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Insurance

  • September 14, 2018

    Anthem 401(k) Participants Win Partial Cert. In ERISA Suit

    An Indiana federal judge on Friday said a group of participants in a 401(k) plan affiliated with Anthem Inc. can proceed as a class with claims that the plan’s administrators made a faulty investment in a money market fund that caused substantial losses, but she rejected a second proposed class.

  • September 14, 2018

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

    The last week has seen Denmark's tax authority file another fraud suit against more investment firms, insurance giants like Amlin and Axa sue a seafood distributor, and a bid to appeal a decision from former shareholders of a business in RBS' controversial restructuring unit. Here, Law360 looks at those and other new claims in the U.K.

  • September 14, 2018

    Fox Rothschild Adds GrayRobinson Real Estate Partner In Fla.

    Former GrayRobinson PA real estate and hospitality partner Steven W. Zelkowitz has joined Fox Rothschild LLP’s real estate group in Miami, where he hopes to help the firm expand its presence in South Florida, the firm announced Thursday.

  • September 14, 2018

    Taxation With Representation: Latham, Wachtell, Simpson

    In this week’s Taxation with Representation, Renesas Electronics bought Integrated Device Technology Inc. for $6.7 billion, the Carlyle Group snapped up Sedgwick Claims Management Services for $6.7 billion, a consortium of buyers took over MPM Holdings, and Science Applications International Corp. acquired Engility Holdings for $2.5 billion.

  • September 14, 2018

    Day Pitney Guides MassMutual On $110M Queens Loan

    Day Pitney LLP represented Massachusetts Mutual Life Insurance Co. in connection with its $110 million loan to Brause Realty Inc. for an apartment building in Long Island City, Queens, according to records made public in New York on Friday.

  • September 14, 2018

    Deals Rumor Mill: Thor Industries, Covea, Volkswagen

    Indiana-headquartered RV manufacturer Thor Industries could buy Erwin Hymer in a deal valuing the German peer at more than €2 billion, U.K. insurer Covea is still hoping to acquire French reinsurer Scor, and Volkswagen is preparing a potential IPO for its multibillion-dollar heavy-truck business.

  • September 14, 2018

    Lawmaker Takes Aim At Trump Admin. Over Insurance Rule

    A Democratic federal lawmaker from Florida floated a resolution on Thursday condemning the Trump administration’s final rule that gave health insurers the green light to sell lengthier policies that don’t include Affordable Care Act benefits and protections.

  • September 14, 2018

    NJ Doc's Med Mal Win Nixed Over Conflict Of Atty On Jury

    A New Jersey state appeals court on Friday overturned a jury verdict in a doctor's favor in a medical malpractice action alleging he performed a hysterectomy after incorrectly suspecting a woman had cancer, saying an attorney who represented the physician’s insurer in other matters was improperly allowed to temporarily serve as a juror.

  • September 14, 2018

    Trump Admin. Sued For Extending ACA-Skirting Insurance

    The Trump administration flouted the Affordable Care Act when it allowed dramatically lengthier sales of purportedly “short-term” insurance policies that lack ACA benefits and protections, according to a complaint filed Friday by insurers, doctors and patient advocates.

  • September 14, 2018

    Insurer Says Whitney Museum Subcontractor Owes $12.8M

    Steadfast Insurance Co. filed a complaint on behalf of a construction company in New York state court Thursday seeking approximately $12.8 million for damages stemming from a subcontractor's alleged failure to complete electrical work at the Whitney Museum of American Art in Manhattan.

  • September 14, 2018

    Anadarko's $100M Coverage Showdown Rattles Energy Cos.

    Oil and gas companies will be watching intently as Anadarko Petroleum Corp. heads to the Texas Supreme Court on Monday to challenge a ruling that insurance doesn't cover its $100 million defense bill in Deepwater Horizon litigation, in a case that energy industry groups have decried as an egregious example of insurers using courts to rewrite their policies.

  • September 13, 2018

    Insurer On Hook For $3M Cleanup Of Laundromat Suds Spills

    Ace Property and Casualty Insurance Co. must cover $3 million that a defunct laundromat owes a real estate holding company for polluting a site straddling the Massachusetts-New Hampshire border with dry-cleaning chemicals, a Massachusetts federal judge ruled Thursday.

  • September 13, 2018

    Fla. Condo Wants Insurer to Dig It Out Of $25M Sinkhole Loss

    A Florida condominium association filed suit Thursday in federal court in Tampa against Philadelphia Indemnity Insurance Co. over the insurer's refusal to cover a $25 million claim for alleged sinkhole damage, arguing that the denial was based on insufficient testing of the property.

  • September 13, 2018

    Maryland Launches Counterattack On Latest ACA Challenge

    Maryland on Thursday sued the Trump administration in a direct counterattack on the GOP's latest legal challenge to the Affordable Care Act, potentially setting the stage for conflicting rulings on the law's fate.

  • September 13, 2018

    Intoxication Exclusion Applies To Snowmobile In Benefit Suit

    A Minnesota federal judge has approved a benefits-plan administrator's decision to deny coverage for a death in a snowmobile accident, ruling Wednesday that the snowmobile was a “motor vehicle” and piloting it under the influence could reasonably negate coverage.

  • September 13, 2018

    Sidley, Debevoise Guide $950M Insurance Co. Acquisition

    Attorneys at Sidley Austin LLP and Debevoise & Plimpton LLP hammered out the details of a $950 million deal announced Thursday that will see China Reinsurance Corp. acquire the international specialty insurance businesses that make up Chaucer Insurance Group PLC from Massachusetts-based The Hanover Insurance Group.

  • September 13, 2018

    NY Panel Axes MBIA Fraud Claim In Suit Against Credit Suisse

    A New York appeals court decided Thursday it won't revive a fraud claim MBIA Insurance Corp. brought in its $253 million suit against Credit Suisse over losses it incurred backstopping the bank's residential mortgage-backed securities, and also nixed an earlier win the bond insurer scored in the case.

  • September 13, 2018

    NRA Atty Booted From Va. Case For Not Disclosing Sanction

    Arguments by a National Rifle Association lawyer that his failure to include on a pro hac vice application a well-publicized sanction for trying to taint a Texas jury pool was an honest mistake came to naught Thursday when a Virginia federal judge revoked his permission to practice in the court.

  • September 13, 2018

    Centene Seeks To Avoid Class Action Over Provider Network

    Centene Management Company LLC has urged a federal court to toss a proposed class action alleging it misrepresented the size of a provider network, saying the amended suit is trying to second-guess Washington state regulators’ work.

  • September 13, 2018

    CNA Need Not Cover Atty's $1.5M Award In Funds Theft Row

    A Connecticut federal judge ruled Wednesday that a CNA Financial Corp. insurer doesn’t have to cover a nearly $1.5 million award entered against a lawyer after a jury found he had misappropriated a client’s funds to pay for personal expenses, concluding that the damages sought in the underlying action are excluded by the lawyer’s policy.

Expert Analysis

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Travel Act Gets Mileage In Health Care Cases

    Bradley Smyer

    In U.S. v. Beauchamp, a Texas surgeon recently agreed to plead guilty to federal conspiracy and violation of the Travel Act for his role in an alleged scheme involving millions of dollars in bribes and kickbacks for patient referrals. The case confirms that the Travel Act has officially come to health care enforcement, say Bradley Smyer and Mia Falzarano of Alston & Bird LLP.

  • Challenge Calif. Insurer Limits On Independent Counsel Rates

    Susan White

    When an insurer allows an insured to select its own defense counsel in California, it will often only agree to pay a very low hourly rate. However, an insured should not simply accept the insurer's say on this, as there are several ways to challenge an insurer's unilaterally imposed rates, says Susan White of Manatt Phelps & Phillips LLP.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Medicare Shared Savings Program May Get A Makeover

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently proposed a rule that would overhaul the Medicare Shared Savings Program for accountable care organizations. The most significant change is the revision of the program's participation tracks and mandatory advancement to greater levels of two-sided risk, say attorneys with Ropes & Gray LLP.

  • Payors Share Some Responsibility For The Opioid Epidemic

    Joy Stephenson-Laws

    Recently, well-known commercial insurance companies and government health insurance programs like Medicare and Medicaid have come under scrutiny for their role in allegedly getting and keeping patients addicted to opioid painkillers while not doing enough to help curb the epidemic, says Joy Stephenson-Laws of Stephenson Acquisto and Colman.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.