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  • September 7, 2018

    Allstate Hit With Another Suit Over Underwriting Practices

    A pension fund hit The Allstate Corp. with a new investor suit in Illinois federal court Thursday for allegedly concealing that its lowered underwriting standards was the reason for a spike in auto insurance claims.

  • September 7, 2018

    Glassmaker Says Insurer Flubbed Tornado Policy

    An architectural and automotive glassmaker alleged in New York federal court that its insurer failed to give proper notice on a policy change and its broker failed to catch the change, telling the court it should be compensated $60 million to $100 million for tornado damage.

  • September 7, 2018

    1st Circ. Revives Suit Over Harvard Pilgrim's ERISA Denial

    The First Circuit has revived a young woman’s suit accusing Harvard Pilgrim Health Care of wrongly denying her coverage for residential mental health treatment, holding that the lower court erred by not considering documents that had been submitted in a post-complaint benefits review when reaching its decision.

  • September 7, 2018

    New York Life Unit Lends $75M For Manhattan Office Tower

    A subsidiary of New York Life Insurance Co. has provided $75 million in financing to a joint venture of Fisher Brothers and Sungate Park Avenue Trust for an office property in Manhattan, according to an announcement from New York Life on Friday.

  • September 7, 2018

    UnitedHealth Wins Challenge To Medicare Overpayment Rule

    A D.C. federal judge on Friday rejected the federal government’s view of when Medicare Advantage insurers have been overpaid, vindicating a UnitedHealth Group Inc. effort to boost industry profits and reduce potential False Claims Act liability.

  • September 6, 2018

    Suit Over Coverage For Bee Kill-Off To Move Forward

    A California federal judge refused to grant multiple insurers a win Wednesday in a suit over coverage for underlying litigation against a commercial farm that killed off bee colonies it had used for pollination, saying there were factual disputes that make the applicability of two exclusions an open question.

  • September 6, 2018

    Lloyd's Insurers Seek To Nix Carlyle's $400M Oil Loss Claim

    Lloyd’s of London underwriters asked a New York court on Thursday to rule that they have no obligation to pay Carlyle Group affiliates’ claim for nearly $400 million in crude oil they lost when a Moroccan oil refinery known as SAMIR was seized in 2015, asserting that Carlyle’s failure to provide timely notice of the losses forecloses coverage.

  • September 6, 2018

    Lloyd’s, BMS Sued Over Hurricane Coverage In Virgin Islands

    A Virgin Islands property owner has sued Lloyd’s of London underwriters and another insurance carrier, claiming the insurers first ignored its damage claims after Hurricane Irma struck the islands, then failed to properly inspect and assess damages when they did send adjusters after Hurricane Maria.

  • September 6, 2018

    Hartford Says $1.2M Degree Claims Not 'Property Damage'

    Hartford Casualty Insurance Co. told a Missouri appeals court Thursday that it owes no coverage for a $1.2 million trial win in favor of nursing students who claimed they paid $25,000 each for a degree program and didn't receive a degree, saying at an oral argument the students' claims don't count as “property damage” under the policy.

  • September 6, 2018

    NuWave Denied Defense Of W.Va.'s Deceptive Marketing Suit

    A Cincinnati Insurance Co. unit doesn’t have to cover NuWave LLC’s costs to defend the state of West Virginia’s lawsuit alleging the cookware company engaged in deceptive and coercive marketing tactics, an Illinois federal judge ruled Wednesday, finding that the underlying action doesn’t allege any potentially covered claims for privacy violations.

  • September 6, 2018

    F-Squared Trustee Can't Reap $7.7M Legal Insurance Payout

    A Massachusetts federal judge said Wednesday the bankruptcy trustee for F-Squared Investments Inc. can't claim a $7.7 million insurance payout for the legal fees it spent during the investigation that helped bring it down, saying the probe started before the policies kicked in.

  • September 5, 2018

    5th Circ. Won't Extend Deadline For Adjuster Negligence Suit

    The Fifth Circuit has declined to apply a special Texas rule extending the deadline for filing legal malpractice claims to a homeowner’s suit, which alleged a public insurance adjuster botched her claim for coverage for Hurricane Ike damage, saying the rule does not apply to insurance adjusters. 

  • September 5, 2018

    Fla. Ruling Could 'Nix' Homeowner Assignments Of Benefits

    In a decision that lawyers say could have a significant impact on long-standing insurance practices in Florida, a state appeals court Wednesday ruled that homeowners' insurance policies may require signatures of all insureds and mortgagees to validate an assignment of claim benefits to a third party.

  • September 5, 2018

    Rite Aid Can't Escape Calif. Whistleblower's FCA Suit

    A California federal judge allowed most claims to proceed in a whistleblower's lawsuit accusing Rite Aid of knowingly submitting false prescription reimbursement claims to the state, finding Wednesday that California has sufficiently pled that the pharmacy giant failed to oversee employees tasked with keeping those records.

  • September 5, 2018

    ERISA Doesn't Bump Providers' State Law Suit, 9th Circ. Says

    The Employee Retirement Income Security Act doesn’t preclude a proposed class of psychotherapists from alleging in state court that a health insurance company’s screening criteria for mental health care coverage flouted Washington law, the Ninth Circuit ruled Tuesday while reversing a lower court’s ruling.

  • September 5, 2018

    Ice Miller Welcomes Ex-Robinson Brog Partner In New York

    Ice Miller LLP announced Thursday it has added a former Robinson Brog Leinwand Greene Genovese & Gluck PC partner to its litigation group in New York City.

  • September 5, 2018

    Texas Judge Promises Quick Decision On ACA's Fate

    A Texas federal judge said Wednesday that he'll soon issue a ruling on whether the Affordable Care Act will sink or swim, after a hearing in which 20 Republican-led states argued the ACA's individual mandate doesn't pass constitutional muster and the entire law should be struck down.

  • September 5, 2018

    Solera Pursues $51M Coverage For Del. Appraisal Action

    Solera Holdings Inc. has sued its directors and officers insurance carriers in Delaware state court, saying the insurers have wrongfully refused to help cover either the $13 million the company spent defending stockholders’ challenge to its $6.5 billion buyout by Vista Equity Partners LP or the $38 million in interest it was ordered to pay following a judge’s appraisal ruling.

  • September 5, 2018

    ERISA Claims Against UnitedHealthcare Faulty, Judge Says

    A Texas federal magistrate judge stopped short of recommending that a suit saying UnitedHealthcare Insurance Co. owes labs millions of dollars for testing be thrown out, but said the labs haven’t shown they have standing to bring Employee Retirement Income Security Act claims.

  • September 5, 2018

    ACA Cost-Sharing Payments Mandatory, Claims Court Rules

    The federal government owes a nonprofit health insurance cooperative $5.3 million in Affordable Care Act cost-sharing reduction payments, the Court of Federal Claims has ruled, finding that the payments are mandatory under the ACA despite Congress failing to appropriate specific funding.

Expert Analysis

  • Why Ohio Nixed The New Liability Insurance Law Restatement

    Kim Marrkand

    On July 30, Ohio Governor John Kasich took the unprecedented step of signing into law an amendment that specifically rejects the American Law Institute's Restatement of the Law, Liability Insurance. Red flags about the ALI's over-reaching have been waving for years, and the only question is what state will follow suit next, says Kim Marrkand of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Favoring Coverage For Business Email Compromise Losses

    Jan Larson

    As insureds and insurers continue to litigate over coverage for fraudulently induced monetary transfers, two recent decisions from the Second and Sixth Circuits have favored insureds. However, this sector of law is still developing and insureds should pay close attention to pending cases like Principle v. Ironshore in the Eleventh Circuit, say Jan Larson and Raymond Simmons of Jenner & Block LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Insurance Can Mitigate Costs Of Government Investigations

    Annette Ebright

    If companies take the proper steps before and after being subjected to government investigations, their insurance policies may serve as a reliable hedge against the financial consequences. However, these policies have their limitations, say Annette Ebright and Daniel Peterson of Parker Poe Adams & Bernstein LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Jobs Act 3.0 May End Dodd-Frank Repeal Efforts

    Lai King Lam

    If Jobs Act 3.0 is signed into law, it will reflect the GOP’s pivot away from the wholesale repeal of Dodd-Frank and its embrace of a piecemeal strategy to chip away at the 2010 law. Though capital formation is the headliner of Jobs Act 3.0, this bill does contain a few Dodd-Frank reform measures that have been overlooked in most news coverage but are worth highlighting, says Lai King Lam of McGuireWoods Consulting LLC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Liability Insurance Policies May Cover PAGA Lawsuits

    Shaun Crosner

    Although some employment practices liability and directors and officers liability insurers might not acknowledge it readily, California employers may be entitled to broad coverage for Private Attorneys General Act lawsuits — including a defense and indemnity for PAGA settlements and judgments, says Shaun Crosner of Pasich LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.