• October 21, 2014

    10th Circ. Lets Insurers Bow Out Of Pollution Exclusion Row

    The Tenth Circuit on Monday affirmed a lower court's decision that Ace American Insurance Co. and Zurich American Insurance Co. did not wrongfully deny Headwaters Resources Inc. coverage in product liability and pollution suits, saying that the policies clearly contained pollution exclusions.

  • October 21, 2014

    Anderson Kill Dodges $10M Malpractice Suit Over Insurer Row

    A New York judge on Tuesday threw out a health care company’s legal malpractice action that claims Anderson Kill PC botched an employment insurance coverage case, saying the plaintiff hasn't properly alleged that the firm was liable for $10 million in insurance losses.

  • October 21, 2014

    CORRECTED: OneBeacon Hit With $34M Verdict Over Dish Malpractice Case

    A Texas federal jury on Friday issued a $34 million verdict in favor of law firm T. Wade Welch & Associates to conclude a trial over whether OneBeacon Insurance Group Ltd. had to indemnify the firm against malpractice claims that its former client Dish Network Corp. brought after being sanctioned in antitrust litigation. Correction: An earlier version of the story incorrectly reported the amount of the verdict. The error has been corrected.

  • October 20, 2014

    CVS Developing Tobacco-Free Pharmacy Benefit Network

    CVS Health said Monday it was developing a new network of tobacco-free pharmacies, a move that has implications for employer benefit plans and that reportedly will require some consumers to pay additional copays to fill prescriptions at pharmacies that continue to sell cigarettes.

  • October 20, 2014

    With Lessons Learned, FHFA Lets Mortgage Giants Ease Credit

    The Federal Housing Finance Agency's plan to boost mortgage lending by allowing Fannie Mae and Freddie Mac to purchase loans with 3 percent down payments may stir housing bubble memories, but experts say better underwriting standards and other protections should prevent the worst subprime lending practices from returning.

  • October 20, 2014

    High Court Denies Blue Cross' Appeal In Hidden Fee Case

    The U.S. Supreme Court on Monday declined to hear Blue Cross Blue Shield of Michigan's appeal of a $5.1 million judgment against the insurer over allegations it charged an auto supplier hidden fees while administering its health plan, allowing a host of similar lawsuits to go forward, according to plaintiffs' firm Varnum LLP.

  • October 20, 2014

    Harbinger Battles For $50M Discount On OM Group Sale

    Harbinger Group Inc. locked horns with OM Group (UK) Ltd. over a $350 million insurance acquisition's terms Monday, with Harbinger claiming the London seller had no plan to cope with skeptical Maryland regulators and with OM insisting Harbinger seized on a regulatory stumble to unlawfully demand a $50 million price break.

  • October 20, 2014

    Chiropractors Can't Keep Excess Medicare Pay, Humana Says

    Humana Inc. is attacking a proposed class action in Ohio federal court accusing it of improperly recouping Medicare Advantage overpayments from chiropractors, saying the lawsuit clearly misreads federal law and would undermine anti-fraud efforts.

  • October 20, 2014

    2nd Circ. Denies Seneca's Bid For Reinsurer Reimbursement

    The Second Circuit has refused to overturn a lower court’s finding that Seneca Insurance Co. can’t claim reinsurance from Everest Reinsurance Co. in a wrongful termination suit, finding “no merit” in Seneca’s arguments that prejudgment interest should be considered part of its loss.

  • October 20, 2014

    2 More HCA Hospitals Added To Fla. PIP Coverage Class Suit

    A putative class action pending in Florida federal court against HCA Holdings Inc. for alleged overcharging of patients' personal insurance protection at one of its Florida hospitals has been expanded to include two additional facilities in the state.

  • October 20, 2014

    Detroit Could See Decision On Ch. 9 Exit Within Weeks

    The judge presiding over Detroit’s bankruptcy case said Monday that the city will likely find out in less than three weeks if it can exit the largest Chapter 9 in history under a plan that would erase more than $7 billion in debt and reinvest in essential services to reverse a half-century of civic decline.

  • October 20, 2014

    Aussie Insurer Medibank's IPO Could Reach $4.8B

    The initial public offering for Australian state-owned health insurer Medibank Private is expected to be worth AU$4.3 billion to AU$5.5 billion (US$3.7 billion to US$4.8 billion), making it one of the top 100 companies on the Australian Securities Exchange and a potential magnet for foreign investors, the government said Monday.

  • October 20, 2014

    Judge Sets Cleanup Cost Formula For Long Island Gas Plants

    A New York state judge has ruled that Century Indemnity Co. must use a pro rata allocation formula to determine cleanup costs for polluted manufactured gas plant sites on Long Island, New York, in a 17-year-old dispute pitting Century and others against current policyholder KeySpan Corp.

  • October 17, 2014

    Same-Sex Marriage Bans Fall In Alaska, Arizona, Wyoming

    In a flurry of decisions Friday, same-sex couples can now marry in Alaska and Arizona, while a federal judge in Wyoming struck down that state’s gay marriage ban, but stayed the ruling for a week pending an appeal.

  • October 17, 2014

    Judge Won't Sanction Insurance Brokers In Discovery Spat

    A Florida federal judge on Thursday denied Guarantee Insurance Co.'s bid for sanctions against its insurance agent and broker over alleged discovery violations, ruling the defendants had not acted in bad faith in the dispute over the handling of an underlying workers’ compensation claim.

  • October 17, 2014

    Mass Mutual Sues JPMorgan Over 'RetireSmart' Rights

    Massachusetts Mutual Life Insurance Co. on Friday asked a federal judge to cancel JPMorgan Chase & Co.’s trademarks for its “SmartRetirement” services and called for a declaration that the insurer’s own retirement services under the name "RetireSmart" don’t infringe those marks.

  • October 17, 2014

    Ex-AIG CEO Says Only Bailout Alternative Was Failure

    Former American International Group Inc. CEO Edward Liddy argued Friday that the only alternative the company had to accepting the Federal Reserve’s “relatively harsh” 2008 bailout offer was bankruptcy, saying even with its stringent conditions shareholders had ultimately benefited from the deal.

  • October 17, 2014

    MetLife Faces Tough Task In Challenge To SIFI Designation

    MetLife Inc. faces an uphill battle in its challenge to its proposed designation as a systemically important financial institution subject to Federal Reserve oversight, given factors such as the highly deferential standard of review favoring federal regulators, experts say.

  • October 17, 2014

    AIG Blasts IRS Economic Substance Claims In $306M Tax Row

    American International Group Inc. on Tuesday bashed the IRS for alleging that several transactions AIG used for foreign tax credits lacked economic substance, telling the Second Circuit the doctrine doesn't apply to the $306 million refund fight because the company complied with congressional standards.  

  • October 17, 2014

    Patient Seeks $2.5B From UnitedHealth Over Hep C Exposure

    Two United HealthCare Services Inc. units could face $2.5 billion in damages at a trial beginning Monday in Nevada over allegations they exposed customers to hepatitis C by knowingly referring them to contaminated endoscopy clinics, after a similar trial last year resulted in a historic $524 million verdict.

Expert Analysis

  • Is Your EPLI Covering The Right Risks?

    Darin J. McMullen

    As emerging technologies introduce new risks, and as wage-and-hour class actions proliferate, the hospitality industry finds itself with an ever-expanding target on its back. Consequently, businesses have an increasing need to maximize their employment practices liability insurance coverage for these growing potential liabilities, says Darin McMullen of Anderson Kill PC.

  • Are Academic Medical Centers Dead?: Part 2

    Norman G. Tabler Jr.

    Can academic medical centers be saved? Yes, but they must adapt their three components — hospital, medical school and set of faculty practice plans — to pursuing a single strategic plan and business strategy, with a priority on clinical care, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Are Academic Medical Centers Dead?: Part 1

    Norman G. Tabler Jr.

    Academic medical centers in the U.S. thrived from the postwar period into the 1980s but, due to weaker national economic growth, a steep decline in the percentage of employers providing health insurance and heightened consumer price sensitivity toward health care services, they now face extinction, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Undoing MICRA

    Mitchell J. Olejko

    It has been over 35 years since California became a leader in health care reform, addressing the malpractice insurance crisis in a measured way. The battle over Initiative 1606 will likely attract significant controversy and funding, and will be the subject of ongoing campaigns that will flood our mailboxes and dominate the media this fall, says Mitchell Olejko of Buchalter Nemer PC.

  • Pushing Employees To Work During FMLA Leave Can Backfire

    Anne R. Yuengert

    Although we don't know if the Eleventh Circuit's ruling in Evans v. Books-A-Million Inc. is a trend to provide expanded protection to pregnant workers, the case does make clear that simply paying employees who work during leave will not insulate the employer from an interference claim, says Anne Yuengert of Bradley Arant Boult Cummings LLP.

  • Critical Cyberinsurance Considerations For Utility Execs

    J. Wylie Donald

    Because cybercoverages are so varied, and the policy terms new and precise, a utility that decides to buy cyberinsurance without understanding its risks or analyzing the coverage offered may discover that it has unintentionally “gone bare” when a risk materializes, say J. Wylie Donald and Jennifer Black Strutt of McCarter & English LLP.

  • Texas Pro-Policyholder Case Will Impact Excess Insurers

    Kay M. Brady

    Had the court in Plantation Pipe Line Co. v. Highlands Insurance Co. sided with Highlands it would be difficult for policyholders to settle with underlying insurers for less than applicable limits without risking forfeiture of higher level coverage, say Kay Brady and Denise Yasinow of K&L Gates LLP.

  • The Great Digital Bank Robbery: Are You Ready?

    Daniel Garrie

    At some point, cybercriminals will strike a truly critical blow to American banks. The U.S. does not currently have the legal framework in place to efficiently handle a large-scale financial breakdown, but it is critically important that law firms engage client financial institutions in open dialogue concerning cybersecurity, says Daniel Garrie of Law & Forensics LLC.

  • Ill. Developers' Indemnity Rights Are Now Stronger

    Shelley Smith

    15th Place Condominium Association v. South Campus Development Team LLC has far-reaching, industrywide implications because it improves a developer’s indemnity rights against contractors in construction defect cases, says Shelley Smith of Udell Pomerantz & Delrahim Ltd.