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Insurance

  • August 1, 2018

    Calif. Insurance Commish Asks DOJ To Block CVS-Aetna Deal

    California’s insurance commissioner urged the U.S. Department of Justice on Wednesday to block CVS Health Corp.'s planned $69 billion purchase of insurance provider Aetna Inc., saying the deal would drive up consumer costs and can’t be fixed.

  • August 1, 2018

    Fla. Clinics Faked $4.7M In Accident Bills, State Farm Says

    State Farm on Wednesday accused three Florida health care clinics and the individuals running them of defrauding the insurance company of more than $4.7 million by billing for unnecessary or unprovided treatments for patients in automobile accidents.

  • August 1, 2018

    Chubb Says It Needn't Pay Weinstein Sex Misconduct Defense

    Units of Swiss insurer Chubb Ltd. on Tuesday asked a New York federal judge to find they have no duty to defend Harvey Weinstein from a slew of lawsuits and a criminal indictment alleging sexual misconduct, saying their policies don't cover claims for intentionally harmful acts by Weinstein in his movie business.

  • August 1, 2018

    Insurers Get $2.7M Irma Coverage Row Sent To Arbitration

    A Florida federal judge ruled Wednesday that the owner of a beach hotel must arbitrate its claims that underwriters at Lloyd's of London wrongly refused to cover more than $2.7 million in damage sustained during Hurricane Irma, finding the arbitration clause in their contract prevails.

  • August 1, 2018

    AIG, Carlyle Ink Partnership Over Bermuda Reinsurer

    Alternative asset manager The Carlyle Group is paying $381 million in cash for a minority stake in AIG’s Bermuda-based composite reinsurer DSA Re as part of a strategic partnership with the insurance giant, the companies announced Wednesday.

  • August 1, 2018

    5th Circ. Rules Aetna Can't Sue Texas Hospital Over Billing

    The Fifth Circuit has ruled that Aetna Life Insurance Co. can't sue an out-of-network Texas hospital for misrepresenting its billing practices, saying Aetna could not claim it was unaware of what those billing practices were.

  • August 1, 2018

    UK Construction Co. Can Limit Access To Insurance Trial Docs

    The U.K.'s Court of Appeal has sided with construction company Cape Intermediate Holdings Ltd. in its challenge to an order granting an asbestos victims support group access to documents from a trial where insurers pursued claims over payouts to individuals who had mesothelioma from contact with Cape products made with asbestos.

  • August 1, 2018

    Insurers Get Green Light To Sell ACA-Skirting Policies

    The Trump administration on Wednesday gave health insurers the green light to sell lengthier policies that don’t include Affordable Care Act benefits and protections, asserting that slimmer coverage will help consumers who’ve been priced out of ACA marketplaces.

  • July 31, 2018

    Vacancy Provision Sinks Coverage For Burst Pipe: DC Circ.

    The D.C. Circuit on Tuesday upheld a lower court’s ruling that Windsor-Mount Joy Mutual Insurance Co. doesn't have to cover a couple’s costs to repair severe damage to their Delaware beach house from a burst pipe, holding that coverage is clearly barred because the homeowners failed to shut off water to the residence before leaving for 10 days.

  • July 31, 2018

    Travelers Can Sue Aviation Co. For Extra Premiums: 8th Circ.

    The Eighth Circuit on Tuesday revived Travelers’ bid to force an aircraft maintenance company to shell out unpaid extra premiums on its workers’ compensation policy, finding that the insurer was not required to exhaust all administrative remedies before filing suit in federal court.

  • July 31, 2018

    Insurer Gets $5.4M Coverage Award Gutted In Junk Fax Case

    The New Jersey Appellate Division on Tuesday ordered a trial court to scale back a ruling that an insurer must pay roughly $5.4 million to a certified class over unsolicited faxes advertising a media business, finding that only the class representative is entitled to coverage under the media company’s insurance policies.

  • July 31, 2018

    Ambac Again Beats Nomura’s Bid For Wis. Regulator Docs

    A New York judge on Tuesday rejected a bid by a Nomura unit to reverse a special master’s finding that a Wisconsin regulator’s privilege applied to certain records from residential mortgage-backed securities insurer Ambac Assurance Corp., saying the special master had made the right call.

  • July 31, 2018

    Retired UPS Workers File Suit Over Pension Cuts

    Three retired UPS employees filed a putative class action in Federal Claims court against the federal government on Tuesday, demanding fair compensation for the Treasury Department’s approval of an allegedly improper reduction in their vested pension benefits affecting a proposed class of approximately 21,000.

  • July 31, 2018

    8th Circ. Upholds Liberty's Win In Premium Overcharge Suit

    The Eighth Circuit on Tuesday affirmed an order dismissing wire and cable manufacturer WireCo WorldGroup Inc.'s claims that it overpaid on premiums for workers' compensation policies from two Liberty Mutual units, saying WireCo failed to show that it could have obtained less expensive coverage during the policy periods.

  • July 30, 2018

    Chancery Adopts Deal Price In $6.5B Solera Appraisal Row

    Delaware’s Chancery Court went with an adjusted deal price Monday in a ruling on challenges to the $55.85 per share, $6.5 billion sale of Solera Holdings Inc. to Vista Equity Partners LP in 2015, rejecting a vastly higher mark sought by objecting investors and a far lower one suggested by Solera.

  • July 30, 2018

    Marsh Must Face Asbestos Claims Once Barred By Trust

    Insurance broker Marsh must face state court asbestos claims that it had argued were categorically barred by a massive asbestos-claim trust from the 1980s, a New York federal judge ruled Monday.

  • July 30, 2018

    3 Insurers Must Cover TIAA's Defense, Del. Justices Say

    The Delaware Supreme Court on Monday upheld a judgment requiring three insurance carriers to cover TIAA’s costs to defend and settle class actions alleging the retirement services giant profited from fund-transfer delays, rejecting the insurers’ assertion that the deals constitute uninsurable disgorgement.

  • July 30, 2018

    Leather Goods Co. Seeks $4.5M From Insurer After Fire

    A leather goods company claims it was forced to close and incur $4.5 million in damages after West American Insurance Co. wrongly refused to cover the loss of its inventory in a fire, according to a complaint removed to the Northern District of California on Friday.

  • July 30, 2018

    Lawyers Compete To Represent Zetia Buyers In Antitrust Case

    More than a half-dozen law firms representing buyers of the cholesterol drug Zetia launched competing bids Friday to act as interim counsel for end payors for the drug in an antitrust MDL accusing Merck & Co. of orchestrating a pay-for-delay scheme to keep a generic version of the drug off the market.

  • July 30, 2018

    $12B ACA Case Needs Full Fed. Circ. Review, Insurers Say

    The full Federal Circuit should review a panel ruling that let Congress withhold $12 billion in promised Affordable Care Act funding, health insurers said Monday, arguing that the ruling flouted precedent and paved the way for lawmakers to shirk future commitments.

Expert Analysis

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Texas Hail Bill Is Already Affecting Insurance Litigation

    Christopher Avery

    Because Chapter 542A of the Texas Insurance Code, commonly known as the Hail Bill, does not apply retroactively, only a handful of cases have interpreted it. However, these decisions show that so far, the Hail Bill is requiring proper notice to claimants exactly as the Texas Legislature intended, says Christopher Avery of Thompson Coe Cousins & Irons LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • 'Disgorgement' Payments May Be Insurable In NY

    James Westerlind

    New York generally prohibits the insurability of awards against insureds that represent the disgorgement of ill-gotten gains. However, if an insured can show that the disgorgement represents profits realized by other third parties, then directors and officers insurance could possibly provide coverage, say James Westerlind and Christopher Koenig of Arent Fox LLP.