Insurance

  • June 29, 2020

    Visa Seekers Rip Trump's Bid To Duck Insurance Rule Row

    Visa applicants slammed the Trump administration's move to toss a challenge to a proclamation targeting uninsured green card seekers, telling an Oregon federal judge that the government's dismissal bid simply rehashes old arguments that haven't previously held up.

  • June 29, 2020

    NJ Justice Backs City's Insurer In Workers Comp Payout Fight

    The New Jersey Supreme Court on Monday bolstered Star Insurance Co.'s bid to recover $936,000 it shelled out for an injured Asbury Park firefighter's workers compensation claim, rejecting the city's argument that it should be allowed to recoup the $400,000 deductible it paid toward the claim before the insurer can recover anything.

  • June 29, 2020

    CrossFit Rival And Insurer Must Wait For Coverage Ruling

    A California federal judge on Monday denied dueling bids for summary judgment by National Strength and Conditioning Association and its insurer, National Casualty Co., in a suit over coverage of NSCA's false ad fight with CrossFit, saying she can't resolve the issue until there's a final judgment on the sanctions that spurred the suit in the first place.

  • June 29, 2020

    Claw Machine Maker Can't Tell Jury Device Wasn't Defective

    A Nevada federal judge ruled Monday that the maker of a claw machine in a Las Vegas arcade can't tell a federal jury that the machine wasn't defective when it electrocuted a maintenance manager, saying the maker has admitted that the machine "was altered."

  • June 29, 2020

    House Passes Dems' ACA Booster Bill Despite Veto Threat

    The U.S. House of Representatives voted largely along party lines Monday to approve a Democratic bill that would bolster the Affordable Care Act by making more Americans eligible for health insurance subsidies and pushing holdout states to expand Medicaid.

  • June 29, 2020

    House OKs ACA Tax Credit Expansion Under Veto Threat

    The U.S. House passed legislation Monday that would expand eligibility for the Affordable Care Act's health insurance premium tax credits, but Senate Republicans are unlikely to pass the bill, which the White House has threatened to veto.

  • June 29, 2020

    Roofing Co. Can Take Nationwide To Arbitration

    A Texas appellate court on Friday said a trial court abused its discretion when it denied a roofing company's bid for arbitration in a suit filed by Nationwide Mutual Insurance Co. over fire damage to a policyholder's building.

  • June 29, 2020

    UK Supreme Court Will Hear Chubb Russia Fire Suit Appeal

    The U.K. Supreme Court is set to hear an expedited appeal late next month against an English appellate court's ruling that reversed a decision allowing insurer Chubb to continue a $400 million suit in Moscow over a power plant fire. 

  • June 29, 2020

    Feds Say Atty Exploited Rural Hospitals To Cover $1.4B Fraud

    A Florida attorney and nine other people were charged with a $1.4 billion scheme to bill insurers artificially high rates for drug tests by claiming the tests were run by rural hospitals in Florida, Georgia and Missouri, according to a federal indictment made public on Monday.

  • June 29, 2020

    FCC Limits Definition Of Autodialer

    The Federal Communications Commission has narrowed its definition of an "autodialer," stating that systems requiring the manual dialing of numbers are not autodialers and are not subject to the Telephone Consumer Protection Act's restrictions.

  • June 29, 2020

    9th Circ. Gives Dad Another Shot At Union Benefits Plan Suit

    The Ninth Circuit has revived a father's bid to get a treatment for his son's rare medical condition covered by an entertainment industry union health plan, telling a lower court to provide more clarity on certain Anthem Inc. subsidiaries' roles in the decision to deny benefits.

  • June 29, 2020

    May It Please The Camera: Zoom Trials Demand New Skills

    As masses of legal work shift online, trial lawyers are turning on their webcams and realizing their old courtroom skills are no longer enough. But recent remote proceedings are already showing that online trials can actually work — with the right considerations.

  • June 29, 2020

    Allstate Says 'Suckers List' Suit Misses The Mark

    The Allstate Corp. is asking a Texas federal court to throw out a proposed class action claiming it put customers on a "suckers list" and charged long-term policy holders higher rates than newer ones, saying it's a nonoperating holding company that has nothing to do with insurance business.

  • June 26, 2020

    Pfizer Says HHS Is Blocking Patient Access To Heart Drugs

    Pfizer Inc. sued the U.S. Department of Health and Human Services on Friday for blocking it from providing financial assistance to Medicare beneficiaries, claiming the agency's incorrect interpretation of two laws prevents many patients from accessing pricey medication for a fatal heart condition.

  • June 26, 2020

    9 States With COVID-19 Biz Immunity, And 3 That May Follow

    Amid pending efforts to enact legislation at the federal level that would shield businesses from COVID-19 infection suits, at least nine states have taken it upon themselves to pass their own such laws or enact executive orders, while lawmakers in at least three others are contemplating such changes.

  • June 26, 2020

    8th Circ. Says State Farm Can't Dodge $34M Verdict Over Fees

    The Eighth Circuit on Friday upheld a $34 million jury verdict against State Farm in a class action alleging the insurer jacked up fees on life insurance policies, finding the contracts tightly limited what factors could be used to calculate the rates.

  • June 26, 2020

    Atlanta Hospital Co. To Pay $16M To End Overbilling Suit

    Atlanta hospital system Piedmont Healthcare Inc. will pay $16 million to quash whistleblower allegations that it overbilled the government by "tens of millions" for unnecessary patient care and initiated kickback schemes to increase profits, the U.S. Department of Justice has announced.

  • June 26, 2020

    Court Urged Not To Ax Underpayment Suits Against Cigna

    A behavioral health patient's mother and a group of health providers have urged a California federal court not to toss their proposed class actions claiming a Cigna unit colluded with a cost-containment middleman to underpay for out-of-network mental health and addiction care.

  • June 26, 2020

    Texas Justices End Air Ambulance Co.'s Insurance Fee Fight

    The Texas Supreme Court on Friday reinstated a decision in favor of Texas Mutual Insurance Co. in a dispute over reimbursements with an air ambulance company, finding that the state's workers' compensation reimbursement schedule is not preempted by federal law because it regulates the "business of insurance," not air carriers.

  • June 26, 2020

    Gartner Sues Insurer Over $340M Event Cancellation Coverage

    Global research firm Gartner Inc. sued U.S Specialty Insurance Co. in New York federal court, seeking up to $340 million in coverage from canceled events because of COVID-19, alleging the insurer breached its policy terms by avoiding paying for its loss.

  • June 26, 2020

    Insys Founder Says 4th Circ. Ruling Aids New Trial Bid

    Convicted Insys Therapeutics Inc. founder John Kapoor told the First Circuit Thursday that the new trial ordered by the Fourth Circuit for a West Virginia doctor in an opioid case supports his own appeal because the jury may have been swayed by dramatic, but irrelevant, patient testimony.

  • June 26, 2020

    Home Health Care Nonprofit To Pay $57M In Record FCA Deal

    Visiting Nurse Service of New York reached a $57 million deal to resolve a whistleblower's False Claims Act suit alleging the largest not-for-profit home health care agency in the United States defrauded the government by billing for services it never provided and disregarding patients' formal treatment plan.

  • June 26, 2020

    Debevoise's Dinallo On Pandemic Reinsurance, Biz Aid Plans

    Debevoise & Plimpton LLP partner Eric Dinallo spoke with Law360 about how the COVID-19 crisis has impacted the insurance industry and spawned proposals for a government-backed reinsurance program for pandemic coverage and a federal fund to help businesses defray losses resulting from future pandemics.

  • June 26, 2020

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

    The past week in London has seen drugmaker Novartis sue rival generics manufacturer Mylan, pharmaceutical wholesalers apply to revive claims against PwC over tax treatment of employees, and Bank of America sue an Italian region beset by securities claims. Here, Law360 looks at those and other new claims in the U.K.

  • June 26, 2020

    Swiss Helvetia Seals €800M Deal To Buy Spanish Insurer

    Swiss insurer Helvetia said Friday it has concluded a deal to buy a majority share of a Spanish rival for approximately €800 million ($900 million) in a move to expand its presence in Europe as a "second pillar" of the group outside Switzerland.

Expert Analysis

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Opinion

    COVID-19 Insurance Disputes Need Creative Solutions

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    For businesses that need funds now to survive COVID-19's impact on the economy, litigation over insurance coverage is too slow and inconsistent, but shared responsibility for losses among policyholders, insurers and the federal government could provide alternate solutions, says John Bickerman at Bickerman Dispute Resolution.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Property Coverage For Riot-Related Claims Is Not Automatic

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    Property damage claims related to recent civil unrest are not categorically covered, but require careful consideration of insurance policy language, claim-specific facts under controlling law and any applicable exclusions, such as vacancy, insurrection or terrorism laws, that may preclude or limit coverage, say attorneys at Hinshaw & Culbertson.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • New Cases Bring Lessons On Video Surveillance Preservation

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    Court decisions from the last few months suggest that failure to preserve or produce surveillance video does not automatically result in a negative inference or other sanction, but there are practice pointers that can be distilled, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Transactional Tax Risks In Renewable Energy Investment

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    Adverse holdings in the recent federal court cases Bishop Hill, California Ridge and Alta Wind have left the renewable energy industry with many unanswered questions about how to structure tax equity transactions to secure step-ups in tax basis, says Jordan Tamchin at CAC Specialty.

  • China's Relaxed Financial Sector May Aid Foreign Investors

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    Liza Mark and Han Liang at Haynes and Boone explore the Chinese government's recent laws and regulations relaxing restrictions on foreign ownership, which could provide greater market access and investment opportunities to foreign players.

  • Okla. Ruling Highlights Nuances In Drafting Service Contracts

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    The Oklahoma Supreme Court's holding that an intended service contract was actually an insurance contract in Sparks v. Old Republic provides a few key takeaways for how agreements can be distinguished as warranties, service contracts or insurance, say Brian Casey and Jon Gillum at Locke Lord.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

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