• September 24, 2014

    UK Antitrust Monitor Bans Car Insurers' Deals With Websites

    The United Kingdom’s competition watchdog on Wednesday announced a ban on restrictive agreements between price-comparison websites and car insurance companies, following a two-year investigation into anti-competitive practices in the nation’s auto insurance industry.

  • September 24, 2014

    Continental Wins Dismissal Of Tax Shelter Coverage Row

    A Tennessee federal judge on Tuesday tossed a suit alleging Continental Casualty Co. must provide professional liability coverage to a financial company for underlying suits over its faulty accounting practice, finding the claims fall into a tax shelter exclusion in the policy. 

  • September 24, 2014

    McElroy Deutsch Adds Former NJ Insurance Official

    McElroy Deutsch Mulvaney & Carpenter LLP has bolstered its health care group in New Jersey with the addition of a onetime hospital executive and high-ranking state insurance official.

  • September 24, 2014

    DOJ Jabs At Humana In Medicare Advantage FCA Suit

    The U.S. Department of Justice on Wednesday pushed back against Humana Inc. and health care providers in a False Claims Act suit alleging Medicare Advantage fraud, accusing the defendants in Florida federal court of misstating the amount of detail that whistleblowers must provide.

  • September 24, 2014

    First Mercury Must Defend Cos. In Workplace Injury Suits

    A Connecticut federal judge ruled on Tuesday that First Mercury Insurance Co. owes a duty to defend and indemnify a woodworking company and a steel company in underlying lawsuits over a workplace accident that killed one employee and injured three others, finding that the companies qualify as additional insureds under the policy.

  • September 23, 2014

    Verizon Urges 5th Circ. To Uphold ERISA Case Dismissal

    Verizon Communications Inc. on Monday urged the Fifth Circuit to affirm the dismissal of claims from two classes of retirees who sued over the telecom giant’s transfer of $7.4 billion in pension obligations to Prudential Insurance Co., saying the beneficiaries suffered no harm in the change.

  • September 23, 2014

    Hospitals Trim Claims In $66M Blue Cross Underpayment Suit

    A Texas federal judge on Monday granted a request from two hospitals to voluntarily dismiss claims of negligent representation and failure to provide information in a suit brought under the Employee Retirement Income Security Act alleging underpayment by several Blue Cross Blue Shield insurers.

  • September 23, 2014

    Health Insurers Suffer Blow As ERISA Shield Is Reinforced

    A recent class certification victory gives momentum to health care providers who increasingly are trying to use procedural protections in the Employee Retirement Income Security Act to hamstring efforts by health insurance companies to claw back alleged overpayments, experts say.

  • September 23, 2014

    Companion Says It Shouldn't Pay $38M Workers' Comp Claims

    Companion Property and Casualty Insurance Co. filed suit Friday in South Carolina federal court seeking to avoid liability for $38 million in workers' compensation claims against its insured, Texan Charles David Wood Jr., and his insurance companies, arguing he commingled the funds of the companies with his personal finances.

  • September 23, 2014

    6th Circ. Clears Wells Fargo In Fuel Spill Coverage Feud

    A Wells Fargo Insurance-Indiana agent was not obligated to recommend pollution coverage to a Kentucky fuel distribution company that was later left holding the bag after a spill at one of its facilities, the Sixth Circuit ruled Monday, affirming the dismissal of a negligence suit against the insurance firm.

  • September 23, 2014

    Goldberg Segalla Adds Product Liability Attys To Philly Office

    Goldberg Segalla said Monday that it has bolstered its employment, product liability, and food and beverage practice groups with the addition of two Nicolson Law Group LLC attorneys who have experience in the insurance, life sciences, retail and transportation sectors.

  • September 23, 2014

    80 More Insurers To Participate In ACA Exchanges Next Year

    Health and Human Services Secretary Sylvia M. Burwell said Tuesday that the Affordable Care Act insurance marketplaces will grow significantly as the second year of open enrollment approaches, announcing that nearly 80 new insurers will participate in the exchanges.

  • September 23, 2014

    Insurance Groups Tell High Court ERISA Liability Unjustified

    Three health insurance industry groups have urged the U.S. Supreme Court to overturn a Sixth Circuit ruling in favor of an auto supplier that held third-party administrators could be considered plan fiduciaries under the Employee Retirement Income Security Act, saying it greatly increases their liability risks.

  • September 23, 2014

    Seagrave Wants Coverage In Firefighter Hearing Loss Suits

    A firetruck manufacturer has filed suit against more than a dozen insurers in Pennsylvania state court seeking coverage for 260 complaints it is facing from firefighters in Philadelphia and Pittsburgh claiming that their hearing was damaged after prolonged exposure to the equipment.

  • September 23, 2014

    Cozen O'Connor Adds Former Dentons Insurance Litigator

    Cozen O’Connor PC has strengthened its insurance litigation practice in Chicago with the addition of a former Dentons partner who coordinated Allstate’s Hurricane Katrina litigation and has also handed other commercial disputes. 

  • September 22, 2014

    Explosives Co.'s Insurers Can't Rule Out Blast Coverage

    A Louisiana federal judge refused to grant an early win Monday to insurers seeking a declaration they don’t have to defend a bankrupt explosives recycling company in class action litigation arising from an ammunition explosion, saying key facts and circumstances in the dispute have not been sufficiently explained.

  • September 22, 2014

    Amtrak Wants $500M From Insurers For Sandy Coverage

    Amtrak has filed suit against a number of insurers in New York federal court to recoup the total $504 million in losses the rail giant claims to have suffered from Superstorm Sandy, telling the court it has only received $30 million in compensation from the insurers thus far.

  • September 22, 2014

    Insurer Exempt In $10M Settlement Of TCPA Fax Blast Case

    A Florida federal judge on Monday let James River Insurance Co. off the hook for a $10 million Med Waste Management LLC settlement in an underlying Telephone Consumer Protection Act class action alleging Med Waste sent more than 20,000 unsolicited fax advertisements, finding the claims are excluded from coverage.

  • September 22, 2014

    5th Circ. Asks Texas Justices To Clarify Insurance Terms

    The Fifth Circuit asked the Texas Supreme Court on Friday for help in determining if commonly used terms in commercial general liability policies are ambiguous under state law in U.S. Metals Inc.’s suit seeking coverage for a $6.3 million settlement with Exxon Inc. over defective refinery equipment. 

  • September 22, 2014

    Insurer Ordered To Defend Equipment Co. In Listeria Suit

    A Colorado federal judge on Friday ruled that Colony Insurance Co. breached its duty to defend an equipment company against actions related to a cantaloupe listeria outbreak that killed 32 people, finding it must reimburse Continental Western Insurance Co. for its settlement of the litigation.

Expert Analysis

  • NAIC Reinsurance Framework Part Of Larger Action Plan

    Scott D. Avitabile

    Debate within the National Association of Insurance Commissioners over life insurer reserve relief effected through insurer-owned captive transactions has been contentious, and the NAIC's recent adoption in concept of the XXX/AXXX Reinsurance Framework augurs more regulatory requirements for such transactions, says Scott Avitabile of Willkie Farr & Gallagher LLP.

  • MF Global Highlights D&O Insurance Issues In Bankruptcy

    Kevin M. LaCroix

    It would be helpful if bankruptcy courts were to conclude that there is no basis for the courts to oversee the process of payment of individual insureds’ defense fees — as Southern District of New York Bankruptcy Judge Martin Glenn did in the case of MF Global, says Kevin LaCroix of RT ProExec.

  • Insurers Face Increased Risk Of TCPA Suits

    Lewis S. Wiener

    The issues facing insurers under the Telephone Consumer Protection Act are similar to those facing other industries: consent and the scope of that consent, vicarious liability issues arising from the acts of agents and third-party marketers and large potential exposure due to TCPA statutory damages, say attorneys at Sutherland Asbill & Brennan LLP.

  • Nonsignatory Arbitration Extensions Remain The Exception

    Michael D. Kibler

    Transatlantic Reinsurance Co. v. National Indemnification Co. makes clear that arbitration provisions in reinsurance agreements will be enforceable only against the signatories that assented to arbitration as a means to resolve disputes, say Michael Kibler and Craig Waldman of Simpson Thacher & Bartlett LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • Bermuda Form: Retroactive Integrated Occurrences

    James R. Murray

    Two potential risks in retroactively declaring an integrated occurrence and moving a claim to a subsequent year is that other unknown claims may fall in the same policy year and that the policy year of the integrated occurrence contains exclusions subject to continuity dates, say attorneys at Dickstein Shapiro LLP.

  • Carrots, Sticks And Insurance Premium Discounts

    Norman G. Tabler Jr.

    Is there any distinction between withholding a carrot — denying a policyholder a $100 premium reduction — for going out of network and applying a stick — imposing a $100 penalty — for going out of network? The U.S. Department of Health and Human Services' schizophrenic treatment of the issue seems to think so, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Fall Back On Insurance For Data Breach Fallout

    Cristina M. Shea

    Recent breach incidents have given rise to more than just claims for data security and privacy liability and thus may trigger other liability and first-party insurance, but absence of coverage under traditional policies depends on the nature of the loss and language of the policy at issue, say attorneys at Reed Smith LLP.

  • Document Storage Tips: Inside The Email Vault

    Jon Kessler

    The ability to make an informed decision when approaching any evidentiary collection or e-discovery project — ideally before your company’s IT team or legal counsel is under the gun of an active investigation or litigation — is key to smoothing what can be a complex and expensive process. Get to know your email archive system, says Jon Kessler of Epiq Systems Inc.

  • ACA Contraception Accommodations May Not End Strife

    Jean C. Hemphill

    The federal government's latest attempt to balance the religious convictions of employers with the rights of secular employees to obtain contraceptive services covered under the Affordable Care Act may be undermined by the Tenth Circuit's eventual decision in Little Sisters of the Poor v. Burwell, says Jean Hemphill of Ballard Spahr LLP.