Insurance

  • 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.

  • June 25, 2020

    Pandemic Can't Save Unconstitutional ACA, High Court Hears

    Democrats are making irrelevant points about the coronavirus pandemic driving up demand for health care to make the U.S. Supreme Court squeamish about a constitutional challenge to the Affordable Care Act, Republican state attorneys general told the high court on Thursday.

  • June 25, 2020

    7th Circ. Tosses Insurance Claims Over $50M Pollution Award

    The Seventh Circuit on Thursday upheld a lower court's decision that Westfield Insurance Co. doesn't have to pay a $50 million default judgment in a pollution suit because its insured, a recycling facility, never sought coverage, agreeing that policy also excludes "known claims" and "expected injuries."

  • June 25, 2020

    Ex-Goldberg Segalla Atty Suspended For Unapproved Deals

    The Pennsylvania Supreme Court on Thursday approved a three-year suspension for a former Goldberg Segalla partner who approved several million dollars worth of settlements on behalf of Knight Insurance Group without telling the carrier.

  • June 25, 2020

    Chubb Aims To Ax Target's Data Breach Coverage Claim

    Chubb Ltd. urged a Minnesota federal court to rule that it does not have to cover Target Corp.'s losses stemming from bank settlements over a 2013 data breach, arguing that the hack did not cause a "loss of use" for the store customer's credit cards.

  • June 25, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's has been ordered to give its workers more virus protections, airlines are seeking to escape claims that they owe refunds to passengers for canceled flights, and minor league baseball teams are among the latest to say they were wrongfully denied insurance coverage for coronavirus-related losses. 

  • June 25, 2020

    Travelers Not Required To Defend Alleged Ambulance Chaser

    Travelers is not obligated to defend or indemnify a law firm in an underlying putative class action where the firm faces allegations that it unlawfully obtained vehicle collision records as part of identifying new clients, a North Carolina federal judge has determined.

  • June 25, 2020

    Insurer Didn't Have Proof To End Driller's Premium Dispute

    A trial court prematurely ended a dispute over premiums an engineering and drilling rig company allegedly owes to Twin City Fire Insurance Co., a Texas appellate court ruled Thursday.

  • June 25, 2020

    Penn National Must Face Fraud Suit Over Premium Increases

    A New Jersey federal judge on Thursday said Penn National Mutual Casualty Insurance Co. can't walk away from a real estate developer's suit alleging it secretly used a particular formula to increase his premiums over several years, reasoning such purported misconduct fell under the New Jersey Consumer Fraud Act.

  • June 25, 2020

    Ex-Comcast Worker Says COBRA Notice Included Threats

    Comcast was hit with a proposed class action Thursday from a former employee accusing the company of sending ex-workers COBRA notices designed to scare them away from choosing to continue their health care coverage under the federal benefits law.

  • June 24, 2020

    Paper Cutter Sues Insurer Over Unpaid $2.5M Flood Claim

    A Pennsylvania paper cutting company accused an Atlanta-based insurer of breaching a contract by failing to cover flood damage surpassing $2.5 million to one of the company's buildings, according to a complaint filed Wednesday in Pennsylvania federal court.

  • June 24, 2020

    Dems Unveil ACA Booster Bill, Rip GOP's High Court Case

    House Democrats unveiled legislation Wednesday to boost major sections of the Affordable Care Act and fiercely contrasted their vision with President Donald Trump's effort to nullify the entire ACA at the U.S. Supreme Court during the coronavirus pandemic.

  • June 24, 2020

    Acuity Must Defend Pharma Co. In Opioid Liability Suits

    An Ohio appeals court on Wednesday ruled that Acuity must defend prescription drug wholesaler Masters Pharmaceutical inc. in a slew of suits accusing it of contributing to the opioid abuse epidemic in several states by failing to report or reject suspicious orders, reversing a lower court's order.

  • June 24, 2020

    House Dems Pushing Bill To Expand ACA's Tax Credits

    House Democrats plan to vote next week to expand the Affordable Care Act's premium tax credits and roll back coverage changes imposed by the White House on the landmark health care law, House Speaker Nancy Pelosi, D-Calif., said Wednesday.

  • June 24, 2020

    Anytime Fitness Franchisee Sues Insurer For COVID-19 Costs

    An Anytime Fitness franchisee that operates gyms in Mississippi and Alabama sued Markel Insurance Co. in Illinois federal court Wednesday, claiming the insurer wrongly denied coverage for business interruptions related to the coronavirus pandemic.

  • June 24, 2020

    Regeneron Paid Kickbacks To Boost Eye Drug, Feds Say

    Federal prosecutors in Massachusetts accused New York pharmaceutical company Regeneron Pharmaceuticals on Wednesday of paying tens of millions of dollars in illegal kickbacks through a foundation to get doctors to prescribe its injectable eye disease drug.

  • June 24, 2020

    Ga. Health Care Network Inks $2.6M Deal To End FCA Suit

    Augusta University Medical Center Inc. reached a $2.6 million settlement with the U.S. Department of Justice on Wednesday to resolve a False Claims Act suit claiming the teaching hospital network submitted claims to Medicare and Medicaid for unnecessary procedures.

  • June 24, 2020

    State Farm Faces Suit By Chiropractor Over 'Virus Exclusion'

    A Michigan chiropractor has hit State Farm Mutual Automobile Insurance Co. with a proposed class action alleging it wrongfully applied a "virus exclusion" to deny revenue loss claims from COVID-19-related state-ordered closures, arguing the exclusion was unrelated to its loss.

  • June 24, 2020

    Philly Restaurant Group Sues Insurer For Virus Coverage

    Philadelphia's Marathon restaurant group is demanding that State Auto Insurance cover loss-of-business and cleanup costs stemming from the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

  • June 24, 2020

    How Trump's Judges Are Handling Abortion Rights And ACA

    President Donald Trump's most prominent judicial picks are on the cusp of casting pivotal votes in colossal cases over reproductive rights and the Affordable Care Act. But many of his judges have already joined important rulings against abortion and the ACA, possibly presaging what's ahead for the politically charged areas of health care litigation.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 23, 2020

    DC Judge Upholds Trump's Hospital Price Transparency Rule

    A D.C. federal judge on Tuesday upheld the Trump administration's so-called price transparency rule requiring hospitals to disclose health care service prices that have largely been kept secret, rejecting claims that the new disclosure requirements violate hospitals' constitutional rights.

Expert Analysis

  • How Insurers Can Prepare For Hurricanes During A Pandemic

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    Insurance companies will face unique challenges if a major hurricane strikes before the conclusion of the pandemic, so they should prepare for the possibility of depleted resources and socially distant claims investigations, say attorneys at Zelle.

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • PPP Loans Create 2 Issues For Virus Biz Interruption Claims

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    Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Entertainment Cos. May Not Be Insured For Pandemics

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    With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • Wash. ERISA Ruling Paves Way For Access To Health Benefits

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    A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

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