• September 10, 2014

    Kaiser Accused Of Dumping Mentally Ill Patients

    Kaiser Permanente Insurance Co. forces severely disabled psychiatric patients to cancel their insurance plans so that they can be transferred to public facilities and receive treatment, a practice that is in violation of an anti-discrimination law, according to a proposed class action filed Tuesday in California.

  • September 10, 2014

    Fla. Judge Vacates His Gay Marriage Ruling On Technicality

    A Florida woman will have to wait for a final judgment dissolving her same-sex Vermont civil union after the judge on Tuesday vacated his earlier ruling overturning Florida's ban on same-sex marriage because he found she had not properly notified the state of her case.

  • September 10, 2014

    Medical Supplier Wants TCPA Suit Axed After $9M Deal Halted

    Medical supply company Doctor Diabetic Supply LLC urged a Florida federal judge on Tuesday to dismiss a medical practice’s class action alleging it sent unsolicited junk faxes, arguing the practice no longer has standing after the judge denied an $8.7 million deal that required most of the recovery to come from insurers.

  • September 10, 2014

    ACE Insurance Off The Hook For Real Estate Antitrust Costs

    A Michigan federal judge ruled Tuesday that ACE American Insurance Co. doesn’t need to cover costs from an antitrust suit against a real estate association it insured, because they relate to litigation underway before the ACE policy took effect.

  • September 10, 2014

    Cigna Disputes Fraud Exemption In ERISA Coverage Fight

    Cigna Corp. on Wednesday pushed the Pennsylvania Superior Court to overturn a decision shielding its excess insurers from liability in a national Employment Retirement Income Security Act class action brought by the company’s employees over benefit plan changes, arguing a fraud exemption was inaccurately applied.

  • September 9, 2014

    Detroit, Syncora Reach Tentative Deal Over City's Debt

    Detroit and Syncora Holdings Ltd. have reached a tentative deal in which the bond issuer will support the city's bankruptcy exit plan in exchange for 26 cents per dollar for Detroit's outstanding debt, among other conditions, a source close to the settlement confirmed Tuesday.

  • September 9, 2014

    Excess Insurer Can't Duck 5th Circ. Ruling On Ike Coverage

    A Texas federal judge on Tuesday denied National Liability & Fire Insurance Co.’s bid to determine whether a policy it negotiated with W&T Offshore Inc. would alter its liability under a Fifth Circuit ruling that it and other excess insurers were on the hook for damage the company sustained during Hurricane Ike.

  • September 9, 2014

    Ironshore Says Policy Doesn’t Cover Shamoun Fee Dispute

    Ironshore Indemnity Inc. told a Texas federal judge on Monday that it shouldn’t have to face Shamoun & Norman LLP’s $1 million suit seeking coverage for a dispute with a former client, arguing the client’s claims don't include malpractice allegations that would trigger its policy.

  • September 9, 2014

    Judge To Wait For Texas Prompt Pay Ruling In Aetna Case

    A Texas federal judge on Tuesday told an Aetna Inc. unit that she would defer to a state court on the question of whether the Texas Prompt Pay Act applies to self-funded insurance plans, in the insurer's $60 million dispute with a North Texas hospital chain.

  • September 9, 2014

    American Guarantee Ducks Coverage In Sausage Co. Row

    A Pennsylvania federal judge ruled Tuesday that excess insurer American Guarantee and Liability Insurance Co. did not act in bad faith by denying coverage to sausage company Maglio Fresh Food in an underlying suit alleging it disparaged the products of a competitor.

  • September 9, 2014

    NJ Supreme Court Mulls New Bad Faith Insurance Standard

    Attorneys for two motorists told the New Jersey Supreme Court on Tuesday to create a new judicial standard around bad faith claims in insurance coverage disputes, arguing current standards give insurers free rein to reject arbitration awards and discourage insureds from pursuing claims.

  • September 9, 2014

    EmblemHealth Unit Settles NY Probe Of Out-Of-Network Costs

    A unit of New York health insurer EmblemHealth Inc. has established a $3.5 million fund to repay members after an investigation into complaints that the company didn’t do enough to warn New York City workers about out-of-network expenses under one of its plans, the state's attorney general said on Tuesday.

  • September 9, 2014

    5th Circ. Told Texas Gay Marriage Ban 'Defies Logic'

    Two Texas couples told the Fifth Circuit on Tuesday that the state’s prohibition against same-sex marriage serves no purpose but to deprive them of their constitutional rights and that a district court’s decision blocking enforcement of the ban should be upheld.

  • September 9, 2014

    Latham, Linklaters Guide PE Firm's Insurance Broker Buy

    Private equity firm TA Associates Inc. will invest in Groupe CIPRES, the French insurance policies wholesale broker's parent company Groupe Molitor said Tuesday.

  • September 8, 2014

    9th Circ. Takes On Same-Sex Marriage With Hearing On 3 Bans

    The Ninth Circuit heard oral arguments Monday in three separate cases challenging same-sex marriage bans in Idaho and Nevada, as well as a voter-led ban in Hawaii that has already been overtaken by a 2013 state law legalizing same-sex marriage.

  • September 8, 2014

    Opponents Of ACA Birth Control Mandate Vow To Fight On

    Foes of the Affordable Care Act’s birth control mandate on Monday promised to keep battling the regulation at the Tenth Circuit, saying that the Obama administration’s latest policy tweak simply violates religious freedoms in a new manner.

  • September 8, 2014

    Insurance Co. Escapes Title Policy Tax Row In NJ Court

    A New Jersey appeals court on Monday refused to revive a lawsuit alleging that First American Title Insurance Co. should have protected an investment group against pending tax appeals on property it purchased, saying a mere possibility of taxation doesn’t qualify as a title defect.

  • September 8, 2014

    Edwards Wildman Taps Ex-Fortress Atty For NYC Office

    Edwards Wildman Palmer LLP has snagged a former Fortress Investment Group LLC attorney as a new partner for its insurance and reinsurance practices, who will focus on advising hedge and equity funds, investment banks, and insurers, the firm announced Monday.

  • September 8, 2014

    GAO Chides HHS On Price Of Ark. Medicaid Expansion

    The U.S. Government Accountability Office on Monday accused the U.S. Department of Health and Human Services of potentially costing taxpayers hundreds of millions of dollars by relying on questionable data when approving Arkansas’ private Medicaid expansion.

  • September 8, 2014

    NJ Court Frees Golf Club From Live-In Worker's Injury Suit

    A New Jersey appellate panel on Monday freed a golf club from a negligence suit filed by its superintendent, ruling that although the superintendent’s injury was compensable despite taking place in his on-site residence, the club is shielded by statutory employer immunity.

Expert Analysis

  • 9th Circ. Fails Innocent Insureds In Diocese Case

    James Murray

    In an argument that turns insurance law on its head, the Ninth Circuit's majority in Interstate Fire & Casualty Co. v. Roman Catholic Church of the Diocese of Phoenix appeared to accept the insurer’s argument that if any claim fell within the scope of an exclusion, then all coverage for the underlying settlements was eliminated, regardless of the actual breadth of the exclusionary language, say attorneys at Dickstein Shapiro LLP.

  • Congress Won't Allow Medicare To Go Bankrupt

    Annemarie Kelly

    Despite congressional gridlock over how best to preserve Medicare's long-term solvency, this is not the first time policymakers have been concerned about the program's sustainability and, if history is any indication, Congress will not allow Medicare to go bankrupt, says Annemarie Kelly of Kaplan University.

  • Compliance Reigns Supreme As In-House Demographics Shift

    James A. Merklinger

    With more and more traditionalists and baby boomers retiring, the pendulum in corporate law departments will continue to swing toward younger generations. The demographic shift underscores the shift in the skills that different generations prioritize — notably, nonlegal skills, says James Merklinger of the Association of Corporate Counsel.

  • Collaboration In The Shadow Of The Billable Hour

    Josh Mait

    The billable hour may never go away, but there are strategies that attorneys can adopt to combat the negative consequences that come from a bill, bill, bill mentality, says Josh Mait of Relationship Science LLC.

  • Timely Notice For NJ Insurance Claims Just Got Harder

    Robert D. Chesler

    The New Jersey Appellate Division's ruling in Templo Fuente De Vida Corp. v. National Union Fire Insurance Company of Pittsburgh PA takes the phrase “as soon as practicable” and makes it easier for insurance companies to avoid their coverage obligations under a claims-made policy — it is a major setback for policyholders and those who give notice on their behalf, say attorneys at Anderson Kill PC.

  • Unclaimed Property Law In The Spotlight

    Thomas D. Cunningham

    With budgets becoming increasingly stretched, state regulators have shown renewed vigor in enforcing unclaimed property laws, spawning increased litigation and bringing to the fore the question of whether life insurers must affirmatively search for potentially deceased insureds, say Thomas Cunningham and Jen Won of Sidley Austin LLP.

  • Public Adjusters Do Not Have Free Pass To The Stand

    Shannon O'Malley

    The Western District of Texas’ recent decision in Falcon v. State Farm Lloyds is a reminder that licensed public adjusters do not automatically qualify as experts on insurance bad faith — which aligns with the U.S. Supreme Court’s view that trial court judges must act as “gatekeepers” who keep unqualified public adjusters off the stand, say Shannon O'Malley and Tyler McGuire of Zelle Hofmann Voelbel & Mason LLP.

  • Insurers Be Warned, Your Communications Are Discoverable

    Elizabeth V. Kniffen

    Klein v. Federal Insurance Co. and National Union Fire Insurance Co. of Pittsburgh PA v. Donaldson Co. Inc. both involved requests for production of reinsurance information and illustrate that courts are willing to set aside objections when the party seeking production can articulate the relevance of the communications beyond the interpretation of the underlying policy, says Elizabeth Kniffen of Zelle Hofmann Voelbel & Mason LLP.

  • The ACA Has Made The Collateral Source Rule Obsolete

    Christopher R. Daily

    While a majority of jurisdictions that have considered the collateral source rule have held that a plaintiff can present the amount a health care provider initially billed — not merely the amounts later paid — this logic was rooted in a time when having insurance was a "fortuitous" luxury, something that must be rethought given the Affordable Care Act's insurance mandate, say Christopher Daily and Jonathan Huber of Miles & Stockbridge PC.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.