• March 20, 2018

    UnitedHealth Group Gets Pushback On Bid To Exit ERISA Suit

    A proposed class of beneficiaries accusing UnitedHealth Group Inc. and two subsidiaries of improperly denying claims for prosthetic devices urged a California federal court on Monday to reject the parent company's bid to exit the suit, arguing that it exerted control over its units' claims handling process.

  • March 20, 2018

    Farm's Crop Claim Puts Arbitrability Before Texas High Court

    Texas Supreme Court justices on Tuesday questioned whether a crop insurance policy’s arbitration provision extends far enough to force arbitration of a farm’s allegation that mistakes by its insurance agent caused the farm to be denied a crop damage claim under the policy.

  • March 20, 2018

    IRS Too Late To Assess Colo. Partnership, Tax Court Says

    The Internal Revenue Service cannot assess tax against a Colorado limited liability company that it accused of entering into a sham transaction to avoid taxes after the U.S. Tax Court ruled on Tuesday that the agency was too late in making adjustments to the partnership’s tax return.

  • March 20, 2018

    Insurer Doesn't Owe Defense In Website IP Battle, Judge Says

    A New York federal judge ruled Tuesday that Sentinel Insurance Co. doesn't have to cover business financing company BF Advance LLC's costs to defend a lawsuit accusing it of infringing copyrighted software for a "web spokesperson" video, holding that the underlying action falls squarely within a policy exclusion for claims relating to software use.

  • March 20, 2018

    Insurer Must Help Pay Condo Defect Defense, 10th Circ. Says

    Maryland Casualty Co. is entitled to reimbursement from Mid-Continent Casualty Co. for a portion of the money it paid to defend a general contractor in a condominium defect lawsuit, a split Tenth Circuit panel affirmed Tuesday, finding Maryland's action was timely and the underlying claims weren't clearly excluded by Mid-Continent's policies.

  • March 20, 2018

    T-Mobile's Name Wasn't On Insurance Policy, 9th Circ. Told

    Selective Insurance Co. of America has urged the Ninth Circuit to see through T-Mobile’s “transparent attempt to distract” the court “from the most basic elements” of a coverage dispute, saying that it denied the telecom’s claim for a very simple reason: It was never listed as an insured.

  • March 20, 2018

    Humana To Pay $2.5M To Resolve DOL's Pay Bias Claims

    Humana Inc. will pay $2.5 million in back wages and interest to settle the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ accusations that the insurer paid hundreds of women working at its headquarters in Louisville, Kentucky, less than their male counterparts, the agency announced Monday.

  • March 20, 2018

    Calif. Top Judge Says Upped Budget Will Speed Civil Docket

    California Chief Justice Tani Cantil-Sakauye on Monday applauded the governor's proposal to up trial court budgets by $123 million, saying the money will be used to speed civil dockets amid an "onslaught of cases waiting to be filed," like $12 billion in anticipated insurance claims stemming from recent wildfires.

  • March 20, 2018

    Alcoholic Worker's Disability Benefits Cutoff Ruled Proper

    A Michigan federal magistrate judge on Monday ruled that an insurance company rightly cut off disability benefits for a former anesthesiologist, finding that his inability to work stemmed from mental illness and alcoholism and not physical injuries suffered from a fall after drinking.

  • March 20, 2018

    Blue Cross Unit Fights Sanctions Bid In Aggrenox MDL

    Blue Cross and Blue Shield of Louisiana on Monday urged a Connecticut federal judge to nix a sanctions bid from Boehringer Ingelheim and Teva in multidistrict litigation over an alleged pay-for-delay scheme for a generic of Aggrenox, saying the motion has “lost urgency and importance” as a result of recent schedule changes.

  • March 20, 2018

    Geico Under-Reimburses For Health Services, Providers Say

    Geico has been hit with a second proposed class action by Florida health care providers for alleged under-reimbursement of their services based on language in its standard auto insurance policy that a federal judge has found another Geico entity was interpreting incorrectly.

  • March 20, 2018

    DOL's Health Plan Worries Overblown, Biz Advocates Say

    Concerns that the U.S. Department of Labor’s plan to make it easier for businesses to offer so-called association health plans will send costs surging for sicker workers are overblown, business advocates told a House of Representatives subcommittee Tuesday.

  • March 20, 2018

    MoFo, DLA Guide $155M ING-MassMutual Loan

    Morrison & Foerster LLP represented ING Capital in connection with its $155 million loan to a DLA Piper-counseled subsidiary of Massachusetts Mutual Life Insurance Co. for a rental apartment property on West 42nd Street in Manhattan that's also home to a theater, according to records made public in New York on Tuesday.

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Before his sudden departure Tuesday, Latham & Watkins LLP Chair Bill Voge engaged in a pattern of reckless behavior starting with sexually explicit messages sent to a woman he approached on behalf of a Christian men’s group and culminating in threats to her husband to have her thrown in jail. (This story has been updated to include more details.)

  • March 20, 2018

    EU Gov'ts Sign Off On Landmark Insurance Pact With US

    European Union governments finally signed off a landmark trans-Atlantic insurance deal between the U.S. and the EU on Tuesday, leaving it up to U.S state insurance regulators to start tackling key questions on how to implement a pact.

  • March 19, 2018

    Roche Bros. Not Covered For Snow Removal, Court Says

    Continental Casualty Co. doesn't have to cover Roche Brothers Supermarkets Inc.'s costs to remove snow from the roofs of several Massachusetts stores following record-breaking winter storms in 2015, a state judge ruled Friday, holding that the grocery chain's policy doesn't apply to preventative measures taken to avoid property damage.

  • March 19, 2018

    Canada Asks 1st Circ. To Affirm Sovereign Consulate Benefits

    Canada pressed the First Circuit on Monday to affirm that its foreign consulate in Boston should be free to operate its own benefit programs outside of Massachusetts state law.

  • March 19, 2018

    Weil, Davis Polk Steer $1.2B Fidelity-Stewart Deal

    Weil Gotshal & Manges LLP represented Fidelity National Financial Inc. in connection with its $1.2 billion acquisition of Davis Polk & Wardwell LLP-counseled global real estate services company Stewart Information Services Corp., a matter the firms announced on Monday.

  • March 19, 2018

    Chiropractors, Attys Say Geico Fraud Claims Lack Specifics

    Florida-based chiropractic network Path Medical LLC, a pair of law firms and several other parties on Friday filed a flurry of motions to dismiss Geico’s $15 million suit over allegedly fraudulent insurance claims, contending the company had not backed up its claims with specifics.

  • March 19, 2018

    Reinsurance Firm's Restructuring Implementation Deal OK'd

    A restructuring implementation agreement needed to integrate insolvency proceedings in multiple jurisdictions for bankrupt reinsurance firm Scottish Holdings Inc. received approval Monday in Delaware after the objections of creditors and the U.S. trustee were resolved.

Expert Analysis

  • Limitations Of Exclusivity Defense In Workers’ Comp Cases

    Pierre Grosdidier

    The Corpus Christi Court of Appeals' recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.

  • Chief Innovation Officer — The New Star Player On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Regulation Of Thrift-Holding Insurers May Shift To States

    Daniel Rabinowitz

    Insurers should watch the proposed State Insurance Regulation Preservation Act closely as they navigate shifting regulatory waters. This bill would essentially cede major aspects of group regulation to state regulators and the National Association of Insurance Commissioners, says Daniel Rabinowitz of Kramer Levin Naftalis & Frankel LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Opioid Solutions: Insurance, Legislation Or Litigation?

    Adam Fleischer

    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive, raising several questions about the cost, says Adam Fleischer of BatesCarey LLP.

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • Unreported Claims Do Not Always Jeopardize Coverage

    Shaun Crosner

    In many cases, insureds are entitled to coverage under claims-made policies notwithstanding failure to report a prior communication, demand or proceeding. When insurers argue otherwise, their positions must be evaluated carefully in light of the law, facts and pertinent policy provisions, says Shaun Crosner of Pasich LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.