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Insurance

  • June 5, 2019

    LabCorp Reveals 7.7M Consumers Affected By Data Breach

    An estimated 7.7 million LabCorp customers may have had personal data exposed by a data breach at a third-party billing collections firm, the same firm involved in a huge records breach last week, the medical testing provider said in a regulatory filing.

  • June 5, 2019

    Insys To Pay $225M To End DOJ's Opioid Scheme Probe

    Insys Therapeutics has agreed to a $225 million global settlement to end criminal and civil investigations by the federal government tied to allegations the pharmaceutical company bribed doctors to prescribe a powerful and addictive opioid spray, the U.S. Department of Justice said Wednesday.

  • June 5, 2019

    Deal To End $367M White Eagle Lender Fight Gets Court Nod

    A Delaware bankruptcy judge approved a settlement Wednesday between life insurance investment firm White Eagle Asset Portfolio LP and its secured lender that will end a fight over $367 million in prepetition debt and allow the Chapter 11 case to move toward confirmation.

  • June 5, 2019

    College's Delay Sinks Lead Cleanup Claim, Calif. Justices Told

    A California private college's failure to promptly notify its insurance carrier of a lead cleanup claim should foreclose coverage under New York's strict late-notice rule, the insurer has told California's high court, saying the college accepted the application of the Empire State's law in its policy and can't backtrack now.

  • June 5, 2019

    Ex-NFL Player Can't Overturn Disability Denial, 11th Circ. Told

    The NFL hit back on Wednesday against former defensive lineman Darren Mickell’s bid to overturn a district court decision denying him total and permanent disability benefits, telling the Eleventh Circuit that the lower court’s ruling was reasonable because seven doctors found Mickell wasn’t completely disabled.

  • June 5, 2019

    Shackelford Snags 7 Ex-Winstead Attys For Houston Launch

    Shackelford Bowen McKinley & Norton LLP has opened a new office in Houston, its fifth in Texas, and hired away seven insurance-focused attorneys from Winstead PC to launch the new venture.

  • June 5, 2019

    Mexico Trip Can't Undo $2M FMLA Verdict, Mass. Court Rules

    Massachusetts’ top court affirmed a $2 million judgment on behalf of an employee fired by a public authority, agreeing with a jury Wednesday that he was wrongly terminated and did not violate the Family and Medical Leave Act by taking a trip to Mexico while on leave.

  • June 5, 2019

    DC Circ. Urged To Save Rule Expanding ACA-Skirting Plans

    Agencies in Oklahoma and Montana have thrown their support behind the Trump administration's attempt at the D.C. Circuit to revive its association health plan rule, which had relaxed the requirements for small businesses to band together to create health care plans that skirt certain Affordable Care Act requirements.

  • June 5, 2019

    Ex-Health Co. Execs Want Out Of Roche Test Strip Fraud Suit

    Former leaders of a bankrupt health care services company want to escape a suit by two Roche units claiming the executives fraudulently caused Roche to pay out $87 million in rebates for not-for-retail glucose testing strips that were sold through pharmacies.

  • June 4, 2019

    'Should I Limit Myself?' CVS-Aetna Merger Judge Asks

    The D.C. federal judge reviewing the U.S. Department of Justice deal clearing the CVS-Aetna merger on Tuesday still appeared to be grappling with how broad the scope of his first-of-its-kind evidentiary proceeding should be.

  • June 4, 2019

    Nationwide Must Face In-House Atty's Disability Bias Claim

    An in-house trial attorney at Nationwide Mutual Insurance Co. who had parts of each leg amputated may have been discriminated against in his firing, an Illinois federal judge said Monday.

  • June 4, 2019

    Historic Greenbrier Resort's Suit Against Insurers Fails

    A West Virginia federal judge has tossed the landmark Greenbrier resort's suit against dozens of insurers claiming they failed to honor a $600 million insurance policy after a catastrophic flood, ruling it has done nothing to prosecute its case since filing its complaint.

  • June 4, 2019

    Stranger-Funded Life Policies Are Invalid, NJ Justices Say

    Ruling in a dispute between Wells Fargo Bank NA and Sun Life Assurance Co. of Canada, New Jersey's high court found Tuesday that so-called "stranger-originated" life insurance policies procured for the benefit of investors not connected to the insured are void under the state's law.

  • June 4, 2019

    Pa. Judge Lets Highmark In On Hearing To Extend UPMC Deal

    Highmark will get to testify next week when the Pennsylvania attorney general and the University of Pittsburgh Medical Center square off over the state's ability to extend the deal keeping Highmark and UPMC together after a state appellate judge denied UPMC's motion to exclude the insurer from the hearing Tuesday.

  • June 4, 2019

    DOI Escapes Insurer's $20M Tribal Loan Guarantee Suit

    An Ohio federal judge has gutted litigation accusing the U.S. Department of the Interior and several officials of improperly rejecting an insurer's $20 million claim for losses under a tribal company's guaranteed loan, upholding only a contract allegation against the agency secretary.

  • June 4, 2019

    Magnetek Says Travelers Must Defend It In PCB Suits

    Magnetek Inc. said Travelers Indemnity Co. can't rid itself of its obligation to defend it in a slew of lawsuits over Monsanto Co.'s production of polychlorinated biphenyls, or PCBs, arguing the past settlement agreements it cites don't let the insurer off the hook.

  • June 4, 2019

    Filing Flub Dooms Planned Genworth Rate Hike, Court Rules

    Genworth Life Insurance Co. did not follow the proper protocol when it attempted to secure approval for a proposed rate hike for long-term care insurance, a Massachusetts Appeals Court panel ruled Monday, affirming a lower court ruling in favor of the state commissioner of insurance.

  • June 3, 2019

    Late Notice Rule Takes Spotlight At Calif. High Court

    The California Supreme Court is poised to hear arguments Tuesday over whether the Golden State's policyholder-friendly late notice rule can override insurance provisions that require other states’ laws to apply to coverage disputes, a case that could affect a broad swath of policies written by out-of-state carriers for California companies. 

  • June 3, 2019

    UnitedHealthcare Wants Fla. Class Action Moved To Mass.

    A Miami attorney's proposed class action against UnitedHealthcare over cancer treatment coverage, which made the rounds of the Southern District of Florida when several judges passed on it due to possible conflicts, could be on the move again as the insurer argued Monday for transfer to Massachusetts.

  • June 3, 2019

    UnitedHealth Asks Justices To Hear Offsetting Method Fight

    UnitedHealth Group Inc. wants the U.S. Supreme Court to review an Eighth Circuit ruling that plan documents don't allow the insurer to offset overpayments to providers across health plans, saying there is an important circuit split the justices should tackle.

  • June 3, 2019

    Insurers Can’t Beat La. Hotel Subcontractors' $2M Claims

    Two insurers lost their bid to dismiss suits in Louisiana federal court accusing them of wrongfully denying $2.1 million in claims after water damage set back a project to rehabilitate a downtown New Orleans hotel.

  • June 3, 2019

    Quest Diagnostics Says Breach Hit 11.9 Million Patients

    About 11.9 million Quest Diagnostics patients had their Social Security numbers, banking information and medical data exposed in a recent data breach, the company said Monday.

  • June 3, 2019

    Collectibles Co. Fights Insurer Over Stanley Cup TM Defense

    A collectibles company accused by the National Hockey League of infringing trademarks for the Stanley Cup has told an Illinois federal court that its insurer can't limit coverage to a third of the defense fees by trying to shirk coverage for uninsured co-defendants.

  • June 3, 2019

    Proposed Classes Ask To Combine Janssen Antitrust Suits

    Four proposed classes suing Janssen Biotech for allegedly using sham patent litigation to keep a generic version of its prostate cancer drug off the market want a Virginia federal court to consolidate their suits so they can team up against the pharmaceutical giant.

  • June 3, 2019

    Highmark Wants Seat At Hearing Over Extending UPMC Deal

    Highmark Inc. told a Pennsylvania state court Monday that it is an integral part of a soon-to-expire three-way deal with the state keeping the insurer together with the University of Pittsburgh Medical Center, and it should get to participate in a hearing next week over the state attorney general's effort to keep that relationship going.

Expert Analysis

  • Opinion

    Plan Sponsors Should Beware Hidden Costs From PBMs

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    To combat pharmacy benefit managers' price-gouging practices, states and plan sponsors should take control of the request for proposal process and demand radical transparency from PBMs, say Dae Lee and Jonathan Levitt of Frier Levitt.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • New Insights On Applying Daubert At Class Certification

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    In Cole’s Wexford Hotel v. Highmark, a Pennsylvania federal court recently wrestled with the practical aspects of implementing the so-called Daubert standard for expert testimony at the class certification stage. There are three important takeaways from the court's holding, says William DeVinney of BakerHostetler.

  • Copyright Registration Ruling Creates Insurance Risks

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    The U.S. Supreme Court's decision in Fourth Estate v. Wallstreet.com will slow down copyright infringement lawsuits, making it more important for policyholders and insurers to identify potential suits early on, says Elizabeth Retersdorf of Day Pitney.

  • Delaware 'Books And Records' Law Is Keeping Up With Tech

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    While some have suggested that the Delaware Supreme Court's decision in KT4 v. Palantir reaffirms existing case law on books and records requests, the more accurate takeaway is that Delaware law is evolving alongside companies' increasing usage of electronic communications, say Larry Wood Jr. and Adam Orlacchio of Blank Rome.

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 2

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    The American Bar Association’s antitrust meeting last week covered important merger issues, including international merger control, vertical merger enforcement and concentrated common ownership, say attorneys with Perkins Coie.

  • What To Do While Waiting For Cadillac Tax To Hit The Road

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    Despite growing bipartisan momentum to repeal the Affordable Care Act’s “Cadillac tax” provision, employers must consider the impact it would have on their current benefits structure and maintain flexibility to change benefit offerings or pass along costs once it is implemented, says Stephanie Vasconcellos of Mayer Brown.

  • Climate Change And Insurance: Learn From MTBE, Asbestos

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    While climate change litigation is a relatively nascent development, liability insurers have historically faced emerging risks like claims arising from methyl tertiary butyl ether and asbestos. Climate change suits will likely present similar issues, say Kristin Suga Heres and Jeffrey Gordon of Zelle LLP.

  • Demystifying Damages: 5 Flagrant Fouls Of Financial Experts

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    From unrealistic profit projections to discount rate delusions, financial experts offering testimony on damage awards sometimes go out of bounds. It's important to understand the five flagrant fouls frequently committed by financial experts in the courtroom, say Joseph Galanti and Michelle Gettinger of Grant Thornton.

  • Where Trade Secret Preemption Meets Insurance Coverage

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    There is a continuing judicial divide over the application of Uniform Trade Secrets Act preemption to non-trade secret information, and these court rulings can affect an insurer's ability to invoke a policy's trade secret exclusion, say Jay Bogan and Allen Garrett of Kilpatrick Townsend & Stockton LLP.

  • Opinion

    'Medicare For All' Is Not The Path To Universal Health Care

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    "Medicare for All" would be a difficult method of lowering health care costs, but several proposed bills pending in Congress — and perhaps some lessons from Germany's system — can help make universal health care a reality, says Ed Eichhorn of Medilink Consulting Group LLC.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Proving Coverage For Natural Resource Damage Claims In NJ

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    In the last year, claims for natural resource damage in New Jersey have increased. General liability insurance policies may cover these claims, if policyholders can show that both the damage and their insurance policies existed before 1986, say Robert Chesler and Nicholas Insua of Anderson Kill PC.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

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