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Insurance

  • July 10, 2018

    Montana BCBS Accused Of Shorting Insureds On Airlift Costs

    Blue Cross Blue Shield of Montana has illegally foisted costs for air ambulance services onto health plan participants by using a biased selection of reimbursement calculation methodologies to underpay claims, a provider of such services has alleged in Montana federal court.

  • July 10, 2018

    Highmark Nixed Health Plan To Drop Hemophiliacs, Suit Says

    A group of specialty pharmaceutical companies accused Highmark Inc. of terminating a health plan in order to avoid providing coverage to plan members with hemophilia in violation of the Affordable Care Act and Employee Retirement Income Security Act in a complaint filed in Pennsylvania federal court.

  • July 10, 2018

    3rd Circ. Won't Revive AXA Investors' Action Over Fees

    The Third Circuit on Tuesday refused to disturb a New Jersey federal court ruling dismissing with prejudice investors’ claims in a consolidated derivative action against AXA Equitable Life Insurance Co. alleging that its subsidiary collected excessive mutual fund management fees, finding that the court’s conclusions were not “clearly erroneous.”

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    Pfizer, Insurer Venue Bids Denied In Coverage Fight

    A Delaware federal judge on Monday denied Pfizer's bid to remand to state court a suit against North River Insurance Co. in their dispute about coverage for a $400 million shareholder suit over off-label marketing.

  • July 9, 2018

    Medidata Win Buoys Insureds In Phishing Coverage Fights

    The Second Circuit affirmed Friday that Medidata Solutions Inc.'s crime insurer must cover a $4.8 million loss it suffered when its employees were tricked into wiring money by a crook posing as Medidata's president in an email, giving policyholders ammunition to combat insurers' arguments that email-based "phishing" schemes don't trigger computer fraud coverage.

  • July 9, 2018

    Benefits Co. Accused Of $8M Grift Barred From Industry

    A Maryland benefits administration company accused of failing to pay $8 million in medical claims agreed Monday to stop administering health-care plans as part of a consent agreement with the U.S. Department of Labor in Maryland federal court.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Skelos Admits He Helped Son Get Work, Denies Corruption

    Former New York State Senate leader Dean Skelos told a Manhattan federal jury on Monday that he never traded the power of his office to help his son Adam, but on cross-examination admitted to pressing a real estate developer at least three times to help his son find work.

  • July 9, 2018

    11th Circ. Urged To Reverse Chinese Drywall Quick Win

    A general contractor on Monday urged the Eleventh Circuit to reverse a summary judgment ruling against it in nearly decade-old litigation over the installation of defective Chinese drywall, calling the ruling against it “unfathomable” given the facts of the case.

  • July 9, 2018

    Landry's Says Insurer On Hook For Cost Of Data Breach Suit

    Houston-based entertainment and restaurant company Landry's Inc. has filed a lawsuit against an insurer alleging it has wrongfully refused to pay to defend a data breach lawsuit brought by JPMorgan Chase Bank NA.

  • July 9, 2018

    AIG Says US Sanctions Nix Insurer's Syrian Bank Theft Claim

    The European arm of U.S. insurer American International Group has pushed to avoid making a reinsurance payout to a Jordanian insurer in U.K. litigation, claiming that it would breach U.S. sanctions if it paid out insurance claims for money allegedly stolen from a bank in Syria.

  • July 6, 2018

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

    The last week has seen dozens of energy companies and insurers sue Danish shipper Torm, a British private equity firm and a Goldman Sachs unit lodge a dispute with a handful of Portuguese companies and nearly two dozen British rail operators take on Visa and MasterCard just hours after an appellate ruling dealt the credit card giants a setback in their battle with retailers. Here, Law360 looks at those and other new claims in the U.K.

  • July 6, 2018

    What You Need To Know For The Supreme Court Nomination

    President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.

  • July 6, 2018

    Geico Seeks To Cut Chiropractors' Claims In Payments Suit

    Geico asked a Florida federal judge Friday to issue a judgment against three claims in a chiropractic practice’s putative class action accusing the insurer of systematically underpaying on personal injury protection coverage, noting the court sided with its position in a similar case.

  • July 6, 2018

    Ex-NY Senate Boss Takes Stand At Retrial, Denies Graft

    Former New York Senate Majority Leader Dean Skelos unexpectedly took the witness stand in his own defense Friday at a retrial over charges he strong-armed businesses for illicit payments to his son, denying that he ever traded his official position for personal gain.

  • July 6, 2018

    Biggest Texas Supreme Court Rulings Of 2018: Midyear Report

    In its 2018 term, the Texas Supreme Court became the first state high court in the country to apply attorney-client privilege to non-lawyer patent agents, opened the doors for patients to access hospitals' closely guarded insurance reimbursement rates, and strengthened protections for lawyers facing suits brought by courtroom opponents. Here, Law360 takes a look at six of the most significant cases from the term.

Expert Analysis

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • 2 Avenues Of Insurance Coverage For Cryptocurrency Theft

    Fiona Chaney

    This month, cryptocurrency exchange Conrail reported that hackers stole $37 million of its virtual currency, marking the second high-profile cryptocurrency theft this year. In order to maximize potential recovery, companies should carefully review both their commercial crime and cyber policies before a theft or other loss occurs, says Fiona Chaney of Pasich LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Make Sure Your Cyber Insurance Is Ready For GDPR

    Joseph Fields

    Because cyber insurance policies are not standardized, potential differences in language could affect coverage in the General Data Protection Regulation age. Special attention should be paid to insuring language, triggers, most favored venue and jurisdiction wording, and other clauses, says Joseph Fields of Offit Kurman PA.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • No Arbitration For Insurance Disputes In Puerto Rico

    Anaysa Gallardo Stutzman

    For insurers and insureds caught in the chaos of the claims left behind by the 2017 Atlantic hurricane season in Puerto Rico, even an agreement to arbitrate would violate Puerto Rico's Insurance Code, and as such should be avoided, says Anaysa Stutzman of Zelle LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Excess D&O In Del.: A Safe Forum For Exhaustion Disputes

    Daniel Wolf

    Excess directors and officers insurers have become increasingly aggressive in denying coverage based on a line of cases holding that exhaustion language found in many excess D&O policies requires full payment from underlying insurers. Policyholders incorporated in Delaware can alleviate this risk by litigating the issue in Delaware courts, says Daniel Wolf of Gilbert LLP.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • House Hearing Stirs Debate On Insuring Autonomous Vehicles

    Susan Lent

    A U.S. House subcommittee hearing last month on self-driving vehicles and the future of insurance highlighted stakeholders' differing views on whether technology companies should be legally required to provide insurers with vehicle data. A failure to reach agreement on data sharing will hamper the legislative process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.