Pennsylvania's high court on Monday freed defunct Reliance Insurance Co. from covering nearly $12 million in product warranty reimbursement claims from Warrantech Consumer Products Services Inc., interpreting for the first time a section of the state insurance insolvency statute.
Aspen Insurance Holdings Ltd. again expressed opposition to rival insurer Endurance Specialty Holdings Ltd.’s $3.2 billion hostile takeover bid, releasing a letter Monday that urged its shareholders to reject a pair of Endurance's proposals.
An insurer for 23andMe Inc., the genetic testing service recently chastised by the U.S. Food and Drug Administration for selling an unapproved test that could lead to dangerous, false results, sought to distance itself Monday from false-ad claims and a government probe targeting 23andMe.
The Fourth Circuit on Tuesday determined that the federal government could subsidize insurance premiums on the federal Affordable Care Act exchange because the tax credits support the mission of the health care reform law, coming in conflict with a D.C. Circuit opinion released just hours before.
A pension fund on Monday launched a proposed class action accusing RLI Corp. of lowering the strike price of its employee stock options without first getting the go-ahead from shareholders, potentially diluting the value of their shares in the specialty insurer.
The Second Circuit on Tuesday enforced bankruptcy court agreements binding Travelers Property Casualty Corp. to pay up to $510 million to thousands of asbestos injury plaintiffs, ruling that the pacts weren’t invalidated when the insurer subsequently lost certain liability protection.
An Illinois federal judge on Friday refused to end Baxter International Inc.’s suit alleging German insurer AXA Versicherung AG breached its duty to defend and indemnify a $15.2 million judgment in an underlying suit alleging Baxter’s contaminated blood products infected users with HIV and the hepatitis C virus.
A Wisconsin federal judge on Monday tossed a suit by by Sen. Ron Johnson, R-Wis., seeking to block allegedly special treatment for federal lawmakers under the Affordable Care Act, saying the lawmaker couldn't prove he suffered an injury to have standing to bring suit.
A divided D.C. Circuit on Tuesday ruled that consumers shopping on Affordable Care Act exchanges run by federal regulators cannot have their insurance premiums reduced by federal tax credits, a major decision that once again clouds the landmark law's future.
The creditor vote on Detroit’s proposal to restructure $18 billion in debt revealed broad worker and retiree support Monday for the city's momentous bankruptcy exit plan ahead of a highly anticipated confirmation trial.
Humana Inc. has asked a Florida federal judge to toss a whistleblower suit brought by a physician accusing the insurer of submitting fraudulent claims for payment through the Medicare Advantage program, claiming the suit fails to state a plausible theory demonstrating Humana’s liability under the False Claims Act.
Allstate Property & Casualty Insurance Co. on Friday urged the Pennsylvania Supreme Court to forbid policyholders from assigning their claims under a state bad-faith insurance law to injured parties, arguing that a ruling in the opposite direction could create a windfall for plaintiffs.
Courts during the first half of 2014 handed down a number of important rulings that will shape the hottest topics in health care, including provider consolidation, employee benefits under the Affordable Care Act and the availability of attorney-client privilege in False Claims Act litigation.
A New York judge on Friday denied MBIA Insurance Corp.'s bid to compel Credit Suisse Securities (USA) LLC to hand over "highly relevant" documents in a lawsuit claiming the bank lied about how it processed loans for mortgage-backed securities, saying MBIA has already received enough documents to litigate its case.
Despite pledges to make the Dodd-Frank Act a priority, the head of the U.S. Securities and Exchange Commission has proven to be no faster than her predecessor at pushing through the financial reform law’s rulemaking, though experts say that’s not necessarily a bad thing. This is Part 2 of a five-part series on the four-year anniversary of the Dodd Frank Act.
The U.S. Department of Health and Human Services on Monday released a new regulation requiring drugmakers to discount so-called orphan drugs when hospitals use them for conditions that aren’t rare, hoping to skirt a recent court decision that called the 340B program policy into question.
A U.S. Court of Federal Claims judge has closed the door to further discovery in Starr International Co. Inc.'s $55 billion suit against the U.S. government over the American International Group Inc. bailout, rejecting Starr's attempt to access more information from Goldman Sachs & Co.
Plantation Pipe Line Co. on Friday slapped two of its excess liability insurers with a lawsuit claiming they improperly refused to cover the company for cleanup costs from a 1975 pipeline leak in North Carolina, accusing one insurer of blatantly ignoring the claim in bad faith.
A New Hampshire federal judge on Monday rejected the U.S. government’s attempt to escape the state insurance commissioner’s lawsuit seeking to block the U.S. from taking a cut of $194 million set aside for claims arising from Home Insurance Co.’s bankruptcy.
Democratic lawmakers urged the Fifth Circuit to reject a prominent Republican donor’s suit challenging the constitutionality of the Affordable Care Act, saying that Congress followed the proper legislative procedures to enact the law and that there were no such violations of the origination clause.
Connecticut’s recent statutory addition to the Physician Payment Sunshine Act demonstrates that the number of state disclosure laws may still be growing, particularly with respect to payments or benefits conferred to nonphysician practitioners. Although it is unclear whether other states will follow Connecticut’s lead, manufacturers should nonetheless position themselves to adapt quickly, say attorneys at Sidley Austin LLP.
The dissenting Florida Supreme Court justices in Tiara Condominium Association Inc. v. Marsh & McLennan Companies grimly predicted that the court had opened the floodgates to negligence and fraud claims. Others cautioned restraint, citing Justice Barbara Pariente’s concurring opinion. More than one year later, let's see who has been proven correct, says Jamie Zysk Isani of Hunton & Williams LLP.
Because the U.S. Supreme Court in Burnwell v. Hobby Lobby Stores Inc. so clearly narrowed its holding to four abortifacient contraceptive methods, it will be difficult for employers to argue that the holding should be expanded to warrant denying coverage for other medical procedures or drugs on the basis of religious beliefs, says Alana Ackels of Nunnally & Martin LLP.
The practice of law has changed dramatically due to the mobility of employees, the consolidation and disintegration of firms, and the easy transfer of data with computerization and the Internet. While the need to create a contract to protect a client’s rights and interests is still paramount, the lawyer’s rights in the created document itself are becoming less protected, say Linda Kaufman Gollub of Kaufman Gollub LLC and Robert Pay... (continued)
By inviting courts to rule directly on issues pertaining to Section 13(A) of the Medicaid Act, the Secretary of the U.S. Department of Health and Human Services has effectively conceded that the section should be enforced by private parties, casting significant doubt on federal court decisions reaching the opposite conclusion, says Anthony Galdieri of Nixon Peabody LLP.
Challenges to the Affordable Care Act's tax credits and copayment subsidies continue to make their way through courts, with rulings expected soon. If a case were to reach the U.S. Supreme Court and it were to strike down the ACA's subsidies, states could establish their own exchanges to qualify for the established subsidies, say attorneys at Epstein Becker Green LLP.
A degree of difficulty is often associated with delineating between outright property insurance fraud at one end of the claim spectrum and what could reasonably be perceived as “overzealous pricing” at the other end. Despite this difficulty, insurance professionals must follow through in reporting fraud in the context of hail damage claims, says Brian Odom of Zelle Hofmann Voelbel & Mason LLP.
Recent proposed amendments to the Federal Rules of Civil Procedure — including revisions to Rules 26(b) and 37(e) — could be pivotal in streamlining e-discovery, and could provide a more sensible and simplified set of preservation and disclosure guidelines, says Steve Schmelkin of Clutch Group.
An essential element in Roe v. Empire Blue Cross Blue Shield was that the Employee Retirement Income Security Act is not an anti-discrimination law — had such a federal law existed the outcome likely would have been different. Should such a law come to be, employers with self-insured health plans will likely be unable to rely on Roe to exclude same-sex spouses from coverage, say John Wilson and Matthew Clyde of Buchanan Ingersoll & Rooney PC.
The specter of attorney-client privilege has a long and well-respected history in litigation — but means nothing at all to a hacker. According to a recent LexisNexis survey, 77 percent of firms rely on “Delete this email if you are not the intended recipient” or similar language in the body of emails to secure them, which essentially does nothing to protect firm or client data from any nefarious actors who view it, says Scott Aurno... (continued)