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Insurance

  • June 14, 2018

    Anthem Breach Attys' $38M Fee Ask ‘Overreach,’ Judge Says

    U.S. District Judge Lucy Koh on Thursday put the screws to attorneys requesting $37.9 million in fees for work done on the Anthem Inc. data breach litigation, saying they “overreached” and asking why 26 law firms representing the named plaintiffs needed to subcontract work to another 27 firms.

  • June 14, 2018

    NRA Asks To Depose NY Regulator In Discrimination Suit

    The National Rifle Association said Thursday that it wants to depose New York’s top financial services regulator to help it prepare its bid for a preliminary injunction in its suit accusing her of working with Gov. Andrew Cuomo to squash the gun rights advocacy organization by cutting it off from financial services.

  • June 14, 2018

    Insurers, Doctors, Hospitals Assail GOP's New ACA Challenge

    More than two dozen trade groups representing insurers, medical providers, hospitals and consumers on Thursday told a Texas federal judge the country’s entire health care sector would be thrown into chaos if the court strikes down the Affordable Care Act’s pre-existing condition protections.

  • June 14, 2018

    GEICO Customers Get Quick Win In Car Tax Payment Suit

    A Florida federal judge on Thursday granted a quick win to a class of GEICO customers alleging the insurance company failed to pay for sales tax and transfer fees on leased vehicles when they were totaled, saying contracts did not make a distinction between owned or leased vehicles.

  • June 14, 2018

    Insurers To Pay Minn. Diocese $15M For Sexual Abuse Claims

    The Diocese of Duluth on Wednesday asked a Minnesota bankruptcy court to approve settlements totaling more than $15 million with a pair of insurers to end their disputes over coverage for sexual abuse claims against local clergy.

  • June 14, 2018

    Katten Guides AIG Unit's $80M Hudson Yards Loan To Moinian

    Katten Muchin Rosenman LLP represented AIG subsidiary American General Life Insurance Co. in connection with its $80 million loan to Moinian Group for an office and retail tower project on 11th Avenue in Manhattan, according to records made public in New York on Thursday.

  • June 14, 2018

    5th Circ. Reverses Life Insurance Benefits Denial

    A Fifth Circuit panel has determined that Life Insurance Co. of North America must pay life insurance benefits to a widow whose husband died in a car crash, holding there wasn't enough evidence to support the insurer's argument it could deny them because the accident was caused in part by intoxication or drug abuse.

  • June 14, 2018

    Fla. Justices Urged To Stay Out Of Public Records Dispute

    Florida urged the state’s Supreme Court on Wednesday not to take up an appeal by two law firms that say an appellate court erred in upholding a public records exemption protecting certain personal information held by the state’s financial services agency for participants in two real estate insurance programs.

  • June 14, 2018

    5th Circ. Urged To Revive Wrongful Death Insurance Row

    Indian Harbor Insurance Co. on Wednesday asked the Fifth Circuit to overturn a lower court’s ruling releasing Gray Insurance Co. from its duty to defend in a wrongful death suit after it reached an agreement with the survivors, saying the agreement didn’t end the suit.

  • June 14, 2018

    US Doesn't Owe ACA Money To Insurers, Fed. Circ. Rules

    Health insurance companies are not entitled to billions of dollars in Affordable Care Act funding that Congress has withheld, the Federal Circuit ruled Thursday.

  • June 13, 2018

    Insurer Off Hook For Builder's $5M Retaining Wall Damage

    National Union Fire Insurance Co. doesn’t have to pay for a subcontractor’s $5 million settlement tied to damage resulting from the installation of a retaining wall, a Maryland federal court ruled Tuesday, finding a “damage to impaired property” exclusion applies.

  • June 13, 2018

    Insurers Nab Fees In Suit Over Phyllis Schlafly's Benefits

    A New Jersey federal judge has signed off on bids from two insurance companies for a total of about $150,000 in attorneys’ fees and costs in a lawsuit brought by a son of the late conservative leader Phyllis Schlafly over more than $3 million in proceeds under policies on his mother's life.

  • June 13, 2018

    Travelers Can't Force Arbitration In Construction Row

    A Connecticut federal judge ruled Wednesday that Travelers Casualty & Surety Co. of America can't force an Israeli construction company and the prime contractor on a U.S. Army Corps of Engineers project to arbitrate a dispute over $1 million in alleged underpayments.

  • June 13, 2018

    Renter Slams 'Absurd' Dismissal Bid In Avis Insurance Row

    A consumer suing Avis Budget Car Rental LLC in a long-running class action over alleged insurance coverage fraud told a Florida federal court on Tuesday that the car rental company’s recent bid to toss the case relied on the “absurd” and contradictory position that she did not have standing to state a claim.

  • June 13, 2018

    Seafood Co.’s Faulty Ship Endangered Alaska Bay, Feds Say

    The owner of a damaged ship full of fuel, oily wastewater and 130,000 pounds of contaminated fish got slapped with an environmental lawsuit Wednesday in Alaska federal court, with the U.S. government claiming the fish processor illegally risked discharging pollutants in Captain’s Bay in the Aleutian Islands.

  • June 13, 2018

    Travelers, Becton Strike Settlement In $167M Coverage Row

    Travelers Casualty and Surety Co. and Becton Dickinson and Co. told a New Jersey federal court on Wednesday that they have reached a settlement in a dispute over defense costs and $167 million in settlement payments in antitrust class actions.

  • June 13, 2018

    UnitedHealthcare Beats FCA Suit Over In-Home Exams

    An Illinois federal judge on Tuesday threw out a False Claims Act lawsuit against UnitedHealthcare Insurance Co. over in-home physical exams it offers to beneficiaries who have their insurance covered by Medicare, saying the suit doesn’t describe a fraud.

  • June 13, 2018

    Unlicensed Insurer Can't Be Paid $1.6M For Oil Co. Work

    An Arkansas federal judge on Tuesday gave a quick win to MidCon Gathering LLC in its defense against a suit brought by a man who alleged he developed a credit facility for the company but wasn’t paid $1.6 million he was owed, ruling he didn’t have the necessary insurance license to carry out the deal.

  • June 13, 2018

    BCBS Can Appeal Ruling That Limits Antitrust MDL Defense

    An Alabama federal judge Tuesday gave his blessing to a bid by Blue Cross Blue Shield plans facing a multidistrict antitrust suit for an immediate appeal of a ruling that bars the health insurer from arguing there were pro-competitive benefits from alleged collaboration between the plans.

  • June 13, 2018

    5th Circ. Revives Texas Hospital's $58M Underpayment Suit

    In a published opinion, the Fifth Circuit has revived a hospital's $58 million suit against several insurance companies over alleged underpayments, saying that the Texas hospital did not need to provide details from specific insurance plans to pursue claims because the companies refused to hand over the plan documents.

Expert Analysis

  • E-Signature Laws Provide Legal Framework For Blockchain

    Brian Casey

    The drafters of the Uniform Electronic Transactions Act had the foresight to create a model electronic signatures and records law that, 19 years later, readily accommodates blockchain-based transactions. Businesses should consider utilizing UETA compliance checklists before proceeding with blockchain transactions or smart contracts, says Brian Casey of Locke Lord LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Opinion

    Claimants Shouldn't Be Forced To Disclose Litigation Funding

    Matthew Harrison

    Many have compared the Litigation Funding Transparency Act — recently introduced in the Senate — to the established requirement that defendants disclose insurance coverage information. But the bill would result in costly discovery sideshows that unnecessarily burden claimants and courts, say Matthew Harrison and John Harabedian of Bentham IMF.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Negligent Hiring And Supervision Can Be An 'Accident'

    Tyler Gerking

    The California Supreme Court's decision in Liberty v. Ledesma strengthens insureds' rights to coverage under general liability policies and establishes that they are entitled to a defense where the injury alleged was unintended and unforeseen from the insured's perspective, say Tyler Gerking and David Hofmayer of Farella Braun & Martel LLP.

  • A Breath Of Life For Calif. FCA Insurance Coverage

    Jan Larson

    The Ninth Circuit recently revived an insurance coverage dispute between Office Depot and AIG, holding that coverage for alleged violations of the California False Claims Act is not categorically precluded by California law. Similarities between the CFCA and the federal False Claims Act raise potential for broad application of this decision, say Jan Larson and Sebastian Brady of Jenner & Block LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • NY Reg 187 Amendment May Not Be In Anyone’s Best Interest

    Patrick Gennardo

    The New York State Department of Financial Services has proposed an updated first amendment to its Regulation 187, imposing a "best interest" rule on life insurers and producers licensed in New York. However, the updated amendment may be difficult to enforce and could subject Regulation 187 to certain legal challenges, say attorneys at Alston & Bird LLP.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.