• May 26, 2017

    Fed Circ. Revives Vet's Suit Over Benefits After Non-VA Care

    The Federal Circuit on Friday revived a suit challenging the denial of disability benefits for a veteran who suffered injuries during a privately performed surgery recommended by a Veterans Affairs doctor, saying there were unresolved issues as to whether the surgery was prompted by VA care.

  • May 26, 2017

    Ill. Senate Passes Workers’ Comp Changes Without Repubs

    Democrats in the Illinois Senate on Friday passed legislation to tweak workers’ compensation laws in Illinois, continuing on their mission to pass separate parts of a bipartisan negotiated package without Republican votes.

  • May 26, 2017

    Texas Resort Sues Insurer After $157M Storm Damage

    A large Texas resort is suing its excess insurer of last resort, Homeland Insurance, for coverage of major property damage from a storm system that raked its golf course, housing development, and almost two square miles of woods in April 2015 and caused an estimated $157 million in damage.​

  • May 26, 2017

    Insurers Needn't Cover Spyware Suits, 9th Circ. Affirms

    The Ninth Circuit on Friday affirmed that subsidiaries of Hartford and Liberty Mutual don't have to cover a pair of lawsuits accusing an Aaron's franchisee of spying on customers through rental computers, finding that all of the underlying allegations either don't fall within the terms of the insurers' policies or are subject to exclusions.

  • May 26, 2017

    Texas High Court Says E-Discovery Disputes Need Balance

    Trial courts presiding over electronic discovery disputes must keep in mind that “proportionality is the polestar” and weigh the burden of producing evidence in specialized formats, the Texas Supreme Court said Friday in a State Farm Lloyds discovery row stemming from hailstorm claims.

  • May 26, 2017

    Hospital Can't Directly Sue State Farm, Mich. Justices Say

    The Michigan Supreme Court held Thursday that Covenant Medical Center cannot maintain its claim against State Farm for coverage of medical services provided to the auto insurer's policyholder after a car crash, finding the state's no-fault insurance law does not allow a health care provider to directly sue an insurer for benefits.

  • May 26, 2017

    Coverage Barred By Laggardly Notice, 8th Circ. Says

    A Minnesota nationwide food wholesaler has lost the opportunity to avail itself of insurance coverage for a former salesperson’s suit seeking unpaid commissions, the Eighth Circuit ruled Thursday, because the policyholder didn’t provide notice “as soon as practicable.”

  • May 26, 2017

    US Trustee Objects To BCBG Ch. 11 Plan Details

    The U.S. Trustee has filed an objection in New York bankruptcy court to BCBG Max Azria Group Inc.’s disclosures on its Chapter 11 plan, saying it unjustifiably excludes creditors from the approval process and has overbroad liability releases.

  • May 26, 2017

    Taxation With Representation: Cleary, Paul, Winston, Davis

    In this week’s Taxation With Representation, Clariant and Huntsman combine to form a global specialty chemical company worth $20 billion, RCN Telecom Services picks up Wave Broadband in a $2.365 billion transaction, and blank check company CF Corp. unveils a $1.835 billion deal for Fidelity & Guaranty Life.

  • May 25, 2017

    21st Century Oncology To Restructure $1.1B Of Debt In Ch. 11

    Facing a bloated balance sheet and difficulties attributed to lower reimbursement rates and health care regulation penalties, global cancer treatment center operator 21st Century Oncology sought Chapter 11 protection on Thursday in New York bankruptcy court to implement a prearranged plan that would chop its $1.1 billion debt in half.

  • May 25, 2017

    Coverage Battle At 9th Circ. May Hobble Private D&O Policies

    Scottsdale Insurance Co. recently asked the Ninth Circuit to uphold a ruling that an exclusion in an education technology company’s policy for claims related to professional services bars coverage for a False Claims Act suit, and attorneys say a decision in the insurer’s favor could severely limit D&O coverage for privately held service providers.

  • May 25, 2017

    114 Suits Can Count As 2 In Hospital Insurance Row: Judge

    A Tennessee Chancery Court judge has denied Steadfast Insurance’s bid for a quick win over a health care company in a fight over how many malpractice suits can be classed as one “medical incident” for deductible purposes, saying the company’s interpretation of the policy was reasonable, according to a decision unsealed Thursday.

  • May 25, 2017

    Hospitals Ask Texas Justices To Block Insurance Discovery

    Two Texas hospital chains on Wednesday told the Texas Supreme Court hospitals across the state can be held hostage by uninsured patients if the court doesn’t reverse a trial court order requiring a Houston area hospital to disclose its insurance reimbursement rates.

  • May 25, 2017

    Allstate Wants Appeal Of Pa. Law's Application To Policies

    Allstate asked a Pennsylvania federal court Wednesday for permission to appeal a ruling that found a provision in its auto policies that allegedly required policyholders to undergo physical examinations by insurer-chosen doctors in order to get medical benefits was in possible violation of Pennsylvania state law.

  • May 25, 2017

    Promoter Slams Yahoo March Madness Fee Win At 5th Circ.

    A promoter and prize insurer Wednesday asked the Fifth Circuit to reverse a more than $913,000 attorneys' fees award to Yahoo after it successfully defended against a suit over a scrapped $1 billion NCAA March Madness contest, saying the lower court misapplied state-court precedent.

  • May 25, 2017

    Sewage Not Pollution Under Insurance Policy, 11th Circ. Told

    An Alabama federal court followed clear state law precedent when it ruled that a “total pollution” exclusion in an insurance policy issued to a construction company did not bar coverage for a sewage leak, and the Eleventh Circuit should do the same, the Dixie Electric Cooperative told the appeals court Thursday.

  • May 25, 2017

    11th Circ. Clears Insurance Co. In Spa Stroke Suit

    The 11th Circuit on Wednesday found that Evanston Insurance Co. does not have to pay a $500,000 settlement that a spa owner paid to a woman who suffered a stroke during a massage, affirming a lower court finding that vicarious liability wasn’t covered.

  • May 25, 2017

    NJ High Court Denies Coverage For Sandy Debris Removal

    The New Jersey Supreme Court on Thursday knocked down an appellate panel ruling that entities behind an apartment complex flooded by Superstorm Sandy are entitled to additional insurance coverage for debris removal, saying the policy “unambiguously” limits their recovery to $1 million for flood-related losses.

  • May 24, 2017

    NJ High Court Remands Enviro Cleanup Coverage Row

    The New Jersey Supreme Court has ordered the state's Appellate Division to revisit its decision that a property owner may pursue litigation against insurers over environmental cleanup coverage under policies issued to a bankrupt former owner, saying that finding should be re-evaluated based on a Supreme Court opinion on post-loss claim assignments.

  • May 24, 2017

    4 Key Takeaways As CBO Scores Revised ACA Repeal Bill

    The Congressional Budget Office on Wednesday predicted that Republican legislation largely repealing the Affordable Care Act would destabilize many insurance markets and put comprehensive health insurance out of reach for many Americans. Here are four takeaways from the CBO’s eagerly awaited forecast.

Expert Analysis

  • Glass-Steagall Revival Could Have Profound Impact

    V. Gerard Comizio

    The financial services industry faces the real possibility of a bipartisan effort to reinstate the portions of the Glass-Steagall Act that separated commercial and investment banking. Depending on the final form any new legislation takes, the changes could go further than merely reinstating the status quo as of 1999, say V. Gerard Comizio and Nathan Brownback of Fried Frank Harris Shriver & Jacobson LLP.

  • Tribes Really Need More Than Sovereign Immunity Defense

    Erica Dominitz

    While Lewis v. Clarke may provide cause for concern for tribal employees and for tribes that may be obligated to indemnify them, tribes can protect themselves by carefully reviewing and assessing their risk management programs and the sufficiency of their liability insurance policies, say Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP.

  • Covering New Fraud Risks With Traditional Policies: Part 2

    Mary Borja

    Because traditional policies that afford coverage for business email compromise losses tend to be rare, a number of carriers now offer policies tailored to these losses. Insureds seeking coverage for this risk should request a policy that specifically covers fraudulent instruction and social engineering losses, say attorneys with Wiley Rein LLP in the final part of this article.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Opinion

    DOL Fiduciary Rule Puts American Investors First

    Anil Vazirani

    American workers and families should cautiously applaud U.S. Department of Labor Secretary Alexander Acosta’s recent decision to allow partial implementation of the fiduciary rule to proceed. He recognizes the need to protect retirement investors, but the reality is that investors will still need to fight to keep this protection from predatory marketing practices, says 

Anil Vazirani, president and CEO of Secured Financial Solutions LLC.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • Covering New Fraud Risks With Traditional Policies: Part 1

    Mary Borja

    Targets of fraudulent wire instruction scams have found that whether insurance coverage is available is highly dependent on the precise language of their specific policies, but the cases that have been litigated to date show that more often than not, traditional policies do not cover these exposures, say attorneys with Wiley Rein LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Pretax Premiums May Have Employees Singing Post-Tax Blues

    Matt Gerard

    A recent IRS memo states that payments made to participants under certain fixed indemnity health plans must be included in employees’ gross income, unless the premiums for such plans are paid on an after-tax basis. However, the memo does not address how employers should administer these taxable fixed indemnity payments, says Matt Gerard, in-house legal counsel at National Benefits Services.

  • FHFA Should Free Captive Insurer Capital

    Jeffrey Murphy

    The Federal Housing Finance Agency's ruling that prevents captive insurance companies from becoming members of the Federal Home Loan Bank system is forcing billions of dollars of private capital out of the U.S. residential mortgage market. Hopefully, the Trump administration and members of Congress will be able to convince FHFA Director Melvin Watt to reverse this ruling, says Jeffrey Murphy of Dentons.