A shareholder sued health care giant Aetna Inc. and its top executives in New York federal court Tuesday, accusing the defendants of sending out false and misleading proxy statements to shareholders, including information about the company’s political activities.
The Travelers Indemnity Co. recently fired off a lawsuit against Legal & General Group PLC and its affiliates in Connecticut federal court demanding that the U.K. financial services and insurance company stop using a logo the insurer says infringes the iconic Travelers umbrella mark.
Liberty Mutual Insurance Co. filed a lawsuit Monday on behalf of Turner Construction Co. against a plumbing company that the insurer blames for water damage at a New Jersey medical office building that led to costly repairs and will likely cause substantial business interruption losses.
The University of Notre Dame on Tuesday took a second crack at the Affordable Care Act’s contraception mandate, reiterating its claim that the rule is an unlawful government intrusion into the school’s freedom to practice religion.
A Metropolitan Life Insurance Co. agency sent junk faxes without the required opt-out notices to at least 40 people in violation of the Telephone Consumer Protection Act, according to a putative class action filed Tuesday in California federal court.
Consumer reporting agency General Information Services Inc. sued a pair of Chubb Group insurers in Pennsylvania on Monday over their refusal to cover the settlement of a long-running class action accusing it of illegally divulging arrest record information to a potential employer.
The widow of a Bristol-Myers Squibb Co. employee filed a putative class action against the company Tuesday, accusing it of taking out a $6 million insurance policy against her husband without his knowledge or consent.
Ironshore Specialty Insurance Co. sued to disavow covering a New England Compounding Center sister pharmacy against claims from alleged victims of the NECC-linked meningitis outbreak, saying Friday that attempts to paint the insured as an NECC alter ego don’t qualify for coverage.
A Queens County, N.Y., housing cooperative sued in federal court on Thursday to undo Fidelity National Property and Casualty Insurance Co.’s cancelation of seven property policies, which the corporation says stripped away more than $10 million in coverage for Superstorm Sandy damage.
The owner of several nightclubs in Seaside Heights, N.J., frequented by the cast of "The Jersey Shore," has launched a suit against Lloyds of London and affiliates, seeking coverage for damages caused by Superstorm Sandy, according to a complaint removed to New Jersey federal court Thursday.
Beazley Insurance Co. filed a suit in New York federal court Wednesday claiming it is not responsible to pay a claim Schnuck Markets made seeking millions of dollars in response to a cyberattack that compromised the credit and debit card information of about 2.4 million Schnuck customers last year.
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.
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.
Toys R Us said on Wednesday that Colony National Insurance Co. should be forced to cover a $25 million wrongful death verdict against the retailer because the insurer had refused to help Toys R Us settle with the family of a woman who died using a pool slide sold by the retailer.
Three bond insurers sued Detroit in Michigan bankruptcy court on Friday, a week after the city missed a deadline for $9.4 million in interest payments, saying it is legally obligated to use tax proceeds to pay back the debt it incurred for capital improvements.
A subsidiary of White Mountains Insurance Group Ltd. sued Plavnicky Kinzel Makowski LLP and a claims processing company in Texas court Thursday, alleging a mishandled property damage claim and bungled litigation had resulted in a $2.8 million verdict against the insurer.
XimpleWare Corp. hit competitor Versata Software Inc. and its affiliates with two lawsuits in California federal court Wednesday that together allege breach of contract, unfair competition and copyright and patent infringement, saying Versata made $300 million on the sales of an infringing insurance product.
The United National Insurance Co. filed suit Tuesday seeking to avoid defending an Ohio paint manufacturer in the U.S. Environmental Protection Agency's $3.4 million suit over a burned down solvent warehouse, arguing the manufacturer's policy doesn't cover pollution.
AIG Specialty Insurance Co. on Friday accused a Kansas aerospace parts finisher of contaminating a site owned by an aerospace parts manufacturer that AIG insures, saying it is owed at least $2.8 million for cleaning up the toxic mess.
JPMorgan Chase Bank NA funneled insurance referrals to a group of mortgage insurance businesses in exchange for kickbacks, in violation of the Real Estate Settlement Procedures Act, according to a putative class action filed Monday in Pennsylvania federal court.
Recent actions from the D.C. Circuit and the Nuclear Regulatory Commission have resumed the process of considering a disposal facility for spent nuclear fuel and other radioactive waste. If Yucca Mountain or another facility were finally licensed, the financial picture for nuclear power plant owners could be very different — which includes insurance coverage typically purchased by plant owners and operators, says Erin Webb of Dickstein Shaprio LLP.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
Certainly, no defendant wishes to advocate for greater damages. In addition to having to advance such an untenable position for the privilege of gaining access to federal court, there are at least two other issues that a defendant in the Second Circuit should consider before spending the time and money to seek removal of an action when the complaint is ambiguous on its face as to the amount of damages sought, say Andre Cizmarik and Kara Cormier of Edwards Wildman Palmer LLP.
The U.S. Supreme Court will have no shortage of issues to address concerning the rights of religious for-profit corporations in Hobby Lobby Stores Inc. v. Sebelius and Conestoga Wood Specialties Inc. v. Sebelius. Their answers will likely fracture the court — as they have the federal appellate courts — and could potentially lead to surprising results, say Darren Nadel and William Trachman at Littler Mendelson PC.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
The statutory and regulatory framework, marketplace, infrastructure and use of health information technology has grown and changed exponentially during the 2013 calendar year — but not without practical and legal challenges ranging from Affordable Care Act implementation to fraud and data protection concerns, say Sidney Welch and Cindy Acosta at Kilpatrick Townsend & Stockton LLP.
State appellate courts provided sweeping decisions in 2013 affecting coverage rights under a variety of insurance policies. Practitioners can learn from K&L Homes Inc. v. American Family Mutual Insurance Co. and Capstone Building Corp. v. American Motorists Insurance Co., to name just two, say attorneys with Kilpatrick Townsend & Stockton LLP.
A Georgia federal court recently ruled in Metro Brokers Inc. v. Transportation Insurance Co. that an all-risk insurance policy did not provide coverage for online fraudulent withdrawals from the company’s bank account. This decision offers guidance as to how a court may treat a policyholder’s claim under a traditional all-risk policy and the effect of broad computer fraud exclusions, says James Kitces at Robins Kaplan Miller & Ciresi LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
If, as a recent Florida district court decision makes clear, other policyholders’ claim files are discoverable because they are relevant to the question whether an insurance carrier engaged in a pattern of bad-faith claim denial, why wouldn’t claim files be discoverable when they are relevant to other questions in coverage cases? The honest answer is — they should be, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.