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Insurance

  • November 1, 2018

    Attys Want $3M In $220M Deal Ending X-Ray Overcharge Row

    Attorneys representing a putative class of patients alleging that dozens of hospitals overcharged for post-car-crash X-rays and CT scans asked a Florida federal judge Thursday to sign off on $3 million in attorneys’ fees and expenses as part of a settlement they estimate is worth $220 million in discounts on future medical bills.

  • November 1, 2018

    Ex-Nets Player Says MetLife Raided His Retirement Account

    Former professional basketball player William Willoughby has accused insurance giant MetLife, spinoff Brighthouse Financial and a pair of its subsidiaries in New York state court of forging his signature to empty his retirement account of nearly $600,000.

  • November 1, 2018

    Insurer Can't Pass Buck On Builder's Defect Suit Defense

    A California appeals court on Wednesday ruled that Interstate Fire and Casualty Co. cannot pursue reimbursement from a landscape company’s insurer for part of the sum it paid to defend Pulte Home Corp. in a construction defect lawsuit, saying Pulte does not qualify as an additional insured under the landscaper’s policies.

  • November 1, 2018

    Genworth Can't Blame Santander For £28M Suit, Judge Says

    A judge in London refused on Thursday to allow Genworth Financial Inc. to shift the blame for missold payment protection insurance onto two British units of Santander, after AXA SA sued the U.S. insurer for £28.5 million ($37 million).

  • November 1, 2018

    EU, US Insurance Regulators May Link To Fight Cybercrime

    Regulators in the U.S. and the European Union could join forces to test the vulnerability of insurers on both sides of the Atlantic to international cyberattacks as the threat from online crime escalates, Europe’s top insurance supervisor has indicated.

  • October 31, 2018

    Estate Seeks Retrial After Jury Clears Firm Of Malpractice

    A dispute over allegedly shoddy legal advice on dissolving an insurance-marketing company should get a retrial, the estate of the company's former co-owner said Tuesday, telling an Iowa federal court that an expert witness sprang unannounced opinions at trial.

  • October 31, 2018

    Machine Maker Wants Insurance Suit Over $40M Row Revived

    The Robbins Co. on Tuesday told the Sixth Circuit that an Ohio court’s ruling that an insurer does not need to cover a $40 million breach of contract action against the tunnel-boring machine maker was overly broad, urging the appeals court to reverse the decision.

  • October 31, 2018

    7th Circ. Vacates $27M Defamation Win Against Allstate

    The Seventh Circuit on Wednesday vacated a $27 million jury verdict awarded to four traders who claim that Allstate Insurance Co. didn't make necessary legal disclosures before firing them and then defamed them in public filings, finding that they haven’t shown they were denied jobs due to the alleged defamation.

  • October 31, 2018

    Insurer Suit Against Doc Paused For 5th Amendment Concern

    A Nevada federal judge ordered a stay on National Fire & Marine Insurance Co.’s suit against a doctor on Wednesday, finding that allowing the suit to go forward would force the doctor to choose between maintaining his Fifth Amendment rights in a criminal proceeding or effectively fighting the lawsuit.

  • October 31, 2018

    DOL Seeks To Quash States' Association Health Plan Suit

    The U.S. Department of Labor on Tuesday asked a Washington, D.C., federal judge to dismiss a lawsuit challenging the agency's association health plan rule, telling the judge the states that sued over the rule do not have standing to challenge the measure.

  • October 31, 2018

    Club Shooting Decision Widens Coverage For 'Loss Of Use'

    A California appeals court ruled recently that the revocation of a venue’s nightclub license after a fatal shooting triggered the “loss-of-use” provision in a liability insurance policy, fortifying Golden State policyholders in similar disputes by clarifying that the total shutdown of a property is not required for the valuable coverage to apply.

  • October 31, 2018

    WinCo Plan Dropped In-Network Dialysis Benefit, Suit Says

    Health care giant DaVita Inc. has hit supermarket chain WinCo Foods LLC with a federal lawsuit accusing its employee benefit plan of effectively removing in-network coverage for dialysis, placing a burden on plan beneficiaries suffering from kidney failure.

  • October 31, 2018

    7th Circ. Is Asked To Free Financing Co. From Business Ties

    An Illinois-based commercial insurance premium financer told the Seventh Circuit Wednesday that a lower court is forcing it to continue working with a competitor far beyond any term the two contemplated in a now-soured agreement that kept its acquisition of the competitor on the table.

  • October 31, 2018

    SEC Seeks To Simplify Variable Annuity Disclosures

    The U.S. Securities and Exchange Commission on Tuesday proposed allowing issuers of variable annuities and variable life insurance contracts to provide shorter summary prospectuses, shifting toward a more layered approach to disclosure that the agency says is more user-friendly to investors.

  • October 31, 2018

    AIG Unit Needn't Cover Medical Service Co. Harassment Suits

    A Florida federal judge on Tuesday ruled that an AIG unit does not have to indemnify a medical services company for more than $750,000 it paid to settle a pair of harassment complaints, finding the policy held by the medical company’s human resources provider doesn’t extend to the claims.

  • October 31, 2018

    Insurance M&A Soars Under EU's Tough Capital Regime

    The value of mergers and acquisitions among international insurance companies soared by almost a fifth to €37 billion ($42 billion) between January and June, a growth driven partly by the European Union’s sweeping capital regime, according to new data revealed on Wednesday.

  • October 30, 2018

    Insurers Sweat Gov't U-Turn On Medicare Advantage Audits

    The federal government has done a dramatic about-face on how much money it can recover through Medicare Advantage audits, a move that could force health insurers to pay back huge sums of money and halt industry momentum in False Claims Act litigation.

  • October 30, 2018

    Ex-Modi Executive Subpoena Dispute Inches Forward

    Punjab National Bank’s bid to obtain documents from the former head of a trio of defunct companies tied to Nirav Modi’s $2 billion fraud took a small step forward Tuesday when a New York bankruptcy court ordered both sides to produce a log detailing each request and why the executive is refusing to answer them.

  • October 30, 2018

    $1M Cap Applies To Postal Worker's Injury, Ind. Court Says

    An Indiana appeals court ruled Tuesday that a yacht detailer's shipment of toxic paint thinner that broke at a USPS facility and hurt a postal worker is only covered up to $1 million, halving the amount for which insurer Auto-Owners Insurance Co. is on the hook.

  • October 30, 2018

    Real Estate Rumors: TA Realty, Flip, Square Mile

    TA Realty has reportedly paid Guardian Life Insurance $36.1 million for two Florida warehouses, real estate tech firm Flip is said to be leasing 5,800 square feet in Brooklyn, and Square Mile Capital Management has reportedly invested $138.5 million in a Long Island City residential tower.

Expert Analysis

  • Establishing Waiver Of The Right To Appraisal In Texas

    Kristin Cummings

    The Texas Supreme Court has made clear that a party seeking to avoid appraisal in an insurance dispute has a high burden to establish waiver. Two decisions in the last couple months highlight key points underlying a court’s analysis in determining waiver, say Kristin Cummings and Victoria Vish of Zelle LLP.

  • Arbitration, Mediation Can Solve Cyber Insurance Disputes

    Daniel Garrie

    Many policyholders instinctively oppose the inclusion of alternative dispute resolution clauses in their insurance policies. However, given the complexity of cyber coverage disputes, businesses should consider the confidentiality and cost-effectiveness that ADR can offer, say members of JAMS and Zeichner Ellman & Krause LLP.

  • Autonomous Ships: Coming Soon To A Port Near You

    Micah Dawson

    With almost 75 percent of marine liability losses being a result of human error, companies are increasingly interested in the development of autonomous ships. While fully autonomous vessels could offer a competitive advantage by allowing elimination of shipboard crew, hiring and training of capable shoreside support staff will be essential, says Micah Dawson of Fisher Phillips LLP.

  • 11 New Insurance Laws After California Wildfires

    Samuel Sorich

    The 2017-2018 California wildfires and mudslides spurred the introduction and passage of multiple broad-based proposals that will require California homeowners insurers to change their contacts, their disclosures, and their claims and underwriting practices, say Samuel Sorich and Larry Golub of Hinshaw & Culbertson LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • UK Product Liability Law In The Autonomous Vehicle Era

    Sarah Batley

    The United Kingdom is positioning itself as the go-to location to develop, test and drive automated vehicles, and has already enacted legislation to provide an insurance model for AVs. But it is not yet clear whether existing U.K. product liability law will be able to accommodate the challenges posed by this new technology, say attorneys with Jones Day.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • NY Tax Minutes: September

    Timothy Noonan

    In the latest installment of their monthly column, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP revisit the ongoing battle over the SALT deduction cap, note the importance of taxpayer testimony in domicile cases, address nonaudit-related legal challenges facing taxpayers and review New York City’s better-late-than-never guidance on repatriated income.

  • 6th Circ. Encourages Insureds To Be Open With Insurers

    Matthew Beato

    The Sixth Circuit's recent decision in First Horizon v. Houston reinforces the importance of providing timely and complete notice to insurance carriers, and will discourage insureds from disguising crucial facts about claims, says Matthew Beato of Wiley Rein LLP.