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Insurance

  • October 1, 2018

    Weinstein Not Covered For Sex Abuse Suits, Travelers Says

    Travelers on Friday asked a New York court to rule it doesn’t have to defend or indemnify Harvey Weinstein in a host of lawsuits alleging the Hollywood mogul sexually harassed or assaulted women, saying Weinstein doesn’t qualify as an insured under 10 policies issued to The Walt Disney Co. and that even if he did, multiple exclusions would bar coverage.

  • October 1, 2018

    Proposed Asbestos Trust Rep Faces Depo In Duro Dyne Ch. 11

    Amid enhanced government scrutiny of bankruptcy trusts for asbestos exposure victims, a New Jersey bankruptcy judge said Monday that the proposed representative for future claimants in the Chapter 11 case for Duro Dyne National Corp. must show evidence of disinterest before being formally appointed.

  • October 1, 2018

    Insurer Need Not Cover Pa. Law Firm's Malpractice Suit

    An insurer doesn’t have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate development, a federal judge ruled Monday.

  • October 1, 2018

    Grain Co. Must Pay BNSF's Defense Of Fatal Train Crash Suit

    An Oklahoma federal judge on Monday ruled that a grain and fertilizer company that leased land from BNSF Railway Co. must fund the railroad giant's defense of a lawsuit over a train collision that left a truck driver dead, while also holding that BNSF is not entitled to coverage from the lessee's insurer.

  • October 1, 2018

    Health Care Advocates Ask For Block Of ACA-Skirting Plans

    Insurers, doctors and patient advocates asked a D.C. federal judge on Friday to bar the Trump administration from enforcing a "lawless rule" that they say would disrupt the health insurance market by extending for up to three years "short-term" policies that lack Affordable Care Act-guaranteed benefits.

  • October 1, 2018

    Ex-Life Partners Atty, CEO Ordered To Pay $7M In Fines

    A Texas federal judge on Friday adopted the bulk of a magistrate judge’s recommendation as to penalties for two former insiders of bankrupt life settlement trader Life Partners Holdings Inc., saying that nearly $7 million in individual punishments is appropriate.

  • October 1, 2018

    DaVita Pays $270M For Inflating Medicare Advantage Bills

    Health care giant DaVita Inc. will pay $270 million to resolve allegations that one of its divisions defrauded Medicare Advantage through deliberate ignorance of unsubstantiated diagnoses and manipulation of billing codes, the U.S. Department of Justice said Monday.

  • October 1, 2018

    Supreme Court Won't Take Up Medicare Advantage Fight

    The U.S. Supreme Court on Monday refused to review a decision holding that hospitals must exhaust administrative remedies before suing insurers to recover Medicare Advantage reimbursements, effectively rejecting arguments the ruling will "improperly tax and potentially overwhelm" the government's limited resources.

  • October 1, 2018

    15 Minutes With Voya Financial's Chief Legal Officer

    Trish Walsh oversees all aspects of Voya Financial's law, compliance and external affairs department. Here, she discussed with Law360 the one responsibility she must think about daily and how top in-house lawyers can help minority attorneys advance within the legal industry.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Claims Cut Back In Insurers’ Asbestos Pipe Liability Spat

    A Connecticut federal court on Friday granted a quick win to a group of insurance companies in a suit brought by First State Insurance Co. alleging the other insurers failed to pay their fair share to cover a plumbing piping company named in various asbestos suits, finding that the claims were time-barred for some insurers and exceeded policy limits for others.

  • September 28, 2018

    Travelers Prevails In Hotel Data Breach Coverage Battle

    A Florida federal court on Friday ruled that a Travelers insurer has no duty to defend a hotel operator’s information technology subsidiary against allegations that it was responsible for a data breach that exposed hotel customers’ credit card data, finding that the claim doesn’t trigger the personal injury coverage in the IT company’s policy.

  • September 28, 2018

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

    The last week has seen a Toys R Us property unit sued by the firms behind its £263 million bridge loan, XL Catlin lodge a claim against a commercial motor insurance specialist and an action on behalf of Lloyd's underwriters against QBE Insurance.

  • September 28, 2018

    Liberty Can't Shift Slip-And-Fall Coverage To Selective

    A Pennsylvania federal judge on Friday ruled that Liberty Mutual cannot shift a shopping center’s responsibility in a slip-and-fall case to a tenant’s insurer, finding that the landlord does not qualify for additional insured coverage under the tenant’s policy.

  • September 28, 2018

    Walgreens, Kroger Have No Right To Sue Over Remicade: J&J

    Johnson & Johnson urged a Pennsylvania federal judge Friday to toss a lawsuit from pharmacy giants Walgreens and Kroger accusing the drug company of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, arguing they can't participate in the closely watched antitrust fight.

  • September 28, 2018

    Underwriters Slam Quick Win Bid In $500M Chevron Rig Suit

    Insurance underwriters who claim to have paid $500 million to Chevron after a Gulf of Mexico oil rig broke urged a Texas federal judge Thursday to reject American Global Maritime Inc.’s quick win bid on claims seeking to hold the marine surveyor liable, saying the request is premature and meritless.

  • September 28, 2018

    Basketball Coach Software Co. Says Ex-Employees Stole IP

    A company that makes software for basketball coaches to draw and share plays sued two people in Illinois federal court on Thursday who it says stole its code and launched a competing software product, claiming they breached several confidentiality agreements.

  • September 28, 2018

    OSF HealthCare Beats Church Plan Suit

    OSF HealthCare System defeated a proposed class action accusing it of misusing the Employee Retirement Income Security Act's church exemption on Friday, with an Illinois federal judge ruling that the health care network's ties to the Catholic church put it beyond ERISA's reach.

  • September 27, 2018

    Legal Malpractice Insurers Looking Earlier To Sue Their Attys

    The tripartite relationship is putting a tighter squeeze on lawyers retained by insurers to defend attorneys in legal malpractice cases, a group of experts said Thursday in Las Vegas.

  • September 27, 2018

    Insurer Needn't Defend Au Pair Agency In Class Suit

    A Florida federal judge on Thursday ruled that Berkley Assurance Co. has no duty to defend or indemnify au pair placement agency Expert Group International Inc. in a class action suit accusing it of conspiring with other agencies to set low pay rates, saying coverage is unavailable because Expert Group was aware of the underlying suit before obtaining its policy.

Expert Analysis

  • Travel Act Gets Mileage In Health Care Cases

    Bradley Smyer

    In U.S. v. Beauchamp, a Texas surgeon recently agreed to plead guilty to federal conspiracy and violation of the Travel Act for his role in an alleged scheme involving millions of dollars in bribes and kickbacks for patient referrals. The case confirms that the Travel Act has officially come to health care enforcement, say Bradley Smyer and Mia Falzarano of Alston & Bird LLP.

  • Challenge Calif. Insurer Limits On Independent Counsel Rates

    Susan White

    When an insurer allows an insured to select its own defense counsel in California, it will often only agree to pay a very low hourly rate. However, an insured should not simply accept the insurer's say on this, as there are several ways to challenge an insurer's unilaterally imposed rates, says Susan White of Manatt Phelps & Phillips LLP.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Medicare Shared Savings Program May Get A Makeover

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently proposed a rule that would overhaul the Medicare Shared Savings Program for accountable care organizations. The most significant change is the revision of the program's participation tracks and mandatory advancement to greater levels of two-sided risk, say attorneys with Ropes & Gray LLP.

  • Payors Share Some Responsibility For The Opioid Epidemic

    Joy Stephenson-Laws

    Recently, well-known commercial insurance companies and government health insurance programs like Medicare and Medicaid have come under scrutiny for their role in allegedly getting and keeping patients addicted to opioid painkillers while not doing enough to help curb the epidemic, says Joy Stephenson-Laws of Stephenson Acquisto and Colman.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • States May Escheat IRAs But Who Gets The Tax Bill?

    Carol Tello

    The June IRS publication of a revenue ruling addressing the timing of federal income tax withholding and reporting treatment for funds escheated from traditional IRAs was timely. As a matter of substance, or of tax and unclaimed property administration, however, the ruling is already proving problematic, say attorneys at Eversheds Sutherland LLP.