Besieged with criticism, President Barack Obama on Thursday said he is ordering a regulatory fix that will allow Americans to temporarily keep insurance policies that otherwise would have been scrapped because they don't meet Affordable Care Act standards.
To advocates of mental health awareness, Affordable Care Act regulations published Wednesday rank among the most welcomed pieces of law in U.S. history. But to lawyers, they reveal the climate in which looming battles will be fought over preemption and the states’ role in enforcement.
A Washington state appeals court on Tuesday upheld the dismissal of Quellos Group LLC’s lawsuit seeking excess insurance coverage for the legal fallout from a $240 million tax shelter scheme that sank the investment firm, finding that the underlying policies had not been exhausted.
The Federal Insurance Office delivered one of its overdue reports last week, concluding that a section of the Dodd-Frank Act that addressed reinsurance regulation hasn't hindered state regulators' efforts to collect financial information on reinsurers.
Liberty Mutual Insurance Co. asked the U.S. Patent and Trademark Office's Patent Trial and Appeal Board on Wednesday to toss a Progressive Casualty Insurance Co. covered business method patent for a vehicle monitoring system that helps determine insurance costs, alleging the patented material was obvious.
Hyatt Corp. insurers including Lloyd's of London and Lexington Insurance Co. on Wednesday bested a general contractor's suit seeking compensation for its $53 million settlement payment to Hyatt in an underlying property damage suit.
Obama administration officials who led development of the Affordable Care Act’s troubled marketplace for health insurance defended their work on Wednesday, telling a congressional panel they acted without interference from the White House and that the website is making great strides.
About 100,000 Americans found private health insurance and 400,000 qualified for Medicaid during the first month of the Affordable Care Act’s online marketplaces, the Obama administration said Wednesday, chalking up the sluggish pace in part to technical woes.
Zurich American Insurance Co. on Wednesday hit Bonaventure Hotel Associates Ltd. with a lawsuit claiming it has no duty to defend or indemnify the resort company in litigation over the alleged sexual assault of a customer during a massage at a Florida spa.
Wendy's International Inc. may be entitled to a $2.4 million tax refund after an Illinois appeals court determined that the fast food chain was allowed to exclude from its state income taxes a subsidiary that was created to supply the company's insurance, according to a ruling obtained Wednesday.
The beleaguered federal Affordable Care Act health insurance website, beset by glitches that have prevented thousands from enrolling in insurance plans, has also weathered at least one attempted denial-of-service attack, a U.S. Department of Homeland Security official told a House panel Wednesday.
A reinsurance industry executive who testified at a Wednesday hearing urged Congress to tinker with the federal backstop for federal insurance so the private sector could gradually shoulder more responsibility for conventional terrorism risks, while others argued the soon-to-expire program should be left as is.
A Nomura Capital & Credit Inc. attorney told a New York state judge Wednesday that investors who bought $1.7 billion in mortgage-backed securities from the Japanese bank could only sue it for individual loan repurchase, and that a monoline insurer who backed another $1.2 billion worth couldn't sue.
State National Insurance Co. Inc. filed suit Tuesday to avoid covering a California construction company’s defense in a $25 million wrongful death lawsuit brought by the family of a day laborer who was buried alive in a worksite accident.
The governors of both Florida and Alabama on Monday backed Mississippi in its suit against the U.S. government over rate hikes on policies backed by the National Flood Insurance Program, saying the move could wreck the recovering housing markets in both states.
The Internal Revenue Service should expect to deal with serious issues surrounding taxpayer data security, Affordable Care Act compliance and severe manpower shortages due to expected IRS executive retirements, according to an IRS watchdog report released Tuesday.
A string of recent court rulings could seriously hobble class actions accusing insurers of stiffing customers on employer-provided health benefits, as judges increasingly block lawsuits against companies that make coverage decisions unless they’re officially in charge of plan administration.
New York Properties Insurance Underwriting Association has been hit with a lawsuit in New York state court by more than 100 property owners alleging breach of contract for the company's failure to cover damage caused by Superstorm Sandy.
The Internal Revenue Service on Wednesday will hand a victory to mental health awareness advocates when it publishes rules on the treatment of mental health care under the Affordable Care Act.
State insurance commissioners on Friday asked for input on whether they should consider setting guidelines for handling unclaimed death benefits, heeding calls for uniformity from insurers that have paid steep sums to settle with regulators over their use of the Social Security Administration's Death Master File database.
Although the proprietors of companies purporting to insure fantasy football teams compare their products to the disability policies bought by professional sports teams for their players, the policies aren’t true insurance policies under the fundamental principles of insurance law, and they probably run afoul of the Unlawful Internet Gambling Enforcement Act, says Joseph Balice of Ezra Brutzkus Gubner LLP.
Due to the increasing role of in-house counsel as business strategists, courts are more closely scrutinizing the attorney-client privilege as it applies to in-house counsel. As such, it is important for in-house counsel to make every effort to protect the attorney-client privilege — and a number of best practices may prove pivotal, says Kimberly Moore of Strasburger & Price LLP.
To clarify the rules on how the Affordable Care Act's medical loss ratio rebates are treated under the Employee Retirement Income Security Act, the U.S. Department of Labor recently issued a technical release, which plan sponsors maintaining fully insured group health plans should keep in mind, along with the five tips on considering options for managing the rebates, says Tzvia Feiertag of Proskauer Rose LLP.
The risks of interconnected networks have become increasingly public, resulting in an upsurge in the demand for cyberinsurance. However, as shown in the recent case of the cyberattack on the New York Times' homepage, the contours of appropriate cyberinsurance have not been definitively fixed, and different carriers are writing the coverage on different forms, adding to the confusion regarding what is covered, says Lon Berk of Hunton & Williams LLP.
The Fifth Circuit recently withdrew its prior decision reversing the initial denial of additional insured coverage for BP's subsurface pollution liability arising out of the Deepwater Horizon incident and has certified two issues to the Texas Supreme Court. With this surprising turn of events, parties are well advised to ensure that the terms of their policies are consistent with their expectations for coverage, irrespective of the terms of any other contract, says Micah Skidmore of Haynes and Boone LLP.
Every law firm knows the importance of a conflicts check before beginning a representation, but what happens when it serves discovery requests or a subpoena on a third party, only to discover that the third party is a current or former client? As firms get larger, and litigations become more complex, this issue is bound to come up, say Shari Klevens and Alanna Clair of McKenna Long & Aldridge LLP.
The Affordable Care Act's highly controversial health insurance exchanges will begin operations on Oct. 1, and in order to minimize cybersecurity threats, entities should thoroughly assess their cybersecurity readiness. This review should not be limited to a self-assessment but should be independent and objective, led by outside legal counsel and conducted by outside consultants under the protection of the attorney-client privilege, say attorneys with McKenna Long & Aldridge LLP.
In the current enforcement environment, it would be a mistake for senior executives and board members to take for granted the enthusiastic and highly effective efforts of the chief compliance officer, who is often overworked and underappreciated, says Sharie Brown of Troutman Sanders LLP.
The interpretation of pollution exclusions still flummoxes parties, including those in American National Property & Casualty Co. v. Wyatt. An important case for policyholders seeking coverage, the recent decision by the Missouri Court of Appeals continues the line of authority limiting the application of pollution exclusion in order to avoid absurd results, say Nicholas Insua and Jennifer Black Struttis of McCarter & English LLP.
There has been much commentary that the New York Court of Appeals' decision in K2 Investment Group v. American Insurance brought a radical change in New York insurance law by importing into state law the "coverage by estoppel" rule. We disagree with that view and do not believe that the court imported such a rule for several reasons, say attorneys with Ford Marrin Esposito Witmeyer & Gleser LLP.