• May 2, 2018

    Mylan Settles With Most Insurers In $67M Antitrust Appeal

    Mylan Pharmaceuticals Inc. and a pair of chemical companies accused of a price-fixing scheme with the generic-drug maker have come to an undisclosed settlement with most of the insurers fighting to hold on to a combined $67 million award contested at the D.C. Circuit.  

  • May 2, 2018

    BCBS Tells 6th Circ. To Keep Tribe's Reduced Attys' Fees Win

    Blue Cross Blue Shield of Michigan told the Sixth Circuit on Tuesday that there isn't any reason to disturb a Michigan tribe's reduced attorneys' fees award in a case where a lower court found that the insurer owed the tribe millions for charging hidden fees while managing its employee benefit plan.

  • May 2, 2018

    Insurers Off The Hook For Sapa Faulty Windows Settlement

    Nine insurers heaved a sigh of relief Tuesday after a Pennsylvania federal court found they’re not obligated to cover the costs incurred by aluminum products manufacturer Sapa Extrusions Inc. in an underlying lawsuit and subsequent settlement over its sale of tens of millions of faulty windows.

  • May 2, 2018

    Beazley, Lloyd's Coverholder To Launch Blockchain Register

    Global insurer Beazley PLC has teamed up with a Lloyd’s of London coverholder to create the first blockchain-based register to help pay claims following crisis situations and political violence, the firms have said.

  • May 2, 2018

    Opioid Cos. Sued Over Ballooning Health Insurance Costs

    Opioid makers and distributors, including Purdue Pharma and McKesson Corp., were slapped with first-of-their-kind proposed class actions in five federal courts Wednesday alleging that by fueling the nation’s opioid crisis, they have made health care costs go up and health insurance premiums skyrocket.

  • May 1, 2018

    Calif. Regulator OKs First Policy For Pot Biz Landlords

    California's insurance regulator said Tuesday he has approved a first-of-its-kind insurance policy tailored to the risks faced by landlords who rent properties to legal marijuana businesses.

  • May 1, 2018

    Hanover Says JV Owes It For Army Corps Project Losses

    A joint venture and its affiliates improperly failed to cover The Hanover Insurance Co. for more than $5 million in losses caused by claims, settlements and litigation stemming from an Illinois boiler plant project with the U.S. Army Corps of Engineers, the insurer alleged in Georgia federal court Monday.

  • May 1, 2018

    Travelers Says Hotel Claims Over Data Breach Are A Ruse

    A Travelers unit asked a Florida federal court Monday to find it does not have to pay a hotel company’s subsidiary for alleged data breach losses, saying it was attempting to trigger coverage with a false claim letter.

  • May 1, 2018

    NJ Panel Says Expert Not Required In Sandy Insurance Suit

    A New Jersey state appeals court on Tuesday revived a lawsuit against an insurance agency and its employee over claims they misrepresented the coverage available for a residence damaged in Superstorm Sandy, saying a trial court improperly tossed the action over the homeowners’ failure to submit an expert affidavit.

  • May 1, 2018

    Chubb Needn't Cover $8M Grubhub Text-Ad Deal, Court Says

    A New York federal court on Monday ruled that a Chubb Ltd. unit doesn't have to cover an $8 million settlement between Grubhub and a proposed class of consumers suing over mass texts, agreeing with the insurer that a pair of policy exclusions bar coverage.

  • May 1, 2018

    Sandy Insurance Ruling Must Be Explained, NJ Court Says

    The New Jersey Appellate Division on Tuesday upended an insurer’s win in a suit over Superstorm Sandy damage, issuing a published decision clarifying a court rule that requires judges to provide reasoning along with orders.

  • May 1, 2018

    IRS, Labor Dept. Keep Rules On Health Insurers' ACA Burden

    There will be no change to the rules by which health insurers cover medical costs associated with out-of-network emergency services for nongrandfathered Affordable Care Act plans, the Internal Revenue Service and other federal agencies said in guidance released Tuesday.

  • May 1, 2018

    Au Pair Co. Says Insurer Can't Duck Defense Of Class Suit

    Expert Group International Inc., a visa-sponsoring placement service for au pairs, told a Florida federal court Monday that its insurer, Berkley Assurance Co., should not be able to get out of indemnifying the company accused of conspiring with other sponsor agencies to set low pay rates.

  • May 1, 2018

    NJ Atty's Knowledge Of Potential Claim Sank Coverage Suit

    The New Jersey Appellate Division on Tuesday ruled that Ironhorse Indemnity Co. doesn't owe coverage to Pappas & Wolf LLC for a legal malpractice suit stemming from its representation of a defunct investment firm tied to a $40 million Ponzi scheme, because the law firm misled the insurer about its knowledge of potential claims.

  • April 30, 2018

    Entertainment Payroll Firm Is 'Employer,' Fla. Court Rules

    The show can go on for a company that provides temporary payroll and employment services for entertainment productions, as a Florida appeals court ruled Monday that, as an “employer of record,” it should be eligible for workers' compensation coverage through a state-created insurer.

  • April 30, 2018

    Insurers Seek To Nix Antitrust Suit Over Allergy Testing

    Humana Inc. and two other health insurers urged a Louisiana federal court on Friday to dismiss claims brought by a medical supply company that they plotted to crush allergy testing competition, arguing that the complaint fell short and made no economic sense.

  • April 30, 2018

    Insurer Off Hook For Injury Suits After Jury Calls Venue A Bar

    A Florida federal judge on Monday fleshed out a jury’s recent verdict in litigation over indemnity for two violent incidents outside of an Orlando venue, saying that since the jury found the venue was a bar or nightclub, coverage is excluded.

  • April 30, 2018

    Mass. Mental Health Facilities Must Face FCA Suit

    A federal judge told a Massachusetts mental health group in court on Monday that it will not escape an allegation that the company has for eight years been overbilling state and federal health insurance programs for treatments conducted at clinics allegedly run by unlicensed, untrained and unsupervised personnel.

  • April 30, 2018

    MF Global Ch. 11 Litigation Trust Seeks 3-Year Extension

    The litigation trust created in the wake of MF Global’s Chapter 11 bankruptcy to pursue leftover claims on behalf of creditors has asked for a three-year extension, saying the trust still stands to recover several million dollars against intransigent insurers.

  • April 30, 2018

    Pfizer, Insurer Duel Over Venue For $30M Coverage Fight

    Pfizer Inc. and North River Insurance Co. on Friday sparred over whether Delaware or New York is the proper venue for their dispute over coverage for a $400 million shareholder suit over off-label marketing.

Expert Analysis

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Should We Trust The Fiduciary Rule Is Gone?

    Robert Stone

    The U.S. Department of Labor's fiduciary rule has been challenged in court by various organizations on grounds that the agency exceeded its authority in promulgating it. Those challenges culminated in a recent decision by the Fifth Circuit to vacate the rule in U.S. Chamber of Commerce v. DOL, say Robert Stone and Shannon Smith of Katten Muchin Rosenman LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • How Policyholders Can Prepare For 2018's Hurricane Season


    While many policyholders are still fighting insurance carriers to recover on Hurricane Harvey claims, it is important for policyholders to prepare for the next season of storms by reviewing their coverage and understanding the difference between “dwelling,” “contents,” “other structures,” and alternative living expenses, says Angelina Wike of Merlin Law Group PA.

  • Another Dismissal Of TCPA Claims Involving Nonprofits

    Eric Berman

    In Reese v. Anthem, a Louisiana federal court recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act. The decision is worth noting because the court’s analysis provides some useful judicial gloss on the issues of TCPA consent and the distinction between commercial and informational communications, says Eric Berman of Venable LLP.

  • 4 Key Questions For Insurers Evaluating ERISA Revisions

    Caitlin Strauss

    The U.S. Department of Labor's revisions to its Employee Retirement Income Security Act raise questions about how courts will interpret them. Insurers looking for clues as to how the plaintiffs' bar will used the regulations moving forward should look to the comments submitted by the bar, say Caitlin Strauss and Albert Moran of Saul Ewing Arnstein & Lehr LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Credit Unions Face Website Accessibility Claims Under ADA

    Nancy Rigby

    Credit unions have seen a wave of litigation claiming their websites are inaccessible to blind or low-vision plaintiffs, allegedly in violation of the Americans with Disabilities Act. While two credit unions recently succeeded in defending against such claims, it does not appear they are going away anytime soon, says Nancy Rigby of Weinberg Wheeler Hudgins Gunn & Dial LLC.