• April 25, 2018

    Horizon Can't Divvy Up Trial With Hospitals Over Tiered Plan

    A New Jersey state judge on Tuesday rejected Horizon Healthcare Services Inc.’s bid to hold two separate bench trials over three hospitals’ claims that the insurer’s tiered health coverage plan leaves them competitively disadvantaged.

  • April 25, 2018

    Starr Can't Pass Buck On $2.8M Barge Salvage, NY Court Says

    Starr Indemnity & Liability Co. can't put a pollution liability insurer on the hook for the $2.8 million it paid to cover shipper Genesis Marine LLC's costs to salvage two oil barges that ran aground in 2014, a New York federal judge ruled Wednesday, saying the pollution coverage doesn't apply because there was no "substantial threat" of an oil spill.

  • April 25, 2018

    Anthem Breach Attys' $38M Fee Ask Too High, Report Says

    A special master on Tuesday recommended knocking 25 percent off the $37.95 million in fees requested by 53 law firms in the Anthem Inc. data breach litigation, saying the contract attorney rates were too high and there was duplicated work between the firms.

  • April 25, 2018

    Johnson Controls' $68M Cleanup Coverage Win Is Erased

    A Wisconsin appeals court on Wednesday nixed an order putting two excess insurance companies on the hook for nearly $68 million in defense and remediation costs incurred by Johnson Controls Inc. in environmental contamination cleanup actions, finding that the insurers' policies did not impose a duty to defend.

  • April 25, 2018

    Chiropractor Sues Defense Counsel After $6M RICO Loss

    A chiropractor found liable for $6 million in a civil RICO suit brought by Allstate Insurance Co. has sued his former defense counsel at Sayles Werbner PC in Texas state court, alleging his lawyer “strong-armed” him into paying a $300,000 flat fee on the eve of trial.

  • April 25, 2018

    AXA Seeks 2nd Circ. Rehearing In Annuities Suit

    AXA Equitable Life Insurance Co. asked the Second Circuit on Tuesday for an en banc rehearing on its decision to revive a putative class action after finding the suit's claims of AXA’s alleged deception about variable annuities were not a federal matter, saying the ruling conflicts with U.S. Supreme Court precedent.

  • April 25, 2018

    Chiropractor Coverage Limits Not Biased, NJ Panel Says

    A New Jersey state appeals court on Wednesday upheld a state health plan board’s decision limiting out-of-network reimbursement rates for chiropractic and acupuncture services, rejecting a trade group’s claims that the measure discriminated against chiropractors in violation of state law and the Affordable Care Act.

  • April 24, 2018

    Patriot National's Plan Releases Too Broad, Ch. 11 Judge Says

    Insurance services firm Patriot National Inc. will have to trim releases included in its Chapter 11 plan of reorganization after a Delaware judge agreed Tuesday with the United States Trustee’s objection over the wide scope of the proposed releases.

  • April 24, 2018

    DOJ Asks Cigna, Express Scripts For More Info On $67B Deal

    Cigna Corp. and Express Scripts Inc. said Tuesday that they have received requests from the U.S. Department of Justice to provide more information about Cigna’s planned $67 billion purchase of the pharmacy benefits manager, a move the companies said was expected.

  • April 24, 2018

    W.Va. State Court Receiver Ducks Fraud, Assault Suit

    A West Virginia federal judge on Tuesday dismissed claims the state court-appointed receiver for a group of bankrupt coal producers had engaged in fraud and assault, saying only the court that appointed him can hear the claims.

  • April 24, 2018

    Fla. State Sen. Joins Morgan & Morgan In Fort Lauderdale

    A Florida state senator has joined plaintiffs' firm Morgan & Morgan PA in its Fort Lauderdale office, where he will focus his practice on consumer class actions, False Claims Act suits and first-party insurance coverage cases, the firm announced Tuesday.

  • April 24, 2018

    Blue Cross Must Face Suit Over $40M Hospital Deal At Trial

    A Rhode Island federal judge on Monday rejected Blue Cross & Blue Shield of Rhode Island’s motion for summary judgment in an antitrust suit brought by Steward Health Care System, saying a trial will be needed to determine if Blue Cross sank a $40 million hospital purchase to keep Steward out of the state.

  • April 24, 2018

    FisherBroyles Nabs Cyber Litigator From Insurance Boutique

    FisherBroyles LLP has landed the former cybersecurity practice co-chair from boutique insurance firm Traub Lieberman Straus & Shrewsberry LLP to expand its New Jersey presence.

  • April 24, 2018

    Cigna's Plan Reading Faulty In $8M ERISA Suit, Court Told

    Two Cigna units' bid to recoup money they shelled out for alleged overpayments to ambulatory surgical centers is based on a legally faulty interpretation of their plan, the centers told a Texas federal judge Monday, seeking a quick partial win in the insurer's $8 million lawsuit.

  • April 23, 2018

    US Fights Swiss Co.'s $38.2M Tax Appeal, Drops Its Own

    The U.S. government agreed not to pursue an appeal of issues it lost in a Swiss insurer’s lawsuit over tax treaty benefits, while telling the D.C. Circuit on Monday that the insurer’s arguments for a $38.2 million tax refund were unpersuasive.

  • April 23, 2018

    Bowles Rice, Title Insurer Spar Over $41M Settlement Payment

    Bowles Rice LLP told a federal court on Friday that First American Title Insurance Co. can't prove the timeline at the heart of its argument that the law firm, which helped it during underwriting, owes money for the $41 million settlement of a title policy claim linked to a coal plant project. 

  • April 23, 2018

    Borrowers Defend Claims In Wells Fargo Auto Insurance MDL

    Borrowers accusing Wells Fargo and National General Insurance of adding unneeded auto insurance to car loan bills have told a California federal court that dismissal bids from the pair in the multidistrict litigation “border on frivolous” in the wake of last week’s $1 billion fine for the bank.

  • April 23, 2018

    United Healthcare Fights Fees Over Coverage Row Venue

    United Healthcare Insurance Co. on Friday said it shouldn’t have to pay fees over confusion about the proper venue for a coverage dispute brought by a pair of California public school teachers, defending its initial belief that the teachers were suing under an employee benefit plan governed by ERISA.

  • April 23, 2018

    Trump Admin. Bombarded For Backing Skimpy Health Plans

    The Trump administration is getting blitzed with warnings that its proposal to allow lengthier sales of bare-bones health insurance policies could harm patients and drive up premiums in Affordable Care Act marketplaces, newly released letters show.

  • April 23, 2018

    Cushman Beats Insurers' Bid To Bar Appraisal Suit Coverage

    Cushman & Wakefield Inc.'s insurers cannot lean on a pair of policy exclusions to deny coverage for multiple lawsuits against the company over pre-2008 real estate appraisals, a New York federal judge held Friday, while also finding that all the underlying actions are related and fall under the same policy period.

Expert Analysis

  • Texas Contractors Can't Rely On Limited Power Of Attorney

    David Winter

    While obtaining an assignment of an insured’s claim, instead of a post-loss assignment of benefits, is certainly appealing for a contractor, the consequences of engaging in such conduct in Texas significantly outweigh any purported benefits, says David Winter of Zelle LLP.

  • Keys To Corporate Social Responsibility Compliance: Part 1

    Michael Littenberg

    2018 may be the year that corporate social responsibility compliance becomes a core duty of in-house legal departments. Not only have legal requirements proliferated in recent years, but new disclosure requirements and more regulation are on the horizon, say attorneys with Ropes & Gray LLP.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Warranty And Indemnity Insurance Can Help M&A Buyers

    William Charnley

    In recent years, warranty and indemnity insurance has become a prevalent method of helping mergers and acquisitions counterparties close transactions by transferring warranty and liability away from the buyer and seller and onto the insurance market, say William Charnley and Ilan Kotkis of King & Spalding LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • TCPA Insurance Claim Issues Continue To Evolve

    Cort Malone

    Because Telephone Consumer Protection Act claims inherently exist at the nexus between multiple lines of coverage, the landscape of TCPA insurance coverage law is complex. Recent questions include whether TCPA claims inherently arise from invasions of privacy and whether damages awarded are remedial or punitive, say Cort Malone and Nicholas Maxwell of Anderson Kill PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Limitations Of Exclusivity Defense In Workers’ Comp Cases

    Pierre Grosdidier

    The Corpus Christi Court of Appeals' recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Regulation Of Thrift-Holding Insurers May Shift To States

    Daniel Rabinowitz

    Insurers should watch the proposed State Insurance Regulation Preservation Act closely as they navigate shifting regulatory waters. This bill would essentially cede major aspects of group regulation to state regulators and the National Association of Insurance Commissioners, says Daniel Rabinowitz of Kramer Levin Naftalis & Frankel LLP.