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  • June 7, 2018

    Ironshore, 23andMe Get ADR OK In DNA Case Coverage Row

    A California federal judge on Thursday encouraged Ironshore Specialty Insurance Co. and 23andMe Inc. to wrap up evidence gathering in their four-year-old coverage dispute and take it to mediation now that the underlying putative class claims against the genetic testing company have been settled.

  • June 7, 2018

    Wash. Justices Side With State Farm Insureds In Benefits Row

    The Washington Supreme Court on Thursday handed a key win to a class of State Farm policyholders who allege their claims for personal injury benefits were wrongfully denied, holding that a state regulation prohibits the insurer from rejecting a claim based on a physician’s finding that a policyholder has achieved “maximum medical improvement.”

  • June 7, 2018

    NJ Insurance Co. Worker Cops To Refund Check Scheme

    A former insurance company worker admitted Thursday to her role in a scheme to steal money from her unnamed employer’s customers and dodge taxes on the ill-gotten gains, New Jersey’s federal prosecutor said.

  • June 7, 2018

    Plan's Mental Health Coverage Lacks Parity, 9th Circ. Finds

    The Ninth Circuit on Wednesday revived a lawsuit challenging the denial of a claim for an inpatient stay at a residential mental health treatment facility by a benefit plan covering nonprofit health system Catholic Health Initiatives employees and their dependents, taking issue with disparity in the plan’s coverage of room and board.

  • June 7, 2018

    Trump Admin. Backs GOP's Latest Anti-ACA Suit

    The Trump administration on Thursday largely endorsed the GOP’s latest legal assault on the Affordable Care Act, telling a Texas federal court that it agrees that the landmark law's individual mandate is now unconstitutional and that key parts of the ACA must be invalidated as a result.

  • June 7, 2018

    1st Circ. Says AIG Must Pay For Cosby's Defamation Defense

    The First Circuit ruled Thursday that an AIG unit must cover the tab for comedian and convicted sexual assaulter Bill Cosby to fight accusers’ defamation lawsuits, but the company that’s been trying to distance itself from the former television star could be off the hook for any resulting damages.

  • June 7, 2018

    2nd Circ. Axes Arbitrator Bias Ruling In Reinsurance Row

    The Second Circuit ordered a New York federal court to take another look at whether an arbitrator’s failure to disclose ties to a Florida workers’ compensation insurance carrier tainted an award in favor of the insurer in its battle with British reinsurers, saying Thursday the lower court applied an improper standard.

  • June 7, 2018

    Two Christian Schools Escape ACA Contraception Mandate

    An Indiana federal judge has said the contraceptive mandate in the Affordable Care Act will no longer be enforced against two Christian institutions of higher education in the wake of the government agreeing that the rules violated the schools’ religious freedom.

  • June 7, 2018

    Hilton Owner Can't Revive Hail Coverage Row At 5th Circ.

    The Fifth Circuit on Thursday affirmed a lower court decision favoring Lloyd's of London in the underwriter’s dispute with a Hilton Garden Inn owner over coverage for hail damage, agreeing that the owner failed to present evidence that could determine what portion of the hotel’s losses were covered.

  • June 7, 2018

    AmTrust Take-Private Offer Sweetened To $2.95B

    AmTrust Financial Services on Thursday said founding family members and private equity funds managed by Stone Point Capital raised their cash offer to take the company private, now valuing the insurer at roughly $2.95 billion, a proposal met with approval by activist investor Carl Icahn, who had protested the earlier offer in Delaware Chancery Court.

  • June 7, 2018

    Mass. Justices Place Duty To Get Docs’ OK On Pharmacies

    Massachusetts' top appellate court said Thursday Walgreens had a duty to inform a patient's doctor of the need for an authorization form in order to obtain her potentially life-saving medicine, the first time an obligation of this sort has been placed on a pharmacy.

  • June 6, 2018

    W.Va. Justices Revive Insurer's Bid To Nix Doc's Policy

    The West Virginia Supreme Court has revived an insurance carrier’s suit seeking to rescind a medical malpractice liability policy issued to a doctor it claims wasn’t up front about his involvement in patient opioid deaths, saying a factual dispute exists regarding the alleged fraudulent misrepresentations.

  • June 6, 2018

    Insurers Tell Del. Justices To Reverse TIAA Claims Rulings

    In argument relays limited to as little as 90 seconds and dubbed a “minuet” by Delaware’s chief justice, attorneys for three insurers urged the state’s Supreme Court on Wednesday to reverse decisions they say improperly saddled them with TIAA's costs incurred in class settlements over allegedly improper fund transfer delays.

  • June 6, 2018

    Walgreen, Kroger Join J&J's Remicade Antitrust Brawl

    Pharmacy giants Walgreen Co. and The Kroger Co. on Wednesday sued Johnson & Johnson in Pennsylvania federal court, accusing it of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, adding to J&J’s headaches in a closely watched antitrust battle.

  • June 6, 2018

    Insurers Ask 5th Circ. To Definitively End Fiduciary Rule

    A collection of insurance industry groups asked the Fifth Circuit on Wednesday to issue a mandate ordering the U.S. Department of Labor to strike down its fiduciary rule, which requires retirement advisers to act in clients' best interest, in the wake of the court's March decision to invalidate the rule.

  • June 6, 2018

    State Farm Hit With $34.3M Jury Verdict Over Policy Fees

    A Missouri federal jury Wednesday awarded $34.3 million in compensatory damages to a class of over 43,000 State Farm Life Insurance Co. policyholders in the state alleging the insurer deducted more from their accounts than their universal life insurance policies allowed.

  • June 6, 2018

    Breitling Execs Can Tap Insurance To Fight $80M SEC Suit

    A Texas federal judge ruled on Wednesday that three executives of Breitling Energy Corp. are entitled to use the company’s insurance policy proceeds to pay for defense costs in fighting the U.S. Securities and Exchange Commission’s $80 million fraud claims against them, despite protests from the company’s court-appointed receiver.

  • June 6, 2018

    Ford Tells 8th Circ. Delay Wasn't 'Bad Faith' In ERISA Row

    Ford Motor Co. has urged the Eighth Circuit to vacate a lower court’s ruling that the car company violated the Employee Retirement Income Security Act in a widow’s suit over optional life insurance benefits for her late husband, arguing that it hadn’t acted in bad faith or flouted its duties.

  • June 6, 2018

    $2.7M Irma Coverage Row Must Be Arbitrated, Court Hears

    A dispute over an insurance claim for more than $2.7 million worth of damage sustained by a Hollywood Beach hotel after Hurricane Irma battered southern Florida last September belongs in arbitration, underwriters at Lloyd's of London told a Florida federal court on Tuesday.

  • June 6, 2018

    3rd Circ. Rules Construction Co.'s Coverage Case Falls Short

    The Third Circuit has upheld a lower court ruling that an insurer does not have to cover a carpentry subcontractor for faulty workmanship claims, saying the claims in question arise from the subcontractor’s own work and not the other subcontractors on the project.

Expert Analysis

  • HUD Stance On Insurers’ Disparate Impact Liability May Shift

    Robert Helfand

    On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • Opinion

    ALI Restatement Should Not Reflect Aspirational Proposals

    Laura Foggan

    When the American Law Institute meets next week to consider whether to approve its Restatement of the Law on Liability Insurance, it should take note of provisions such as Section 12(1), which would embroil the ALI in policy questions that are far afield from its mission in publishing restatements of the law, says Laura Foggan of Crowell & Moring LLP.

  • Back To The Future: The Insurance Industry And Tax Reform

    Kristan Rizzolo

    During the past century, Congress has overhauled insurance-specific provisions of the Internal Revenue Code, flipping the tax treatment of key provisions several times. By passing the TCJA, Congress has made significant changes once again, say Kristan Rizzolo and Susan Seabrook of Eversheds Sutherland LLP.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

    Jonathan Viner

    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How To Deal With Insurers’ Litigation Management Guidelines

    Daniel Wolf

    Courts around the country have found insurers' litigation management guidelines to be improper and unenforceable when they impair defense counsel's ability to defend a claim. Policyholders receiving such guidelines should respond promptly to their insurers and proceed to litigation if necessary, says Daniel Wolf of Gilbert LLP.