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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A Washington federal judge found Tuesday that an exclusion for “wilderness programs” in a Microsoft Corp. health plan didn’t doom a 16-year-old’s proposed class action alleging the company wrongly denied coverage for mental health and substance abuse treatment, though he tossed the youth’s breach of fiduciary duty claims.
California’s highest court has given the state's employers peace of mind with its Monday ruling that an insurance carrier’s defense obligation can be triggered by claims that a company failed to properly vet or supervise a worker who then intentionally hurts someone, attorneys say.
Allstate urged the Ninth Circuit on Tuesday to toss a magistrate judge’s imposition of nearly $14,000 in sanctions against it and its Sheppard Mullin Richter & Hampton LLP attorney in a medical billing case, arguing the magistrate wanted to sanction Allstate for its settlement position and searched out minor violations to justify doing so.
United States Fire Insurance Co. sued policyholders including the Hawaiian Canoe Racing Association and others Monday in Hawaii federal court, saying it doesn't have to cover underlying personal injury claims they face after a racer was severely and life-alteringly hurt by an escort boat's propeller just before an annual canoe race.
Grant & Eisenhofer PA and Kessler Topaz Meltzer & Check LLP won a closely matched lead counsel contest Tuesday for a Delaware Chancery Court suit alleging fiduciary duty breaches in Towers Watson & Co.’s $18 billion merger with insurance brokerage Willis Group Holdings PLC.
An Illinois federal judge declined to hand a quick win to an insurer accused of bad faith after it declined to settle a medical malpractice case for $1 million and wound up with a jury verdict of $5.2 million, saying Tuesday that material issues of fact remain over how the insurance company assessed the case and the damage it caused the surgery center it had insured.
The class counsel for nearly 200 children diagnosed with autism asked an Indiana federal judge Monday for more than $500,000 in attorneys’ fees after securing a $1.6 million settlement with Anthem over claims that the insurer’s coverage policy flouted federal benefits law.
The White House picked at the edges of Congress' proposed spending cuts Tuesday, making some changes to, but mostly standing by, a plan to pull back $15 billion in already authorized spending for health care, car technology research and other areas.
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.
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.
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.
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.
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.
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.
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.
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.
Depending on the facts, the Tax Jobs And Cuts Act's new rule requiring a three-year holding period for long-term capital gain taxation of a carried profits interest might not apply to an investment manager's carried interest in a life settlements investment fund, say attorneys with Locke Lord LLP.
In Aqua Star v. Travelers, the Ninth Circuit affirmed last month that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, reminding insureds to obtain more specialized insurance for the increasingly common threat of social engineering crimes, say Jennifer Senior and Edward Vrtis of Jenner & Block LLP.