• September 16, 2014

    Hennessy Must Arbitrate Asbestos Coverage, 7th Circ. Told

    National Union Fire Insurance Co. of Pittsburgh, Pa. on Tuesday pressed the Seventh Circuit to send to arbitration its feud with Hennessy Industries Inc. over attorneys’ fees stemming from asbestos injury litigation, arguing that the car repair machinery maker had agreed to a broad arbitration clause in its contract.

  • September 16, 2014

    Lyft, Uber Ridesharing Bids Fall Short, Pa. Insurers Say

    The Insurance Federation of Pennsylvania Inc. told the state’s Public Utilities Commission in filings Monday that Lyft Inc. and Uber Technologies Inc.’s applications to provide ridesharing services fall short in protecting the public, arguing the companies supply insufficient insurance.

  • September 16, 2014

    Raff & Becker Attys Urge Court To Toss Ex-Judge’s FCA Suit

    Raff & Becker LLP on Monday urged a New York federal court to toss a former judge’s False Claims Act suit, saying he failed to prove the firm conspired with the state or made false claims, and breached his professional responsibility by sharing confidential client information.

  • September 16, 2014

    Manufacturer Says Lloyd's Has No Suit Over Drilling Blowout

    Axon Pressure Products Inc. and Axon EP Inc. urged a Texas federal judge on Monday to toss underwriters at Lloyd's of London’s suit to recover losses from a fire during gas drilling in the Gulf of Mexico allegedly tied to a defective blowout preventer and inadequate inspections, arguing the underwriters have not stated a claim.

  • September 16, 2014

    Humana Doubles Share Buyback Program To $2B

    Health insurer Humana Inc. said Tuesday that its board of directors has approved increasing its share-repurchase program to $2 billion, an announcement that sent shares upward, marking the latest addition to the buyback blitz sweeping Wall Street.  

  • September 16, 2014

    Detroit Creditors Give Ground To Seal Syncora Deal

    The city of Detroit has secured the concessions it needed from retirees and certain bondholders to seal a settlement that will end Syncora Holdings Ltd.’s objections to its Chapter 9 restructuring plan, a source with knowledge of the situation said Tuesday.

  • September 15, 2014

    DHL Pension Change Didn't Violate ERISA, 9th Circ. Says

    The Ninth Circuit on Monday ruled that DHL Holdings USA Inc. didn't violate the Employee Retirement Income Security Act by blocking pension plan participants from transferring their account balances from a defined contribution plan to a defined benefit plan.

  • September 15, 2014

    7th Circ. Puts Indiana Same-Sex Marriage Ruling On Hold

    The Seventh Circuit granted Indiana's attorney general a stay on Monday that blocked its ruling invalidating the state's ban on same-sex marriage from taking effect until the U.S. Supreme Court takes action on the state's petition to have the appeals court ruling overturned. 

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Feds Get Heat For Oversight Of Ark. Medicaid Expansion

    Reacting to a government watchdog’s report, two high-ranking GOP lawmakers on Monday demanded the Obama administration explain its oversight of spending under Arkansas’ unusual Medicaid expansion, which uses federal dollars to buy private insurance.

  • September 15, 2014

    Fla. AG Moves To Join 4 Gay Marriage Suits To Cut Confusion

    Florida Attorney General Pam Bondi moved to intervene Friday in four cases challenging the state's ban on same-sex marriage, saying her office's clear involvement is needed to promote an “orderly and consistent resolution” to the common issue running through them.

  • September 15, 2014

    Data Issues Threaten ACA Coverage For 500K Consumers

    Nearly 500,000 Americans are poised to see their Affordable Care Act coverage canceled or become more expensive because of conflicting information regarding their citizenship or income, far fewer than once feared, the Obama administration said Monday.

  • September 15, 2014

    ACE Won't Pay Amerisource's Attys' Fees After Pa. Appeal

    The Pennsylvania Superior Court on Monday upheld a decision finding that ACE American Insurance Co. is not on the hook to reimburse AmerisourceBergen Corp. for attorneys' fees and related costs in defending a False Claims Act suit that led to a $15 million settlement.

  • September 15, 2014

    EPA Query Into Superfund Site Counts As Suit, 9th Circ. Told

    Nonprofit United Policyholders and a number of companies potentially liable for an Oregon Superfund site have urged the Ninth Circuit to rule that an information request that the U.S. Environmental Protection Agency sent to Ash Grove Cement Co. counts as a "suit" that triggers an insurer's duty to defend.

  • September 15, 2014

    Dealmakers Q&A: Farella Braun's Philip Peters

    The main driver of recent deal activity is a host of strategic acquisitions as blue-chip companies double down on or otherwise complement their strategies. This consolidation forces other companies to reevaluate their own strategies and possibly undertake deals of their own, says Philip Peters of Farella Braun & Martel LLP.

  • September 15, 2014

    Pa. Auditor To Probe Corbett's Medicaid Waiver Spending

    Pennsylvania Auditor General Eugene DePasquale said Monday his office has asked Gov. Tom Corbett to account for $48 million his administration said it spent preparing for the launch of its recently approved waiver plan to expand Medicaid under the Affordable Care Act.

  • September 15, 2014

    Malpractice Insurer's Arbitrator Ties Don't Ax Win, Court Says

    A California appeals court ruled Friday that Lawyers Mutual Insurance Co. could enforce an arbitration award related to coverage for legal malpractice claims, finding the fact the insurer’s former general counsel worked with a member of the arbitration panel didn’t create a conflict of interest.

  • September 15, 2014

    Syncora No Longer Needs Banks' Help On Detroit Deal

    Syncora Holdings Ltd. finalized a settlement on Monday of its objections to the city of Detroit's Chapter 9 restructuring that no longer requires concessions from two global investment banks, according to Syncora's attorney.

  • September 15, 2014

    Nelson Brown Exodus Continues With Loss Of NY Trial Atty

    Pennsylvania-based insurance boutique Nelson Brown & Co., formerly known as Nelson Levine de Luca & Hamilton LLC,  has suffered another personnel loss, with a trial lawyer leaving to join defense-focused Gallo Vitucci Klar LLP as a partner in its New York and North Jersey offices.

  • September 12, 2014

    Syncora-Detroit Deal Would Leave FGIC Alone As Holdout

    Closed-door mediation continued Friday on Detroit’s efforts to lock down a settlement that would remove Syncora Holdings Ltd. as an opponent to the city's Chapter 9 restructuring, as the other major holdout, Financial Guaranty Insurance Co., faces mounting pressure to surrender.

Expert Analysis

  • Retailers Face A Blizzard Of Breaches: Are You Covered?

    Roberta Anderson

    Dairy Queen just became the latest in a growing number of companies to report a potential data security breach that apparently resulted from hacker use of point-of-sale malware. Given the pervasiveness of data breaches, cybersecurity insurance can be extremely valuable, but selecting and negotiating the right policy presents unique and significant challenges, says Roberta Anderson of K&L Gates LLP.

  • Breaking Down The Collapse Doctrine In Wash.

    Michael V. Silvestro

    It is too early to tell which approach Washington will adopt regarding the collapse doctrine, but whatever conclusion the Washington Supreme Court reaches it likely won't be unanimous — prior cases suggest the state could require an actual collapse, says Michael Silvestro of Robins Kaplan Miller & Ciresi LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • NY Joins Texas In The Broad Use Of Appraisal

    Steven J. Badger

    New York's scope of appraisal after a recent change in state insurance law appears to support an appraisal process even broader than Texas' after that state's high court decided State Farm Lloyds v. Johnson, says Steven Badger of Zelle Hofmann Voelbel & Mason LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Some Calm For NY Claims Handlers Over Late Disclaimers

    William E. Murray

    The impact of a threatened expansion of the late disclaimer standard prior to the New York Court of Appeals' ruling in KeySpan Gas East Corp. v. Munich Reinsurance American Inc. would have been heavy for the insurance industry in that it would have created a significant burden on claims handlers, say William Murray and Joseph Geoghegan of Gordon Rees Scully Mansukhani LLP.

  • Texas' Progressive Claims Syndrome Is Treatable

    Lindsey P. Bruning

    The recent case of USAA Texas Lloyd’s Co. v. Menchaca exemplifies a prevalent concern in Texas first-party property insurance claims today — the “Progressive Claim Syndrome” — as well as its most effective treatment, says Lindsey Bruning of Zelle Hofmann Voelbel & Mason LLP.

  • AKS Unlikely To Be Raised Over Pharma Discount Sales

    Stephanie Trunk

    A recently issued opinion from the U.S. Department of Health and Human Services' Office of Inspector General assented to a drug manufacturer’s online discount program for branded drugs, making discount and referral arrangements less likely to raise concerns when they avoid federal reimbursement systems, say Stephanie Trunk and Brian Schneider of Arent Fox LLP.