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Insurance

  • August 7, 2018

    Reinsurers Freed From Battle Over Finance Co.'s $26M Award

    A District of Columbia federal judge on Monday dismissed Vantage Commodities Financial Services LLC’s claims that seven reinsurers must help cover a $26 million arbitration award that the finance company won against its insurer, but he allowed Vantage to proceed with negligence claims against the broker that lined up the reinsurance coverage.

  • August 7, 2018

    Former Aegerion Sales Rep Indicted In Juxtapid Push

    A former drug salesman for Aegerion Pharmaceuticals Inc. was indicted Tuesday on fraud charges for allegedly falsifying health records to prompt health insurance providers to contribute to the steep cost of the company's specialized cholesterol treatment, Juxtapid.

  • August 7, 2018

    Axed Marriott Workers Get Cert. Over COBRA Notification

    A Florida federal judge on Tuesday certified a class of former Marriott International Inc. workers suing over allegedly deficient notices about their rights to continued health care coverage under the COBRA act, ruling that they all suffered the same potential injury.

  • August 7, 2018

    FMLA Suit Against TIAA Alleged No Harm, Judge Says

    The Teachers Insurance and Annuity Association of America on Monday beat a Family and Medical Leave Act suit brought by a former manager that alleged his supervisor disregarded his serious health problems and overworked him, finding that TIAA continuously accommodated the employee’s frequent health-related leaves.

  • August 7, 2018

    Insurer Can’t Pause TCPA Case For FCC Rulemaking

    Farmers Insurance can't pause a proposed Telephone Consumer Protection Act class action, a Missouri federal judge ruled, saying that planned rulemaking by the Federal Communications Commission redefining automatic telephone dialing systems could take years.

  • August 7, 2018

    5th Circ. Told Bankruptcy Can't Touch $5M Crash Settlement

    An attorney who reached a $5 million settlement for his clients who were injured in a bus crash told a panel of Fifth Circuit judges during oral arguments in Houston Tuesday that the law doesn't support a bankruptcy judge's decision to pull those insurance policy proceeds into the bankruptcy estate of the now-defunct bus company.

  • August 6, 2018

    NY Law Firm Settles Former ALJ's Due-Process Claims

    The New York law firm Raff & Becker received court approval Monday to settle a former high-ranking administrative judge's claims that it conspired to retaliate against him after he reported the alleged diversion of funds meant for unemployment claims hearings.

  • August 6, 2018

    Vegas Strip Club Not Covered For Credit Card Fraud Payments

    A Nevada federal judge ruled Monday that U.S. Fire Insurance Co. doesn’t have to cover a Las Vegas strip club’s costs to reimburse funds that its employees stole from customers by overcharging their credit cards, holding that the insurer’s crime policy doesn’t apply because the club didn’t suffer a direct loss of its own money.

  • August 6, 2018

    Insurers Look To End Power Plant Defect Coverage Battle

    Two insurers for Black & Veatch Corp. on Friday urged a Kansas federal judge to rule they don't have to cover any costs the engineering company has incurred as a result of construction defects at four power plants, while Black & Veatch countered that the Tenth Circuit's recent ruling in the case established that the carriers must shell out. 

  • August 6, 2018

    Ace Fights Claims It Underpaid Hotel For Renovation Damages

    Ace American Insurance Co. hit back on Monday against the Statler Hotel in a Texas suit alleging Ace underpaid insurance claims during the hotel’s $250 million renovation, arguing that several of the hotel’s insurance claims fell under exemptions and that Ace had overpaid the hotel nearly $1 million in advance payments.

  • August 6, 2018

    Humana Hits Generic-Drug Makers With Price-Fixing Claims

    Insurance giant Humana has slapped a host of generic-drug makers with a sprawling racketeering suit in Pennsylvania federal court alleging they conspired to hike prices on a range of everyday medications from muscle relaxers to antidepressants, resulting in "extraordinary" prices over a four-year period.

  • August 6, 2018

    Insurer Says It Has No Duty To Cover Go-Kart Accident

    Cincinnati Insurance Co. says it has no duty to defend a go-kart center from a lawsuit by the parents of a child who was thrown from one of its carts, arguing that exclusions in the policy for amusement rides bar coverage, according to a lawsuit filed in an Iowa federal court on Friday.

  • August 6, 2018

    Actavis At 5: Where Pay-For-Delay Litigation Stands

    It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.

  • August 6, 2018

    Travelers Sues Hospital's Insurer Over Sex Abuse Coverage

    An insurance company providing underlying excess liability coverage to a hospital where a staff doctor allegedly sexually abused more than 100 children is dodging its share of costs to resolve resulting lawsuits, Travelers Casualty and Surety Co. said in a suit filed in Connecticut federal court.

  • August 6, 2018

    New York Life Lends $131M For NJ Luxury Apartment Tower

    New York Life Real Estate Investors has lent $131 million to Roseland Residential Trust for a luxury apartment tower in New Jersey, according to an announcement on Monday from New York Life.

  • August 3, 2018

    Madoff Investor's $3.4M Deal Not Covered, 2nd Circ. Told

    Two Chubb Ltd. insurers on Thursday urged the Second Circuit to affirm that they don’t have to cover a nearly $3.4 million settlement that a victim of Bernard L. Madoff’s Ponzi scheme paid to resolve a clawback action brought by the Madoff bankruptcy trustee, saying a lower court properly held that the action didn’t trigger their policies’ personal injury coverage.

  • August 3, 2018

    Allstate’s Electrolux Dryer-Fire Claims Spread Over States

    A Pennsylvania federal court on Friday dropped most of the claims Allstate Insurance brought against Electrolux Home Products Inc. over fires sparked by allegedly defective clothes dryers, and dispersed the remaining cases to courts closer to where the fires occurred.

  • August 3, 2018

    Insurer Needn't Cover $8M Courthouse Defect Award: 5th Circ.

    The Fifth Circuit on Thursday affirmed that excess insurer U.S. Fire Insurance Co. doesn’t have to have to cover any of an $8 million award against Satterfield & Pontikes Construction Co. over faulty work at a courthouse, finding that S&P’s claim fails because subcontractors appear to have already paid all the portions of the award covered by U.S. Fire's policy. 

  • August 3, 2018

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

    The last week has seen a Russian businessman's telecom company forge ahead with a commercial fraud claim against Russia's VTB bank, ED&F Man Capital Markets sue a rival brokerage and U.K. insurer RSA initiate the court process to transfer policies to its new Luxembourg unit. Here, Law360 looks at those and other new claims in the U.K.

  • August 3, 2018

    NJ Hospital Wins Another Bid At $26M Insurance Repayment

    A New Jersey state appeals court on Friday reinstated Meadowlands Hospital Medical Center’s $26.3 million lawsuit to recoup unpaid or underpaid Medicaid and Medicare service payouts from insurance companies, ruling that more findings were needed to determine whether or not a lawsuit is the hospital’s last resort for relief.

Expert Analysis

  • Will Congress Actually Address Health Care?

    Radha Mohan

    Since the GOP’s failed attempt to repeal the Affordable Care Act last year and the elimination of the individual mandate in the Tax Cuts and Jobs Act, Republicans and Democrats have struggled to address problems in the health care system. Although bills recently passed by the House contain a few provisions with bipartisan support, they face an uphill battle for passage in the Senate, says Radha Mohan at Brownstein Hyatt Farber Schreck LLP.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • Calif. Life Insurers Get Relief From Unclaimed Property Law

    Andrew Kay

    A California trial court's decision in Thrivent v. Yee invalidated two regulations under California's Unclaimed Property Law. As a result, the state controller will no longer be able to impose them on life insurers or threaten financial penalties pursuant to the invalid regulations in order to secure settlements, say Andrew Kay and Randy Seybold of Cozen O'Connor.

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • The State Of Medicare Secondary Payer Act Litigation

    Laura Besvinick

    The certainty that tort liability settlements generally brought liability insurers in decades past has waned because of the Medicare Secondary Payer Act. And as MSP Act reimbursement actions wind through courts nationwide, plaintiffs’ recovery theories continue to morph, say Laura Besvinick and Julie Nevins of Stroock & Stroock & Lavan LLP.

  • Fortis Case Confirms Viability Of Dutch Settlement Law

    Jonathan Richman

    A Dutch court's approval this month of a €1.3 billion ($1.5 billion) collective settlement of claims brought by shareholders of the former Fortis shows that the Dutch Act on Collective Settlement of Mass Claims can be used to resolve transnational disputes on a classwide, opt-out basis, say Jonathan Richman of Proskauer Rose LLP and Ianika Tzankova of Tilburg University.

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.