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Insurance

  • August 8, 2018

    Bowles Rice, Title Insurer Set For Trial In $41M Contract Row

    Bowles Rice LLP is headed to trial against a longtime partner, title insurer First American, after a federal court ruled Wednesday enough facts remain disputed about the law firm's share of blame around a $41 million settlement following the rocky construction of a coal power plant, whose title First American insured.

  • August 8, 2018

    4th Circ. Says Hartford Off Hook For Ambulance-Chasing Suits

    The Fourth Circuit affirmed Tuesday that a unit of The Hartford Financial Services Group Inc. doesn’t have to defend a law firm facing two proposed class actions claiming it unlawfully used state crash records to solicit clients, agreeing with a lower court that a pair of policy exclusions apply to bar coverage.

  • August 8, 2018

    Lift Block On Trump Birth Control Rules, Gov't Tells 9th Circ.

    The U.S. government has urged the Ninth Circuit to scrap a nationwide block on Trump administration rules that exempt employers with moral or religious objections from providing birth control coverage under the Affordable Care Act, pointing to the court's recent ruling in a dispute over so-called sanctuary cities. 

  • August 8, 2018

    Insurance Inspectors Strike $2.4M Deal To End Wage Suit

    Overland Solutions Inc. struck a $2.4 million deal Wednesday with a proposed class of insurance inspectors who claim they were misclassified as independent contractors and denied proper wages, sending the deal to a California state judge for approval.

  • August 8, 2018

    $10M Tornado Coverage Row Needn't Be Arbitrated, Court Told

    The owners of a New Orleans warehouse that was destroyed in a 2017 tornado urged a Louisiana federal judge on Wednesday to hold that it doesn’t have to arbitrate a $10 million coverage dispute with a slew of domestic and foreign insurers, contending that the arbitration provision in its policies is unenforceable.

  • August 8, 2018

    Settlement Breach Suit Over $50M Aflac Demand Can Proceed

    A Georgia federal court has decided to allow a suit alleging that a woman breached a 25-year-old settlement agreement by sharing details about her original claims with an attorney handling a different suit against Aflac Inc., who then threatened further legal action against the insurance company unless it paid $50 million.

  • August 8, 2018

    Napoli Bern Insurer Wants Out Of $4M Award In Atty Fee Spat

    An insurer for the now-defunct asbestos plaintiffs giant Napoli Bern Ripka Shkolnik LLP wants a New York federal judge to say it won’t have to pay a $4 million-plus arbitration award for a Los Angeles lawyer who accused the firm of cutting him out of lucrative case referral fees.

  • August 8, 2018

    Deals Rumor Mill: Tronc, UnitedHealth, Ping An

    Tronc is reportedly considering selling the Chicago Tribune to a private equity firm, UnitedHealth inked a tentative deal to buy Genoa Healthcare from Advent International, and Ping An is mulling a deal to buy the Asia division of Prudential PLC.

  • August 8, 2018

    Va. Power Co. Wants Insurers To Defend It In Injury Suit

    A Virginia power company has filed suit in federal court accusing Continental Western Insurance Co. and other carriers of shirking their contractual duty to defend it against a lawsuit filed by a man who was shocked after his vehicle was hit by a downed power line.

  • August 8, 2018

    Monitronics Seeks Coverage In $28M Robocall Settlement

    A home security company has sued its insurers in Texas federal court, claiming they refused to honor their agreements and indemnify the company for a $28 million settlement in multidistrict litigation that accused the company of making calls to numbers listed on the National Do Not Call Registry.

  • 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.

Expert Analysis

  • 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.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Menchaca Continues To Preclude Post-Appraisal Liability

    Crystal Vogt

    The Texas Supreme Court's revised opinion in USAA v. Menchaca seemingly provided another opportunity for courts to reinterpret how Menchaca might affect post-appraisal claims. However, Texas courts have continued to confirm that timely payment of an appraisal award precludes extracontractual exposure, say Crystal Vogt and Bennett Moss of Zelle LLP.