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Insurance

  • November 29, 2018

    Carchex LLC Must Face Overtime Suit, Maryland Judge Says

    Auto warranty provider Carchex LLC can’t sidestep a class action by former call center employees who claim they weren’t compensated for working overtime, a Maryland federal judge ruled Wednesday, saying the company’s motion to dismiss was "without merit."

  • November 29, 2018

    Fla. Pharmacist Gets 6½ Years For Bogus Claims For Creams

    A Florida licensed pharmacist was sentenced Thursday to 6½ years in prison for participating in a $3.4 million scheme to submit fraudulent claims to Tricare, Medicare and private insurance programs for compounded creams that were not necessary.

  • November 29, 2018

    States Fire Back At Gov't In Association Health Plan Row

    A coalition of states has shot back at the U.S. Department of Labor's attempt to end a lawsuit challenging the agency's association health plan rule, urging the court to reject the federal government's argument that the states don't have standing to sue.

  • November 29, 2018

    Walmart Clothing Supplier Denied Coverage For TM Feud

    A California federal judge on Wednesday held that a Walmart clothing supplier isn’t entitled to coverage from a Chubb Ltd. insurer for the sums it spent defending and settling a lawsuit accusing the retail giant of infringing a mixed martial arts apparel company’s trademarks, on the grounds that the underlying action didn’t allege a covered advertising injury.

  • November 28, 2018

    Former NJ Estate Atty Cops To Money Laundering Scheme

    A former New Jersey attorney with a history of criminal and civil offenses copped to his role Wednesday in a money laundering scheme that also netted criminal charges against his father, federal prosecutors announced.

  • November 28, 2018

    Insurer Needn’t Defend Man Sued Over Fatal Shooting By Son

    An Indiana appeals court held Wednesday that an insurance company need not defend a policyholder in a wrongful death suit over a shooting committed by his adult son, after determining the son can be considered a household resident excluded under the policy.

  • November 28, 2018

    $38M Win For 'Madoff' Defamation Isn't Covered, 9th Circ. Told

    Berkley National Insurance Co. urged the Ninth Circuit on Tuesday to affirm a lower court’s holding that it is not obligated to cover a $38 million defamation award that a Los Angeles real estate investor won against Berkley’s policyholder, who created websites comparing the investor to jailed Ponzi schemer Bernie Madoff.

  • November 28, 2018

    2nd Circ. Says Arbitrators Can Revisit Unclear Decisions

    The Second Circuit said Wednesday that arbitrators can reopen decisions to clarify points of ambiguity or unaddressed contingencies, creating a limited exception to the usual norm of absolute finality for arbitration awards.

  • November 28, 2018

    Puerto Rico OKs New Policyholder Protections Post-Maria

    Citing problems with insurers’ handling of claims following the devastation of Hurricane Maria last year, the governor of Puerto Rico on Tuesday signed into law six bills designed to expand coverage options for the island’s policyholders and expedite payments following disasters.

  • November 28, 2018

    Dish Not Covered For $280M Robocall Verdict, Insurer Says

    National Union Fire Insurance Co. of Pittsburgh, Pa., fought back Tuesday in Colorado federal court against a bid by Dish Network to knock out part of its suit seeking to avoid coverage for a $280 million robocall verdict, saying its situation mirrors that of another Dish insurer recently let off the hook.

  • November 28, 2018

    Doctor Tells 1st Circ. ERISA Should Guarantee Disability Plan

    A New Hampshire doctor asked the First Circuit on Wednesday to revive her Employee Retirement Income Security Act benefits case, arguing that she entered a timely appeal when her insurance provider terminated what should have been a guaranteed long-term disability plan after a cognitive disorder left her unable to practice medicine.

  • November 27, 2018

    Arent Fox's Malpractice Defense Draws Judge's Ire

    Arent Fox LLP and an investment adviser that sued it for malpractice squared off in a lengthy hearing before a Manhattan federal judge Tuesday, with both sides taking tough questions and the judge suggesting that even a child could see problems with Arent Fox’s view of the evidence.

  • November 27, 2018

    Royal Caribbean Escapes Travel Insurance Class Action

    Royal Caribbean sailed away Tuesday from a Florida couple's proposed class action claiming the cruise line deceives passengers by not disclosing commissions it receives on travel insurance it offers, as a federal court found the suit is barred by provisions in its ticket contracts.

  • November 27, 2018

    Progressive Moves Toward Trial Over Driver's $23M Judgment

    Progressive American Insurance Co. must face the prospect of trial over claims it exposed a policyholder to a $22.6 million judgment by failing to coax him to complete paperwork he opposed for moral reasons, a Florida federal judge has ruled.

  • November 27, 2018

    3 Important Insurance Appeals To Watch In December

    Federal appeals courts are slated to hear arguments in several potentially precedent-setting cases in December, including a homeowner's first-of-its-kind action seeking coverage for clawbacks in Bernie Madoff's Ponzi scheme and Yahoo Inc.'s bid to put an AIG unit on the hook for its defense of multiple Telephone Consumer Protection Act suits.

  • November 27, 2018

    Ex-Venezuelan Treasurer Gets 10 Years For $1B In Bribes

    Former Venezuelan national treasurer Alejandro Andrade Cedeño was sentenced Tuesday in Florida federal court to 10 years in prison for accepting $1 billion in bribes from a Venezuelan billionaire television mogul and laundering the money through South Florida real estate.

  • November 27, 2018

    Pa. Rails Against Rules To Weaken ACA Birth Control Mandate

    Pennsylvania indicated Monday that it plans to continue challenging Trump administration rules that weaken the Affordable Care Act's birth control mandate, telling a district judge who blocked the rules last year that it will seek another injunction now that the federal government has published the regulations again.

  • November 27, 2018

    Texas Panel Orders Arbitration In Bid To Void Noncompetes

    A former insurance company employee can't keep out of arbitration her attempts to void noncompete agreements, after a Texas appellate court on Tuesday rejected her argument that the suit could proceed because it sought only an equitable remedy and not damages.

  • November 27, 2018

    Judge Says He's Immune To Misconduct Suit Over Rulings

    A lawsuit accusing a federal judge of violating a hodgepodge of laws over the dismissal of a suit against Liberty Mutual Group should be dismissed because the judge enjoys total judicial immunity, the judge told a Massachusetts federal court late Monday.

  • November 27, 2018

    Litigation Insurance Searches For Its Niche In The US

    Litigation finance has made remarkable inroads in the U.S., but proponents say litigation insurance offers even greater flexibility and lower costs to clients and firms seeking alternative models of limiting their exposure, even though it remains largely unfamiliar stateside.

Expert Analysis

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • Opinion

    Insurers Are Well-Positioned To Address Opioid Epidemic

    Matt Eyles

    By combining effective education, prevention, behavioral health care and evidence-based treatment, health insurance providers are making real progress in the fight against opioid addiction, says Matthew Eyles of America's Health Insurance Plans.

  • Regulators Focusing On Big Data In Life Insurance

    Ann Black

    The National Association of Insurance Commissioners' Big Data Working Group has turned its attention to the use of big data in life insurance underwriting. Carriers should prepare to respond and be able to accurately describe their new underwriting processes, tools and data points, say Ann Black and Jamie Bigayer of Carlton Fields Jorden Burt PA.

  • Florida Supreme Court Aims To Expand Bad Faith Standards

    Rory Eric Jurman

    The Florida Supreme Court's recent decision in Geico v. Harvey is part of an ever-expanding trend to create a negligence standard against insurers, seemingly turning a blind eye to the myriad of sophisticated bad faith setup schemes, say Rory Jurman and Vanessa Alvarez of Fowler White Burnett PA.

  • Beware Laws Intersecting Benefit Concierge Services

    Kendra Roberson

    Benefit concierge services can help employers realize a greater return on investment by increasing employees’ awareness of available benefits. However, they raise several legal issues, including considerations under the Health Insurance Portability and Accountability Act and the Employee Retirement Income Security Act, say Kendra Roberson and Chris Lowther of Covington & Burling LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Oklahoma's Insurance Business Transfer Act: Objections Overruled?

    Laura Foggan

    Oklahoma's Insurance Business Transfer Act — the latest state run-off law passed in response to increasing demand for such transfers — could prompt constitutional challenges because it allows the transfers to be theoretically approved over the objection of all policyholders, say attorneys at Crowell & Moring LLP.

  • Assignment Of Benefits Faces A New Hurdle In Florida

    Margo Meta

    A Florida state appeals court's decision last month in Restoration 1 v. Ark Royal weakens assignment-of-benefit claims, holding that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment-of-benefits agreement, says Margo Meta of Ball Janik LLP.