• October 24, 2017

    11th Circ. Backs Liberty Policy Limit In Contractor's Suit

    The 11th Circuit on Monday found that Liberty Mutual does not have to pay a contractor attempting to collect for repairs on an insured's raccoon-infested home, saying that when the contractor took on the homeowner’s policy it took on both its rights and its limitations.

  • October 24, 2017

    Hatch, GOP Rep. Float ACA Deal With Renewed Subsidies

    Sen. Orrin Hatch, R-Utah, and a fellow Republican lawmaker in the House announced an agreement Tuesday that would reform the Affordable Care Act while temporarily restoring funding for its cost-sharing reductions, which were cut off by President Donald Trump in an executive order earlier this month.

  • October 24, 2017

    Honeywell Must Chip In On Asbestos Claims, NJ Justices Told

    Travelers told New Jersey's highest court on Tuesday that Honeywell should be required to help cover costs tied to certain asbestos-related injury claims filed after policy exclusions for asbestos became common, saying a decision to the contrary would reward companies that continue to make dangerous products after insurance is no longer available.

  • October 24, 2017

    Insurer Must Cover Zip Line Injury At Church Camp Site

    A Missouri federal judge Monday found Great American Alliance Insurance Co. has to pay out for a 2014 zip line accident at a church camp at a Baptist conference center even if the zip line was not specifically named in the camp contract.

  • October 23, 2017

    Phelps Dunbar Wants Lloyd's Malpractice Suit Sent To London

    Phelps Dunbar LLP told a California federal judge on Monday that a malpractice suit brought by a group of Lloyd's of London underwriters over an allegedly bungled $45 million lawsuit should be sent to arbitration in the United Kingdom, urging him to enforce an agreement from 2016 despite the lack of a physically signed copy.

  • October 23, 2017

    Trump's ACA Requests Signal Doubt On Regulatory Powers

    The Trump administration's newly released requests for legislative changes to the Affordable Care Act mirror changes floated in a recent executive order, potentially signaling doubts about the order's ability to effect changes via regulation, experts say.

  • October 23, 2017

    Judge Slams State Efforts To Block Trump's ACA Subsidy Cut

    A California federal judge blasted 18 states’ bid to block the Trump administration from cutting billions in Affordable Care Act subsidies, suggesting they were confusing consumers by “standing on the courthouse steps denouncing the president” even though they'd devised an “innovative” workaround that actually boosted coverage and meant there was no immediate harm.

  • October 23, 2017

    Suit Over $2M Policy Proceeds Stays Alive In Federal Court

    A New Jersey federal judge declined to dismiss an interpleader dispute between a New Jersey resident and corporation over a $2 million Transamerica life insurance policy on diversity grounds, saying Transamerica’s exit from the case does not destroy diversity.

  • October 23, 2017

    Late Notice Dooms Coverage Of Nightclub Shooting: 5th Circ.

    Nautilus Insurance Co. does not owe coverage to a security company for a Houston nightclub over the claims of an employee who was shot at the club, the Fifth Circuit ruled Friday, agreeing with a lower court that the insurer didn’t receive proper notice of the woman’s suit.

  • October 23, 2017

    Aetna Mailing Breached Privacy, HIV Patient Says

    A California man on Friday became the latest in a string of HIV patients to file suit against Aetna Inc. with allegations the mailings the company sent as part of the settlement of prior privacy-based class actions revealed his HIV status.

  • October 23, 2017

    NJ Justices Set To Weigh Asbestos Coverage Gap Quandary

    New Jersey's high court will hear arguments Tuesday in Travelers' appeal of a decision that Honeywell doesn't have to help cover costs tied to asbestos-related injury suits filed after insurers started excluding asbestos coverage, in a case that could broadly impact how coverage is spread between policyholders and insurers in similar cases.

  • October 23, 2017

    8th Circ. Won't Rehear UnitedHealth's $350M Insurance Feud

    The Eighth Circuit on Friday denied UnitedHealth Group Inc. an en banc rehearing of its decision that the health insurance giant's excess insurers don’t have to contribute to the $350 million it is shelling out to settle two class actions.

  • October 23, 2017

    Mayer Brown Reps The Hartford In $1.45B Aetna Unit Buy

    The Hartford Financial Services Group Inc. said Monday it will acquire Aetna Inc.’s group life and disability unit for $1.45 billion in deal that will turn the Connecticut-based insurance giant into the second-largest provider of group life and disability coverage in the U.S.

  • October 20, 2017

    Sedgwick Loses Bermuda Office To Kennedys

    The Bermuda office affiliated with Sedgwick LLP has severed ties with the firm and allied with Kennedys, marking the latest departure of senior-level insurance talent from the troubled Sedgwick.

  • October 20, 2017

    Greenberg's Co. Asks High Court To Hear AIG Bailout Row

    The company led by former American International Group Inc. CEO Maurice "Hank" Greenberg urged the U.S. Supreme Court to review an appeals court’s decision that found the firm lacked standing to pursue claims against the federal government over the 2008 bailout of AIG, saying the decision amounts to an “egregious injustice.”

  • October 20, 2017

    Trump Admin Fights Dem AGs' Bid To Restore ACA Subsidies

    The Trump administration on Friday urged a California federal judge not to quickly restore funding for Affordable Care Act subsidies that reduce copays and deductibles, arguing that a new lawsuit from Democratic attorneys general is procedurally improper.

  • October 20, 2017

    Mercury Takes Calif. Insurance Rate Fight To Supreme Court

    Mercury Casualty Co. and insurance trade groups urged the U.S. Supreme Court to intervene in a legal fight against California’s insurance commissioner, arguing that the California Court of Appeal wrongly ruled that government rate regulations are "constitutionally confiscatory" only if they create financial distress.

  • October 20, 2017

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

    The last week has seen a dispute between the last standing shareholder group in the RBS rights issue case and one of its funding claimants, a Law Society suit over financial transactions, and more competition claims against Visa and MasterCard. Here, Law360 looks at those and other new claims in the U.K.

  • October 20, 2017

    Stop-Gap Policy Covers Worker's Claim, W.Va. Justices Say

    West Virginia’s highest court found Thursday that First Mercury Insurance Inc. owes a defense to Kimes Steel Inc. in an underlying suit over a steelworker’s mangled hand, affirming a lower court’s decision that the exclusion in a stop-gap policy the insurer relied on to deny the claim was ambiguous and therefore void.

  • October 20, 2017

    HHS Looks To Dodge $1.5B Pharmacy Antitrust Suit

    The U.S. Department of Health and Human Services on Friday said that it should not have to face a $1.5 billion antitrust lawsuit brought against Chicago pharmacies, saying that no claims in the suit even mention the department, according to a filing in Illinois federal court.

Expert Analysis

  • New Disability Claim Procedures For Nonqualified Plans?

    Marc Fosse

    The U.S. Department of Labor recently updated the required claims procedures for employee benefit plans that provide disability benefits. While these new requirements may be a good thing for traditional short- or long-term disability benefits, it is probably overkill for determining whether an executive in a nonqualified plan has a qualifying disability, says Marc Fosse of Trucker Huss APC.

  • Insights On Provider Consolidation And Narrow Networks

    Samuel Weglein

    Two recent studies from the latest volume of "Health Affairs" — an academic journal focused on health care economics and policy — yield results that could have important implications for antitrust enforcement in health care markets, say Samuel Weglein and Dov Rothman of Analysis Group Inc.

  • Lessons Learned: Storm-Proofing Community Associations

    Donna DiMaggio Berger

    The very active 2017 hurricane season has underscored the need for community associations in states like Florida to have the right plans, to continually refine those plans and to learn from their mistakes, says Donna DiMaggio Berger of Becker & Poliakoff PA.

  • Is An Assault On The Flood Exclusion Coming?

    Randy Maniloff

    There will be plenty of similarities between Katrina insurance claims and those arising from Harvey and Irma. This time around, however, expect to see arguments made that the Insurance Services Office’s 2011 amendments to the flood exclusion, contained in the organization’s homeowner’s policies, affect certain claims, says Randy Maniloff of White and Williams LLP.

  • Mass. Digital Health Developments: What To Know Now

    Ellen Janos

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • Storm-Damaged Businesses Need Environmental 'Baselines'

    Kevin Daehnke

    What if, after a storm like Hurricane Harvey or Irma, a small business finds itself liable for hundreds of thousands (or even millions) of dollars of environmental contamination that spilled out during the storm? This is a very real concern for businesses that store and use chemicals, but there are ways to establish protections, says Kevin Daehnke of Daehnke Cruz Law Group LLC.

  • Economy Conditions Complicate Business Interruption Claims

    Vincent Morgan

    Business interruption claims are frequently the most difficult and hotly contested of insurance claims, and this is even more so in the aftermath of large-scale natural disasters like Hurricanes Harvey and Irma. One common dispute is whether the measurement of business interruption should take into account the post-loss area-wide economic conditions, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Blurring The Line Between Health Care Provider And Payor

    John Chesley

    Since the passage of the Affordable Care Act, health care providers in markets around the country have started exploring the payor side of the business by sponsoring health plans. Attorneys with Ropes & Gray LLP examine some of the factors giving rise to this trend and what it might (and might not) mean for health insurance exchanges, smaller providers and the insurance markets generally.