Energy giant Alstom on Wednesday urged a New York federal court to force a Brazilian insurer to follow a confirmed arbitration award by the International Chamber of Commerce keeping it from pursuing $24 million in claims, adding the insurer should be held in contempt and sanctioned for flouting court orders.
Illinois National Insurance Co. fired back at McGraw-Hill’s demand for sanctions Wednesday in Illinois federal court, refuting claims that it has acted in bad faith and rejecting the publisher’s claim that the insurer lied for years about the location of its principal place of business.
Old Republic Insurance Co. beat back counterclaims Wednesday in Illinois federal court by Burlington Northern & Santa Fe Railway Co., which contended that the insurer had to defend the railroad company in a $10 million wrongful-death suit involving the death of a railyard worker.
A group of plumbing supply companies have been sued in New Jersey state court by nearly 30 insurers alleging they collectively paid out nearly $2 million to policyholders who endured water loss or damage as a result of a toilet product defect.
A financial industry watchdog seeking access to redacted court documents from the battle between the federal government and MetLife Inc. over a systemically important financial institution tag has urged the D.C. Circuit to overturn a lower court’s decision to deny its records request.
Endurance American Specialty Insurance Co., one of two remaining excess insurers going to trial over obligations to Fiserv Solutions Inc. in litigation tied to a $530 million Bank of America NA lawsuit over title insurance claims, asked a Wisconsin federal judge Wednesday to clarify that it can continue to dispute that Fiserv filed its claim in time.
An investor's suit accusing Theranos Inc. of misrepresenting its blood-testing technologies and a U.S. Securities and Exchange Commission probe of the startup may lead insurers to broaden exclusions in directors and officers policies to reflect privately held firms' growing exposure to securities law claims, experts say.
An ex-Medtronic Inc. sales rep who alleges his former employer paid doctors kickbacks won't pursue California and Illinois based private insurance fraud claims in Massachusetts federal court, dismissing them without prejudice there but leaving the option to file again somewhere else.
Great American Insurance Co. actually doesn’t owe $1.5 million to Apache Corp. after fraudsters tricked it into rerouting vendor payments to a bogus bank account because the loss isn’t covered under the insurance policy’s computer-fraud provision, the Fifth Circuit said on Tuesday.
Illinois Union Insurance Co. on Tuesday pressed a Minnesota federal judge to conclude that it correctly denied coverage to an egg producer whose facilities were contaminated by a 2015 avian influenza outbreak, arguing the policyholder cannot prove its losses resulted from environmental contamination.
Starwood Capital Group said Tuesday that it will sell a stake in a $2 billion U.S. select-service hotel portfolio to a consortium of sovereign wealth funds and other investors led by China Life Insurance Co. Ltd., marking Chinese investors’ latest foray into the U.S. hospitality market.
The Little River Band of Ottawa Indians on Tuesday looked to force Blue Cross Blue Shield of Michigan to disclose information about the rates of return it earns on specific investments in the tribe's suit alleging the insurer flouted the Employee Retirement Income Security Act while administering an employee health benefit plan.
The Federal Emergency Management Agency said Monday it will revise its flood maps for New York City, following an appeal lodged by Mayor Bill de Blasio last year that challenged the addition of 35,000 buildings to the highest flood-risk areas.
A Missouri federal judge on Tuesday denied Zurich American Insurance’s attempt to disqualify Latham & Watkins LLP from representing Fluor Corp. in a coverage dispute arising from lead smelting operations, saying there is no evidence the firm violated a protective order in a related state case.
Two former W.R. Grace & Co. employees won a bankruptcy court’s qualified clearance Monday to move ahead with Montana workers’ compensation asbestos injury suits against the company’s insurer, despite an injunction directing most asbestos claims to a court-created trust.
Office Depot on Monday attacked AIG Specialty Insurance Co.'s bid to block $30 million of coverage for a whistleblower's accusations that the supply giant overbilled public entities, saying it had a reasonable expectation that coverage was in place.
A Florida federal court committed no clear error when sentencing a massage therapist to 51 months in prison for his role in a scheme to submit $126 million in false health care claims to private insurers, the Eleventh Circuit affirmed Tuesday, pointing to a record of the man’s own admissions.
St. Joseph Health agreed to pay more than $2.1 million to settle with federal regulators after it reported it had inadvertently made customers’ health records available online for more than a year ending in 2012, according to a statement Tuesday.
Real estate services company Stewart Information Services Corp. said Tuesday that after pressure from activist investor Starboard Value LP, which owns nearly 10 percent of Stewart's outstanding common stock, it has agreed to add four new board directors while forcing the resignations of two longtime board directors.
The former CEO of bankrupt Health Diagnostic Laboratory Inc. must face Aetna Inc.’s suit accusing her of using kickbacks to get doctors to send labwork out of Aetna’s network and waiving co-pays for patients, without telling the overbilled insurer, a Pennsylvania federal judge ruled Monday.
The financial services industry has been identified as a significant target of cyberthreats, because insurers store valuable information such as where insureds live and their medical conditions. Adoption of the new required cybersecurity program should be a priority for any covered entity in New York state, say Alice Kane and Philip Goldstein of Duane Morris LLP.
In the terrible aftermath of Hurricane Matthew's rampage, residents and businesses are turning toward recovery and rebuilding, but for many businesses, lost revenues may outweigh the cost of repairing damaged property. Micah Skidmore of Haynes and Boone LLP offers three tips for successful business interruption insurance recovery.
To lessen their possible economic exposure to product recall and contamination issues, businesses are increasingly relying on varying forms of product recall/contamination insurance, says Alexander Hardiman of Pillsbury Winthrop Shaw Pittman LLP.
When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.
Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory and enforcement matters, say Michael Scudder and Andrew Fuchs of Skadden Arps Slate Meagher & Flom LLP.
The Health Republic Insurance of New York Inc. has been shrouded behind layers of confusion and bureaucracy since it first filed for bankruptcy. James Veach of Mound Cotton Wollan & Greengrass LLP continues his discussion of Health Republic's convoluted liquidation process, raising questions as to what direction the situation is headed in, and where the money is going.
From e-discovery to attorney profitability, the technologies of the 21st century have had a major impact on legal practice. Yet the tech revolution has had surprisingly little impact on the form and content of legal briefs — the very bread-and-butter of many legal practices. This is about to change, according to Martin Bienstock of Weisbrod Matteis & Copley PLLC.
In the realm of insurance coverage disputes, the decades-old battle between "all sums" and "pro rata" allocation has shifted in favor of insurers in recent years, due to Boston Gas Co. V Century Indemn. Co. and other cases. However, courts should remember that the "dual purpose" argument frequently used by insurers was definitively rejected in the past, says Jacob Mihm of Hoke LLC.
In recent years the courts have demonstrated an increased use of the “tough noogies” doctrine. These types of cases involve individuals wronged by powerful institutional interests who are shown the door, often based on poor or weak reasoning or in defiance of common sense. Andrew Melzer of Sanford Heisler LLP highlights a few recent examples of this doctrine and discusses whether the pendulum is beginning to swing back the other way.
Recently, the Supreme Court of Delaware rejected two delay and denial tactics in the matter of Viking Pump Inc. and Warren Pumps LLC Insurance Appeals. These holdings are a major blow against insurers that have historically fought to stall for as long as possible before paying claims, say attorneys from McKool Smith PC.