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Insurance

  • June 14, 2018

    Fla. Justices Urged To Stay Out Of Public Records Dispute

    Florida urged the state’s Supreme Court on Wednesday not to take up an appeal by two law firms that say an appellate court erred in upholding a public records exemption protecting certain personal information held by the state’s financial services agency for participants in two real estate insurance programs.

  • June 14, 2018

    5th Circ. Urged To Revive Wrongful Death Insurance Row

    Indian Harbor Insurance Co. on Wednesday asked the Fifth Circuit to overturn a lower court’s ruling releasing Gray Insurance Co. from its duty to defend in a wrongful death suit after it reached an agreement with the survivors, saying the agreement didn’t end the suit.

  • June 14, 2018

    US Doesn't Owe ACA Money To Insurers, Fed. Circ. Rules

    Health insurance companies are not entitled to billions of dollars in Affordable Care Act funding that Congress has withheld, the Federal Circuit ruled Thursday.

  • June 13, 2018

    Insurer Off Hook For Builder's $5M Retaining Wall Damage

    National Union Fire Insurance Co. doesn’t have to pay for a subcontractor’s $5 million settlement tied to damage resulting from the installation of a retaining wall, a Maryland federal court ruled Tuesday, finding a “damage to impaired property” exclusion applies.

  • June 13, 2018

    Insurers Nab Fees In Suit Over Phyllis Schlafly's Benefits

    A New Jersey federal judge has signed off on bids from two insurance companies for a total of about $150,000 in attorneys’ fees and costs in a lawsuit brought by a son of the late conservative leader Phyllis Schlafly over more than $3 million in proceeds under policies on his mother's life.

  • June 13, 2018

    Travelers Can't Force Arbitration In Construction Row

    A Connecticut federal judge ruled Wednesday that Travelers Casualty & Surety Co. of America can't force an Israeli construction company and the prime contractor on a U.S. Army Corps of Engineers project to arbitrate a dispute over $1 million in alleged underpayments.

  • June 13, 2018

    Renter Slams 'Absurd' Dismissal Bid In Avis Insurance Row

    A consumer suing Avis Budget Car Rental LLC in a long-running class action over alleged insurance coverage fraud told a Florida federal court on Tuesday that the car rental company’s recent bid to toss the case relied on the “absurd” and contradictory position that she did not have standing to state a claim.

  • June 13, 2018

    Seafood Co.’s Faulty Ship Endangered Alaska Bay, Feds Say

    The owner of a damaged ship full of fuel, oily wastewater and 130,000 pounds of contaminated fish got slapped with an environmental lawsuit Wednesday in Alaska federal court, with the U.S. government claiming the fish processor illegally risked discharging pollutants in Captain’s Bay in the Aleutian Islands.

  • June 13, 2018

    Travelers, Becton Strike Settlement In $167M Coverage Row

    Travelers Casualty and Surety Co. and Becton Dickinson and Co. told a New Jersey federal court on Wednesday that they have reached a settlement in a dispute over defense costs and $167 million in settlement payments in antitrust class actions.

  • June 13, 2018

    UnitedHealthcare Beats FCA Suit Over In-Home Exams

    An Illinois federal judge on Tuesday threw out a False Claims Act lawsuit against UnitedHealthcare Insurance Co. over in-home physical exams it offers to beneficiaries who have their insurance covered by Medicare, saying the suit doesn’t describe a fraud.

  • June 13, 2018

    Unlicensed Insurer Can't Be Paid $1.6M For Oil Co. Work

    An Arkansas federal judge on Tuesday gave a quick win to MidCon Gathering LLC in its defense against a suit brought by a man who alleged he developed a credit facility for the company but wasn’t paid $1.6 million he was owed, ruling he didn’t have the necessary insurance license to carry out the deal.

  • June 13, 2018

    BCBS Can Appeal Ruling That Limits Antitrust MDL Defense

    An Alabama federal judge Tuesday gave his blessing to a bid by Blue Cross Blue Shield plans facing a multidistrict antitrust suit for an immediate appeal of a ruling that bars the health insurer from arguing there were pro-competitive benefits from alleged collaboration between the plans.

  • June 13, 2018

    5th Circ. Revives Texas Hospital's $58M Underpayment Suit

    In a published opinion, the Fifth Circuit has revived a hospital's $58 million suit against several insurance companies over alleged underpayments, saying that the Texas hospital did not need to provide details from specific insurance plans to pursue claims because the companies refused to hand over the plan documents.

  • June 12, 2018

    Zurich Wants Insurance Co. To Pay Up In $1.5M Settlement

    Zurich American Insurance Co. has asked a Missouri federal court to force Insurance Co. of North America to pony up half of a $1.5 million mesothelioma settlement involving Anheuser-Busch, after the court revived the case last month.

  • June 12, 2018

    Communications Cos. Lose Shareholder Suit Coverage Bid

    An Ohio federal judge ruled Tuesday that Scottsdale Insurance Co. doesn’t have to defend emergency communications specialist ShipCom LLC or several related entities in a lawsuit brought by ShipCom minority shareholders who allege the majority owners have damaged the company, saying the coverage claims are variously untimely and subject to a policy exclusion.

  • June 12, 2018

    Advocates Back Woman's Harvard Pilgrim ERISA Appeal

    Harvard Pilgrim Health Care had a duty under the Employee Retirement Income Security Act to seek readily available medical evidence from a young woman before denying her bid for mental health coverage, a pair of health advocates told the First Circuit in an amicus brief filed Tuesday.

  • June 12, 2018

    Steel Co. Sued For $1.4M After Partial Warehouse Collapse

    A contractor is seeking $1.4 million from a subcontractor that did steel work on a warehouse that partially collapsed during construction, and argues in a suit filed by its insurer Monday in Texas federal court that the subcontractor's slapdash work is to blame.

  • June 12, 2018

    Shell Oil, MetLife Can't Dodge Veteran's Benefits Suit

    Shell Oil Co. and Metropolitan Life Insurance Co. must face a veteran's allegations that they violated the Uniformed Services Employment and Re-employment Rights Act by denying the man's claims for long-term disability benefits, a Louisiana federal judge ruled in an issue of first impression on Monday, rejecting arguments that the veteran was barred from bringing the suit.

  • June 12, 2018

    FDA Unveils Guidance On Sharing Info On Unapproved Uses

    The U.S. Food and Drug Administration on Tuesday unveiled final guidance outlining its recommendations on how companies can share information with insurers about drugs and medical devices that’s not included in the labels, as well as information for uses that haven't yet been approved.

  • June 11, 2018

    Insurer Says US Bank Struck Lowball Settlement As CYA Move

    RMBS trust insurer Ambac sued trustee US Bank in New York federal court on Friday, saying US Bank wrongly settled $374 million worth of claims over bad Countrywide loans for just $94 million, partly to head off a finding that US Bank was a fiduciary, which could "ripple" through to other RMBS litigation against the bank.

Expert Analysis

  • NY Reg 187 Amendment May Not Be In Anyone’s Best Interest

    Patrick Gennardo

    The New York State Department of Financial Services has proposed an updated first amendment to its Regulation 187, imposing a "best interest" rule on life insurers and producers licensed in New York. However, the updated amendment may be difficult to enforce and could subject Regulation 187 to certain legal challenges, say attorneys at Alston & Bird LLP.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Companies Will Feel The Weight Of Team Telecom Oversight

    Megan Brown

    For years, a little-known group of federal agencies collectively known as "Team Telecom" has gone quietly about its oversight functions of risk assessment, mitigation and oversight. But as multiple parts of the government grapple with supply chain security, including concerns about Chinese-made communications equipment, companies should anticipate enhanced scrutiny and greater compliance obligations, say attorneys with Wiley Rein LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Protecting Your Construction Site During Hurricane Season

    Gina Lozier

    Builders risk insurance is critically important to building owners and contractors with ongoing construction projects, particularly during hurricane season. While expenses such as the cost to repair or replace loss or damage to physical property, materials and labor are more apparent, soft costs and time element coverage should also be considered, say Gina Lozier and Jeffrey Wertman of Berger Singerman LLP.

  • 3 Risk Management Tips To Protect Your Tribe’s Resources

    Venus Prince

    While tribes might have sovereign immunity against many third-party claims, that immunity has been eroded in recent years. Purchasing insurance can help mitigate losses, but tribes need to develop a holistic approach to truly manage all the different types of risk, say Venus Prince and Krystalyn Kinsel of Kilpatrick Townsend & Stockton LLP.