A Washington federal judge on Friday granted National Union Fire Insurance Co. of Pittsburgh, Pa.'s bid to not defend Coinstar Inc. and Redbox Inc. in a putative class action accusing them of illegally keeping customers' rental histories and then using the information for marketing purposes.
As federal courts in New York and New Jersey begin to map out strategies to smoothly resolve the more than 1,400 Superstorm Sandy coverage suits at their door, attorneys shared with Law360 their ideas for making the massive undertaking manageable.
The Congressional Budget Office this week slammed a Republican proposal to overhaul the Affordable Care Act so that workers must clock 40 hours a week instead of 30 to be guaranteed coverage, finding it would increase the deficit by $74 billion over the next decade and result in 1 million people losing work-based insurance.
The Centers for Medicare and Medicaid Services on Thursday said if technical issues hindered consumers' enrollment through state-run Affordable Care Act insurance exchanges, they would not be disqualified from eligibility for ACA tax credits, saying such glitches were considered an “exceptional circumstance.”
New York can't be targeted for liability by a qui tam plaintiff who says the state improperly used federal funds to pay law firm Raff & Becker LLP to monitor its unemployment insurance appeal board, a lawyer for the state said Friday, citing U.S. Supreme Court precedent that says a state is not a “person” within the meaning of the federal False Claims Act.
The six months after a woman returns from maternity leave is a key point in her career, and a firm that takes steps to help a woman through that period greatly increases the chances that she will stay and continue to progress, says Christine Haskett, co-chairwoman of Covington & Burling LLP's patent litigation group.
I once chaired a major aviation conference in Europe where a speaker expressed surprise and doubt that someone young and pretty could possibly be in my role. I thanked the speaker for the compliment, referring to him as "my favorite dinosaur." Everyone had a laugh, and I had made my point, says Anita Mosner, deputy chairwoman of Holland & Knight LLP's aviation team.
The International Union of Operating Engineers told a California court Thursday that Illinois National Insurance Co. can’t rely on exclusions to sidestep the costs of defending a trio of trade unions’ underlying racketeering and labor law suits, saying that each asserts at least one coverage-triggering claim.
A New York appeals court on Thursday allowed Assured Guaranty Municipal Corp. to pursue a broader range of damages in its suit against Credit Suisse AG over $1.8 billion in residential mortgage-backed securities, finding that a lower court had erred by limiting the insurer’s damages claims.
A Florida federal judge on Friday gave final approval to a $3 million data breach class action settlement with health insurance company AvMed Inc. that, for the first time, allows plaintiffs who did not suffer identity theft to claim funds.
A Queens, N.Y.-area Nissan dealership asked a state judge on Thursday to declare that a Zurich Insurance Group Ltd. unit wrongly applied a deductible for each of 450 inventory vehicles wiped out by Superstorm Sandy to strip away $2 million in due coverage.
A Florida federal judge on Friday gave his final blessing to JP Morgan Chase NA and Assurant Inc.'s $300 million settlement of a class action accusing them of overcharging homeowners for force-placed policies to fund kickbacks, calling the deal a major success for plaintiffs.
Telemarketing operation IAB Marketing Associates LP on Thursday told the Eleventh Circuit that the Federal Trade Commission's allegations that IAB was running a health insurance scam did not warrant the injunction and asset freeze that ultimately drove the company out of business.
A New York appeals court on Thursday upheld a ruling that Axis Surplus Insurance Co. cannot set a limit on the amount it owes for coverage of East 51st Street Development Co. LLC’s defense costs in underlying suits over a fatal crane collapse at the developer’s site in 2008.
The founder of nightclub insurer Indemnity Insurance Corp. RRG on Wednesday slammed the Delaware Chancery judge presiding over his former company's rehabilitation, accusing him of permitting the firm's "rampant destruction" and ignoring alleged evidence of "grossly negligent" conduct by agents of the state receiver.
A Pennsylvania federal judge has ordered an insurer to defend a former Temple Law student who shot the son of a Fox Rothschild LLP partner in a civil suit over the 2010 incident, unmoved by arguments that the shooting was intentional and thus, uninsured.
Shell Oil Co. will pay $4 million to settle False Claims Act allegations that it sought payments from a Massachusetts fund for hazardous waste cleanup at its gas stations while it also received reimbursements from its insurers, state authorities said Thursday.
Cigna Corp. urged the Pennsylvania Superior Court on Monday to overturn a decision finding that a fraud exemption excused its excess insurers for liability stemming from a national Employment Retirement Income Security Act class action brought by the company’s employees over benefit plan changes.
The interviewer seemed less than pleased to discover that this “Shawn” was female. He asked me, “How does a pretty girl like you expect to be able to practice admiralty law?” I responded, “I expect to be able to do so quite capably, thank you. But clearly not here,” says Shawn Christianson, managing shareholder for Buchalter Nemer PC's San Francisco office and a member of the firm's board of directors.
Earlier in my career, I refused to acknowledge the sexist undertones of certain comments. But, now that I am the senior lawyer on my cases, I am usually the first to curtail any sexist comments — it is my responsibility to shield junior-level women from the encounters I experienced, says Hollis Salzman, co-chair of Robins Kaplan Miller & Ciresi LLP's antitrust and trade regulation group.
Since a 2009 Texas Supreme Court decision in a property insurance case, appraisals have not been limited to ascertaining the dollar amount of a covered claim, but have involved determinations traditionally considered to be outside the purview of the appraisal provision. A recent holding by the Northern District of Texas, however, may be a positive first step in returning the provision to its intended purpose, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.
Given that the U.S. Supreme Court upheld the Affordable Care Act as a whole against a constitutional challenge to the individual mandate, it would not be surprising if federal courts were to continue to accept the government’s argument that Congress intended to make tax subsidies for health insurance available nationwide, as a D.C. federal court just did in Halbig v. Sebelius, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.
In preparing to teach a course on alternative dispute resolution, I recently did some research into the relationship between probability theory and the way “decision analysis” — aka “risk analysis” — is sometimes used to determine the discounted settlement value of civil cases. What I learned was unnerving, but it may help defense and plaintiffs’ counsel avoid misevaluating their cases, says Judge Wayne Brazil, a JAMS mediator and former magistrate judge in the U.S. District Court for the Northern District of California.
Three years after its passage, the Affordable Care Act remains the target of litigation over its contraceptive mandate, from both for-profit corporations and nonprofit religious organizations. At first blush, the challenges to the mandate before the U.S. Supreme Court appear to be very similar, however, the cases differ in several important respects, says Jennifer Shanley of Cooley LLP.
After the Texas Supreme Court's broadening of appraisal in State Farm Lloyds v. Johnson, insurance companies providing coverage in Texas have likely wondered if continuing to include an appraisal provision in their policy is good practice. Recently, however, a Texas federal court's decision showed why it remains important to make this form of alternative dispute resolution available in property policies, says Todd Tippett of Zelle Hofmann Voelbel & Mason LLP.
Representations and warranties insurance is beneficial for sellers that want to reduce, or eliminate entirely, the amount of sale proceeds that are being held back by the buyer or are being placed into an escrow account. Meanwhile, it has become increasingly common for a buyer to introduce the concept of RWI in a competitive auction process in order to distinguish its bid from others, say David Smith and Nicolai Schwarz-Gondek of Stradling Yocca Carlson & Rauth PC.
What is the underlying barrier that prevents corporations from achieving the levels of diversity and inclusion that they seek within their corporate cultures? While the obstacles seldom take the form of outright discrimination, the challenges are more likely to come in the form of hidden biases, cultural blind spots and stereotypes, says David Allgood, chairman of the Association of Corporate Counsel board of directors and general counsel of Royal Bank of Canada.
With winter in full gear, the Judicial Panel on Multidistrict Litigation heads to New Orleans for the Jan. 30 panel session. But first, let's take a retrospective look both at 2013 as well as some of the lucky winners and losers at the Dec. 5 panel hearing in Las Vegas, says Alan Rothman of Kaye Scholer LLP.
The publicity from the Target Corp. breach has led to an uptick in the purchase of cyberinsurance products, with Target itself having purchased approximately $100 million of cyberinsurance coverage after the incident. With more information on the breach of Target’s point of sales systems now available, stepping back and evaluating the event from an insurance perspective should be a useful exercise, says Lon Berk of Hunton & Williams LLP.
The long-awaited Federal Insurance Office report on insurance regulation has finally been published. In addressing the separate and conjoining jurisdiction state and federal regulators have over the industry, the report seems to suggest that a newly developed federal regulatory regime would do better than the current state-based system, says Lawrence Hamilton of Mayer Brown LLP.