmann Voelbel & Mason LLP.
An Illinois appellate court's recent ruling in St. Paul Fire and Marine Insurance Co. v. The City of Zion is the first since 1979 to address the issue of trigger for malicious prosecution claims and, in finding that coverage is triggered the year the underlying malicious acts first occurred, the holding seems to push the state toward the majority trend, say Adam Fleischer and Jordon Steinway of BatesCarey LLP.
Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.