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Insurance

  • October 24, 2018

    Wrong Jury Instructions Nix Safeco's Win In Crash Row

    A Florida appeals court on Wednesday vacated a lower court’s judgment freeing Safeco Insurance Co. from covering a policyholder’s costs in a car crash injury case, saying the trial judge improperly instructed the jury on the standard for assessing the insurance carrier’s argument that the insured failed to cooperate in the claim investigation.

  • October 24, 2018

    McDermott Scoops Up 2 ERISA Attys From Drinker Biddle

    McDermott Will & Emery LLP has added a pair of experienced Employee Retirement Income Security Act litigators for its Chicago office from Drinker Biddle & Reath LLP, including the former chair of Drinker Biddle’s ERISA litigation team.

  • October 24, 2018

    Seed Co. Wants Local Counsel Removed In Insurance Dispute

    A Texas seed company asked a federal judge on Tuesday to disqualify Crenshaw Dupree & Milam LLP from serving as local counsel to opponent Penn Millers Insurance Co., saying the firm employs a former legal assistant of the seed company’s general counsel.

  • October 24, 2018

    Unum, John Hancock Fight Bid To DQ Attys In Disability Suit

    Attorneys for John Hancock and Unum on Wednesday ripped an emergency motion from a woman seeking to disqualify them from representing a former Unum employee who is a witness in her suit over long-term disability benefits, arguing that a “day and a half” wasn’t enough time to respond.

  • October 24, 2018

    Fatal Sex Act Warrants Accidental Death Pay, 7th Circ. Told

    At least one Seventh Circuit judge wrestled Wednesday over whether to uphold a lower court’s ruling that a life insurance company must pay out its policy to a woman whose husband died in 2016 following an act of autoerotic asphyxiation.

  • October 24, 2018

    Jury Awards $2.8M To Man Injured By Underinsured Driver

    A Florida jury has found in a 12-year-old case that Geico owes roughly $2.8 million to one of its policyholders who was injured in a freeway pileup caused by an underinsured big-rig driver, finding that the crash was entirely the fault of the truck driver, while a Geico attorney says the company ultimately will owe few or no damages due to the complex history of the case.

  • October 24, 2018

    Delta, JetBlue Want Out Of Consumer Trip Insurance Suits

    Delta Air Lines Inc. and JetBlue Airways Corp. asked a Florida federal judge on Tuesday to dismiss two proposed class actions alleging that they duped consumers about who was pocketing trip insurance charges, saying the lawsuits were preempted and lacked standing.

  • October 24, 2018

    Ex-NY Senate Leader Gets 4 Years For 2nd Graft Conviction

    Former New York State Senate Majority Leader Dean Skelos was sentenced Wednesday to four years and three months in prison, following his second corruption conviction for coercing businesses into directing payments to his son, Adam.

  • October 24, 2018

    EU Reinsurers Pressure US Over Plans For Transatlantic Deal

    U.S. insurance regulators are coming under pressure to rethink their enforcement of a sweeping industry agreement between Washington and Brussels to ensure that their final rules do not force European reinsurers to post collateral before they can trade across the Atlantic.

  • October 23, 2018

    Mednax Can't Escape Aetna's $50M Overbilling Claims In Pa.

    A medical services support company focused on neonatal care can’t escape Aetna Inc.’s claims that it overbilled the insurer $50 million by exaggerating the severity of the clinical condition of newborns and ordering unnecessary tests, a Pennsylvania federal judge said in an order posted Tuesday.

  • October 23, 2018

    Horizon Settles With Last Hospital In Tiered Plan Suit

    Horizon Healthcare Services Inc. and Valley Health System said Tuesday they had reached a settlement over the remaining claims in a New Jersey state lawsuit alleging the insurer's tiered health coverage plan left certain hospitals competitively disadvantaged, ending the hard-fought litigation as the parties were set to go to trial.

  • October 23, 2018

    Fund's $1M ACA Payment Is Not A Tax, 4th Circ. Rules

    A group health care plan’s lawsuit for a refund of more than $1 million paid under the Affordable Care Act cannot proceed in a Maryland district court because the payment cannot be classified as a tax, according to a Tuesday decision from the Fourth Circuit.

  • October 23, 2018

    Penn-Star Wants Out Of $5M Hotel Shooting Coverage Row

    Penn-Star Insurance Co. said in California federal court Monday that it should not have to cover a $5 million claim against one of its policyholders, a Los Angeles hotel, stemming from a clerk who allegedly shot a patron, because the use of a firearm triggers an exemption.

  • October 23, 2018

    DOL Rule Encourages Workers To Buy Own Health Insurance

    The Trump administration issued a proposed rule on Tuesday that would make it easier for workers to buy their own health insurance and get reimbursed by their employer.

  • October 23, 2018

    2nd Circ. Revives Chocolatier's $49M Sandy Coverage Claim

    The Second Circuit on Tuesday revived Madelaine Chocolate Novelties Inc.’s effort to secure an additional $49 million in coverage from a Chubb Ltd. unit for property damage and business interruption losses caused by Superstorm Sandy, finding that a New York federal court failed to properly evaluate all the relevant policy provisions.

  • October 23, 2018

    BCBS Mass. Looks To Drop Wilderness Therapy Coverage Suit

    Blue Cross and Blue Shield of Massachusetts urged a Massachusetts federal judge Monday to toss a proposed class action alleging the insurer wrongly refused to cover wilderness therapy treatment for policyholders’ children, arguing that their health plans explicitly excluded the programs.

  • October 22, 2018

    DOL Proposes Easing Retirement Plan Regulations

    The U.S. Department of Labor moved Monday to make President Donald Trump’s executive order on retirement regulations a reality, proposing a rule that would make it easier for companies and the self-employed to join existing retirement plans or band together to create new ones. 

  • October 22, 2018

    Trump Invites ACA Suits By Giving States New Leeway

    The Trump administration on Monday offered states wide latitude to steer consumers away from the Affordable Care Act's robust health insurance and toward cheaper policies, an audacious move that experts say flouts the law's intent and invites litigation.

  • October 22, 2018

    Car Insurance Ruling Will 'Wreak Havoc,' NJ Justices Told

    A New Jersey appellate decision permitting the recovery of car-accident-related medical expenses above the limit of a plaintiff’s personal injury protection benefits will lead to greater litigation, raise insurance costs and “wreak havoc” on the state court system, counsel for defendants told the state Supreme Court Monday in seeking to overturn the ruling.

  • October 22, 2018

    Agents Get Upper Hand In Negligence Suits With Ill. Ruling

    A split Illinois Supreme Court recently held that the two-year statute of limitations for negligence claims against insurance agents generally begins to run on the date a policy is issued, a decision that sharply limits policyholders’ ability to sue over agents’ alleged failure to secure requested coverage.

Expert Analysis

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • A Breakdown Of Title Insurance For Mezzanine Financing

    Excerpt from Lexis Practice Advisor
    Spencer Compton

    Despite pessimism after the recession, mezzanine financing continues to be a part of almost every significant commercial real estate transaction. Lenders should understand the basic mezzanine debt structure and what title insurance options are available to them, say Spencer Compton and David Wanetik of First American Title Insurance Company.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.