More Insurance Coverage

  • September 14, 2022

    Gov't Subpoenas Limited In Captive Health Plan Tax Suit

    A Florida federal court narrowed subpoenas served on clients of a man the government claims misrepresented the tax consequences of illegitimate health plans, ruling Wednesday that they didn't have to provide information about claim histories or the insured's taxes.

  • September 14, 2022

    IRS Releases Foreign Insurance Calculation Guidelines

    The Internal Revenue Service on Wednesday published values for certain foreign insurance companies to use when calculating their minimum effectively connected net investment income for taxable years beginning after Dec. 31, 2020.

  • September 14, 2022

    Increase In Philly Med Mal Cases Expected After Rule Change

    The Pennsylvania Supreme Court's recent decision to effectively end, after two decades, a special venue rule placing restrictions on where a medical malpractice suit can be filed will result in an uptick in cases lodged in plaintiff-friendly Philadelphia County, experts say.

  • September 14, 2022

    Ill. Judge Signs Off On Fire Safety Workers' $2.6M Wage Deal

    An Illinois federal judge gave his blessing Wednesday to a $2.6 million settlement between fire safety company SimplexGrinnell LLC and a class of employees who accused the company of failing to pay them the prevailing wage for Illinois public contractors.

  • September 14, 2022

    FisherBroyles Names New Assistant GC

    Virtual law firm FisherBroyles LLP has appointed partner Jill A. Guldin as its second assistant general counsel, joining general counsel Joel Ferdinand and assistant general counsel Landon Speights in managing the fast-growing firm's risk management and compliance efforts, the firm said Tuesday.

  • September 14, 2022

    MVP: Mayer Brown's Bronwyn Pollock

    Bronwyn Pollock of Mayer Brown LLP landed the dismissal of a slew of proposed class actions against a travel insurer over COVID-19 trip cancellations and helped secure favorable rulings for Zurich in numerous pandemic-related business interruption suits, landing her a spot among Law360's 2022 Insurance MVPs.

  • September 13, 2022

    Sen. Graham's Federal Abortion Ban Gets GOP Cold Shoulder

    Sen. Lindsey Graham proposed a federal ban on abortions after 15 weeks of pregnancy Tuesday, a move that irked fellow Republican senators who saw no reason to disrupt the authority that the U.S. Supreme Court gave states to regulate the procedure with its landmark reversal of Roe v. Wade.

  • September 13, 2022

    Insurer Wants Class Decertified In Fla. Medicare Recovery Suit

    IDS Property Casualty Insurance Co. urged Florida's Third District on Tuesday to reverse class certification for a second time in litigation brought by the assignee of a defunct Medicare Advantage organization over the auto insurer's reimbursement practices, saying the plaintiffs had failed to fix flaws in the case cited in the appeals court's previous ruling.

  • September 13, 2022

    Boy Scouts Case Far From Over As Ch. 11 Appeals Loom

    The 2½-year-old Chapter 11 case of the Boy Scouts of America is far from over as its recently issued plan confirmation order is sure to be soon appealed over the permissibility of third-party releases and the good faith of the debtor in proposing the plan, experts say.

  • September 13, 2022

    Gordon & Rees Adds Insurance Expert To Denver Office

    Gordon & Rees LLP has added a partner to its Denver office who brings two decades of experience to the firm's insurance, commercial litigation and construction practice groups, the firm announced.

  • September 13, 2022

    Williams Mullen Adds 2 Partners In Northern Virginia Office

    Williams Mullen has added two partners to its northern Virginia office: a corporate partner and a partner returning to Williams Mullen after working 10 years at other firms and will chair its antitrust practice, the firm said Monday.

  • September 13, 2022

    MVP: Gibson Dunn's Deborah Stein

    Deborah Stein of Gibson Dunn & Crutcher LLP successfully defended Mutual of Enumclaw in a closely watched COVID-19 coverage dispute before the Washington Supreme Court while also litigating numerous other important insurance disputes, earning her a spot among Law360's 2022 Insurance MVPs.

  • September 12, 2022

    Del. Justices Reverse NJ Plant Cleanup Cost Order

    Delaware's Supreme Court reversed on Monday a lower court ruling that said the buyers of a polluted chemical plant site in Linden, New Jersey, were responsible for off-site contamination despite what the justices said was a clear liability exclusion.

  • September 12, 2022

    Insurer Can't Get Redo Of $6M Attorney Fees In Death Suit

    A Georgia federal judge on Monday denied a bid by Cypress Insurance Co. to undo $6 million in attorney fees and costs in a suit over a tractor-trailer accident in which one of its policyholders and a pedestrian were killed.

  • September 12, 2022

    Trump Org Atty 'Not Prepared' As Trial Looms, Judge Says

    A New York state judge criticized a Trump Organization attorney as unprepared on Monday ahead of next month's fraud trial against former President Donald Trump's company.

  • September 12, 2022

    NJ High Court Leans Toward Workers' Comp Duty For Brokers

    The New Jersey Supreme Court seemed open Monday to signing off on a state appellate holding that insurance brokers have a duty to advise new members of an LLC of the ability to opt into workers' compensation insurance coverage, while also wrestling with the foundation for such an obligation.

  • September 12, 2022

    MVP: Covington's Anna Engh

    Anna P. Engh of Covington & Burling LLP led a team that successfully defended pharma giant Merck & Co. in insurance coverage litigation of its $1.4 billion loss from a 2017 cyberattack, earning her a spot as one of Law360's 2022 Insurance MVPs.

  • September 09, 2022

    AIG Spinoff's $1.8B Offering Kicks Off September IPO Lineup

    An AIG subsidiary is preparing an estimated $1.8 billion initial public offering, potentially the largest of 2022, leading several prospects scheduled for the coming week whose debuts could provide signals about whether the frozen IPO market will thaw.

  • September 09, 2022

    Insurance Co. Rips Summons In Tax Shelter Case As Overbroad

    An insurance company suspected of promoting abusive tax shelters asked a Florida federal court to limit an Internal Revenue Service summons seeking access to its internal documents, saying the agency was venturing on an unchecked, overbroad search.

  • September 09, 2022

    Ernst & Young To Split Into 2 Companies

    Ernst & Young will split into two distinct companies following a vote that will conclude in early 2023, the accounting giant announced Thursday.

  • September 09, 2022

    John Hancock Unlawfully Raised Insurance Costs, Court Told

    An Irish investment funds manager told a California federal court that an insurer breached its contract by unlawfully increasing the cost of insurance for a targeted group of universal life insurance policyholders.

  • September 09, 2022

    MVP: Cohen Ziffer's Adam Ziffer

    Adam Ziffer of Cohen Ziffer Frenchman & McKenna LLP secured a win for Towers Watson in an $80 million coverage dispute under a directors and officers policy, one of the many big-money decisions Ziffer's burgeoning firm has notched for its corporate clients, earning him a spot among Law360's 2022 Insurance MVPs.

  • September 09, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Pfizer and BioNTech seeking a declaration that their COVID-19 vaccine doesn't infringe CureVac's European patents, Zurich Insurance suing those caught up in a superyacht fire in a limitation of liability claim, and British vodka brand Au Vodka suing its rival in a trademark claim.

  • September 09, 2022

    Weekly Internal Revenue Bulletin

    The Internal Revenue Service released its weekly bulletin, which included a notice that certain regulations pertaining to nonresident aliens would be changed to delay their applicability.

  • September 08, 2022

    UnitedHealth Deal Is 'Not A Merger To Monopoly,' Judge Says

    The D.C. federal judge who will decide the fate of UnitedHealth's $13.8 billion bid for Change Healthcare challenged the U.S. Department of Justice during closing arguments Thursday on its assertions that the deal will create a monopoly for health insurance claims processing technology, repeatedly noting plans to divest the sole overlapping business unit.

Expert Analysis

  • 1 Year Shows Ford Ruling Didn't Change Personal Jurisdiction

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    Federal decisions issued in the year since the U.S. Supreme Court's Ford Motor v. Montana opinion support Justice Elena Kagan's insistence that the ruling simply applied precedent and did not create a new standard for evaluating specific personal jurisdiction as some feared, say attorneys at DLA Piper.

  • SEC's Climate Rules Promote Compliance, Not Real Change

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    Compliance with the U.S. Securities and Exchange Commission’s proposed new rules requiring corporate disclosures of activities and risks associated with climate change will be performative, and the flawed rules will fail at their primary purpose — giving investors and stakeholders actionable information, say Nir Kossovsky and Denise Williamee at Steel City Re.

  • Cos. In Port Areas Face Growing Longshore Act Claims Risk

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    Trucking companies and other businesses with operations located near waterfront cargo terminals should be aware that courts' inconsistent application of the Longshore and Harbor Workers' Compensation Act could increase their exposure to workers' compensation litigation, says Matthew Malouf at Bauer Moynihan.

  • What Ohio's 'Surprise Billing' Ban Means For Providers

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    Ohio's new law prohibiting certain out-of-network billing practices presents some difficult issues for providers — especially rural providers — to navigate, and likely will lead to inconsistent reimbursement rates and considerable administrative costs, say attorneys at Dinsmore.

  • SG Must Take A Stand On Medical Cannabis Reimbursement

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    The solicitor general's expected brief in Musta v. Mendota Heights Dental Center — on whether the U.S. Supreme Court should resolve how federal drug laws affect state laws requiring workers’ compensation benefits for medical marijuana treatment — will need to make a clear recommendation, because the cannabis industry can no longer tolerate half measures, says David Standa at Greenspoon Marder.

  • Best Practices For Boards, Execs After SEC's Cyber Proposal

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    The U.S. Securities and Exchange Commission's recently proposed cybersecurity disclosure rules signal that officers and directors, not just companies, may find themselves in the SEC's crosshairs over cyber incidents and disclosure failings, but several best practices and steps can help minimize their risk, says Matthew Dunn at Carter Ledyard.

  • A Workers' Comp. Defense Refresher For Georgia Employers

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    With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.

  • Group Plan Questions After Telehealth Coverage Extension

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    The recently enacted Appropriations Act extends a pandemic-era provision allowing health benefit plans to provide predeductible coverage for telehealth services, but without more permanent guidance from the IRS or Congress, key questions remain about retroactive liability and long-term solutions, say attorneys at King & Spalding.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • 9th Circ.'s Hasty UnitedHealth Reversal Is Disappointing

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    The Ninth Circuit’s recent decision to overturn a ruling that ordered a UnitedHealth subsidiary to reassess thousands of behavioral health benefit claims treats the district court’s detailed findings with surprising haste and is open to serious question that cries out for en banc review, says Mark DeBofsky at DeBofsky Sherman.

  • ERISA Ruling Was Right To Seal Sensitive Records

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    An Ohio federal court’s recent decision to seal the record in Price v. Hartford Life and Accident Insurance, and comparable rulings in other jurisdictions, shows that the sensitive information standard that limits access to Social Security records should apply to Employee Retirement Income Security Act claim files that are similar in nature, says Mark DeBofsky at DeBofsky Sherman.

  • Supply Chain Issues Put Carmack Preemption In Spotlight

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    As U.S. businesses continue to struggle with supply chain problems, claims for losses and damages during shipping are likely to increase — so companies should make sure they understand how the Carmack Amendment preempts most state law claims related to carrier liability for cargo loss, and what the exceptions are, says Andrew Steif at Gunster.

  • Aviation Watch: How Russia Sanctions Will Affect Aviation

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    Sanctions levied against Russia in the wake of its invasion of Ukraine will likely leave the country with almost no national air transport industry, but will also have significant impacts on the Western aviation sector as well, from complicating flight paths to jeopardizing leasing arrangements, says Alan Hoffman, a retired attorney and aviation expert.

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