• July 20, 2017

    Geico's Bad Faith Win Should Stand, Fla. Justices Told

    Geico urged the Florida Supreme Court to uphold a finding that the insurer did not act in bad faith by not settling claims against a policyholder later hit with an $8.7 million fatal-crash judgment, asserting Thursday that an appellate decision for Geico was consistent with established bad faith law.

  • July 20, 2017

    Failed ACA Insurer's Suit Belongs In Claims Court, Feds Say

    The liquidator for a failed South Carolina co-op insurer formed under the Affordable Care Act should file his suit challenging a federal loan repayment demand in the U.S. Court of Federal Claims, as the suit is a request for money disguised as a call for injunctive relief, the government said Wednesday.

  • July 20, 2017

    Knottier Malpractice Theories Driving Up BigLaw Defense Bills

    The BigLaw bill for fending off malpractice suits is being pushed skyward by increasingly convoluted theories from former clients about how flawed advice led to business losses and more creative claims of legal blunders, according to insurance specialists.

  • July 20, 2017

    Tweaked ACA Repeal Still Means 22M More Uninsured: CBO

    Revised legislation to repeal and replace the Affordable Care Act would still cause 22 million fewer Americans to have health insurance, according to a Congressional Budget Office analysis Thursday that didn’t even examine the bill’s most controversial provision.

  • July 20, 2017

    UK Sets Out New Framework For Insurance-Tied Securities

    The U.K. Treasury released details Thursday of a new regulatory and tax regime to help Britain break into the surging global trade in insurance-linked securities, which could be worth £87 billion ($113 billion) by 2019.

  • July 19, 2017

    Insurers, Policyholders Both See Silver Lining In Olin Ruling

    The Second Circuit's decision Tuesday in Olin Corp.'s bid for environmental cleanup coverage reaffirmed a ruling from the New York Court of Appeals that policyholders can seek coverage for an entire loss under any triggered policy they hold, but it also opened the door for insurers to reduce their liability by deducting past payments by other carriers.

  • July 19, 2017

    Horizon, Hospitals Reach Tentative Deal On $125M Claims

    Three New Jersey hospitals told a federal court Tuesday that they have reached a tentative deal with Horizon Healthcare Services Inc. to resolve claims that the insurer owes them more than $125 million for out-of-network services and that the company has made false and misleading statements in an effort to drive them into bankruptcy.

  • July 19, 2017

    Magistrate Who Signed Warrants DQ'd From Fraud Suit

    A U.S. magistrate judge agreed Tuesday to step aside in a suit brought by Allstate against several related Michigan medical companies due to claims that she also signed a warrant for the FBI to search the office of one company and the home of one of its executives, who is also named as a defendant.

  • July 19, 2017

    LabCorp Says AIG, Liberty Must Cover $13.5M FACTA Suit

    Laboratory Corp. of America hit AIG Specialty Insurance and Liberty Mutual Insurance Co. with a suit on Wednesday in North Carolina federal court seeking coverage for the roughly $13.5 million it shelled out to settle a consumer privacy class action in 2015.

  • July 19, 2017

    Housing Group Can Recover $1.5M Hail Loss, Iowa Court Says

    An Iowa appeals court on Wednesday reversed a lower court decision and found an insurance appraisal panel’s award of $1.5 million to a housing association for hail damage was binding.

  • July 19, 2017

    Clean ACA Repeal Means 32M Uninsured, CBO Says

    Repealing the Affordable Care Act's funding and individual mandate without passing a replacement plan would eventually lead to 32 million more uninsured Americans and cause premiums to double, the Congressional Budget Office reported Wednesday.

  • July 19, 2017

    MF Global Insurer Loses Appeal Bid Over Bermuda Suit

    A New York federal judge has denied a bid from defunct brokerage MF Global’s excess insurer Allied World to challenge bankruptcy court orders issued after the insurer failed to obtain permission before seeking to arbitrate a coverage dispute in Bermuda, finding the orders unripe for appeal.

  • July 19, 2017

    3rd Circ. Revives Aetna's False Billing Suit

    The Third Circuit decided Wednesday to revive a suit by Aetna Life Insurance Co. that accused a Pennsylvania surgical center of fraudulent billing, ruling that the form the center submitted to insurers was ambiguous in overturning the trial court’s decision to toss the case.

  • July 18, 2017

    NY Appeals Court Says New York Life's Class Waiver Illegal

    A New York appellate court ruled Tuesday that a class waiver in a contract between New York Life Insurance Co. and former agents violates the National Labor Relations Act, though it kept in place a lower court’s decision to toss the agents' overtime and minimum wage claims.

  • July 18, 2017

    5 Key Questions As ACA Repeal Hangs By Thread

    Questions swirled on Tuesday about whether Affordable Care Act repeal efforts are truly doomed and, if so, how the White House and congressional Republicans will react. Here's where Capitol Hill lobbyists think things are headed.

  • July 18, 2017

    Airbnb Listing Led To Wrongful Coverage Denial, Suit Says

    A California homeowner has accused Travelers of systematically denying property damage claims when any part of a damaged building has been listed for short-term lodging on Airbnb, regardless of whether the loss had anything to do with the listing, according to a complaint filed in state court last week.

  • July 18, 2017

    Humana Dodges Bulk Of Texas Hospital's $15M Late-Pay Suit

    A Texas federal judge on Monday nearly wiped out a $15 million suit in which Houston Methodist Hospital and six affiliates claimed Humana Insurance Co. violated Texas insurance law by paying claims late, with the judge ruling the state law is preempted.

  • July 18, 2017

    Prior Policies In Play In Olin Cleanup Suit, 2nd Circ. Says

    The Second Circuit affirmed Tuesday that Olin Corp.'s excess policies with Lamorak Insurance Co. were triggered by the chemical producer's payments to clean up several contaminated sites, but found that the insurer may seek to reduce its liability by amounts paid under prior policies covering the same loss.

  • July 18, 2017

    HHS Urges More Transparency On 340B Drug Prices

    The U.S. Department of Health and Human Services on Tuesday called for increased transparency on the 340B Drug Discount Program’s prices and claims, as well as clearer rules about providers’ relationships with contract pharmacies that dispense drugs purchased through the program.

  • July 18, 2017

    Ex-Pa. Attorney Gets 2 Years For Fraud Scheme

    A former Pennsylvania attorney was sentenced to two years in federal prison on Monday following her conviction on charges of misrepresenting herself as an authorized agent of a Texas-based title insurance company and selling invalid policies to clients.

Expert Analysis

  • Health Republic’s Curious Liquidation: Part 12

    James Veach

    Health Republic's liquidator has stated that claimants will not be paid until Health Republic's disputed claims against and from the federal government are resolved. Policyholders and other creditors should not be told to wait through a claims adjudication process only to find that potentially barely any money may remain to pay even a small portion of approved claims, says James Veach of Mound Cotton Wollan & Greengrass LLP.

  • How Accounts Receivable Insurance Can Help Your Deal

    Jeff Anderson

    Due diligence is a critical part of the M&A process, and with so many risks to assess, accounts receivable often does not get the attention it deserves. Future accounts receivable performance is one area in which buyers have limited control, say Jeff Anderson and Kent Paisley of Allied World Insurance Co.

  • When LinkedIn Emails Don't Violate A Noncompete

    James Patton Jr.

    An Illinois state appeals court's recent decision in Bankers Life & Casualty v. American Senior Benefits serves as another reminder to employers that the type of activity in question is crucial in determining whether an individual violates his or her nonsolicitation agreement on social media, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • Looking Ahead For The National Flood Insurance Program

    Michelle Rudd

    The Federal Emergency Management Agency's National Flood Insurance Program will expire if not reauthorized before Sept. 30, 2017, which would have immediate and long-term repercussions for property owners. There is a need to reauthorize the NFIP and improve it in order to align values of a national safety net and self-reliance on both a personal and local community level, says Michelle Rudd of Stoel Rives LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rising Shareholder Demands Drive New Insurance Solutions

    Sarah Katz Downey

    As shareholders increasingly demand to inspect companies' books and records, the corresponding increase in costs of responding to those demands has raised concerns among directors and officers. Fortunately, there are now a number of different options for insuring such costs, say Sarah Katz Downey of Marsh USA Inc. and Anthony Paccione and Jason Vigna of Katten Muchin Rosenman LLP.

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • SEC’s Emerging Enforcement Priorities In The Bond Markets

    Michael Osnato Jr.

    Beginning with the 2013 charges against Jesse Litvak for misrepresentations to counterparties in the market for residential mortgage-backed securities, the U.S. Securities and Exchange Commission has aggressively pursued similar cases against bond traders. Michael Osnato Jr. and Meaghan Kelly of Simpson Thacher & Bartlett LLP survey the impact of the Litvak line of cases and offer insights into where the SEC will next deploy its an... (continued)

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.