Insurance

  • June 16, 2020

    Alaska Pays Up To End Trans Librarian's Health Coverage Suit

    An Alaska state worker who claimed her health insurance plan's refusal to cover gender transition-related surgery violated federal anti-discrimination law has agreed to settle her suit for $70,000.

  • June 16, 2020

    Ocwen Tells 7th Circ. Zurich Owes Coverage In TCPA Suit

    Ocwen Loan Servicing LLC has urged the Seventh Circuit to reverse an Illinois federal judge's ruling that Zurich American Insurance Co. has no duty to defend it in a suit that accuses the company of causing a debtor harm when it invaded her privacy with repeated calls to her cellphone and home telephone.

  • June 15, 2020

    High Court Ruling Aids Trans Workers' Fight For Health Care

    The U.S. Supreme Court's Monday ruling that Title VII of the Civil Rights Act bans discrimination against LGBTQ people strengthens the argument that employee health plans must cover treatments for transgender workers, such as hormone-replacement therapy and gender-transition surgery.

  • June 15, 2020

    Insurer Says COVID-19 Loss Claims Void If Eateries Are Open

    Society Insurance urged a Wisconsin federal judge to toss a proposed class action suit accusing it of wrongfully denying coverage for COVID-19-caused losses for bars and restaurants, arguing Monday that the businesses are still open for takeout and never lost access to their locations.

  • June 15, 2020

    Trans Professor's Title VII Benefits Suit Gets Class Cert.

    A transgender University of Arizona professor's suit claiming the state's employee health care plan unlawfully denies gender confirmation-related surgeries will move forward as a class action, after an Arizona federal judge adopted recommendations for certification Monday.

  • June 15, 2020

    Attys Score Fraction Of Fees Sought In USAA Bad Faith Trial

    An Oregon federal judge has ruled that lawyers who helped a driver win claims in a two-phase trial against her insurer will be paid only $179,000 for the second phase, or a quarter of the $715,000 they'd requested.

  • June 15, 2020

    Centene Settles Hep C Class Suit

    A Florida federal judge has approved a settlement ending a class action by hepatitis C patients who said health insurance company Centene denied them coverage of drugs that cure the liver disease.

  • June 15, 2020

    John Crane's Primary Insurance Not Exhausted, Ill. Court Says

    An Illinois appellate panel on Friday agreed with a lower court that John Crane Inc. has not shown that it has exhausted its primary policy layers, denying it access to excess insurance coverage for tens of thousands of underlying asbestos suits.

  • June 15, 2020

    Insurance Broker Tries To Duck Restaurant's COVID Loss Suit

    Insurance broker Swingle Collins & Associates has urged a Texas federal judge to excuse it from a suit accusing it of misrepresentation in a COVID-19-related business loss dispute, saying a Dallas restaurant group failed to allege any wrongdoing on its part.

  • June 15, 2020

    Insurers Sue Yacht Owner To Block US Suit Over Damages

    A group of Lloyd's underwriters have sued a yacht owner in London to stop its lawsuit against a marine surveyor over $6.3 million in repair damages from proceeding in America, saying the vessel owner agreed to settle any claims in the U.K.

  • June 15, 2020

    Hines Venture Lands $182M MetLife Loan For Calif. Complex

    A Hines joint venture has landed $182 million in financing from MetLife for a four-building office campus in Irvine, California, according to an announcement Monday from borrower-side broker JLL.

  • June 12, 2020

    Trump Admin Guts Transgender Heath Care Protections

    The Trump administration on Friday finalized a rule tossing civil rights protections for transgender patients against discrimination by doctors and health insurance companies from the Affordable Care Act, a move that has been vigorously challenged since it was first proposed.

  • June 12, 2020

    NY's Top Financial Regulator Talks Relief, Recovery And More

    As superintendent of New York's Department of Financial Services, Linda Lacewell has spent the past three months working to limit economic fallout from the nation's worst coronavirus outbreak. Now with the tricky process of reopening underway, Lacewell spoke with Law360 about the response and what else is on her agenda.

  • June 12, 2020

    Actress Sues Lloyd's For Wildfire Coverage Under $9M Policy

    Emmy Award winner Tracey Bregman is suing Lloyd's of London in California Superior Court, accusing it of underpaying benefits from a $9 million policy after her Malibu, California, house was destroyed by a wildfire in 2018.

  • June 12, 2020

    Italian Insurer Generali Pays $257M To End BSI Arbitration

    The Italian insurance company Generali said Thursday that it will pay 245 million Swiss francs ($257.2 million) to resolve arbitration relating to its $1.57 billion sale of Swiss private bank BSI to the Brazilian investment bank BTG Pactual.

  • June 12, 2020

    Safeway Escapes Whistleblower's Drug Price Suit

    An Illinois federal judge on Friday tossed whistleblower claims that Safeway overbilled federal and state health care programs for prescription drugs, saying that when the programs were established no authoritative guidance warned the grocery chain away from "what was an objectively reasonable position."

  • June 12, 2020

    CVS-Only HIV Drugs Deny Meaningful Access, 9th Circ. Told

    A proposed class of Amtrak, Lowe's Cos. and Warner Media employees with HIV and AIDS urged the Ninth Circuit in a video hearing on Friday to revive claims that their health plans discriminate by providing medications solely through CVS Health Corp., which only provides mail and drop box delivery.

  • June 12, 2020

    Travelers Sues Qatar Airways Over $81M Cargo Damage

    Travelers Property Casualty Co. has slapped Qatar Airways with a suit in Texas federal court seeking more than half a million dollars in reimbursement for over $81 million in cargo losses it covered for Alcon Laboratories Inc.

  • June 12, 2020

    Pa. Eatery Argues COVID-19 Insurance Exclusions Are Invalid

    A Pennsylvania restaurant seeking insurance coverage for losses caused by the COVID-19 pandemic argued to a federal court in a proposed class action that the "virus exclusion" in many policies is invalid because the insurance industry allegedly misrepresented the exclusion to state regulators nearly 15 years ago.

  • June 12, 2020

    Texas Insurance Co. Beats Contractor's Whistleblower Case

    An insurance company founded by a prominent Texas family has beaten a family member's claims that he was kicked off its advisory board for bringing up ethical concerns, after a Texas federal judge found he wasn't protected by the Sarbanes-Oxley Act's retaliation provision as a contractor.

  • June 12, 2020

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

    The past week in London has seen Indian lenders reignite their bankruptcy dispute against a beer tycoon facing fraud charges overseas, a woman fight fraud findings made against her in a Financial Conduct Authority case, and Glencore target a Serbian oil company. Here, Law360 looks at those and other new claims in the U.K.

  • June 11, 2020

    PBMs Fight To Put Oklahoma Drug Reimbursement Law On Ice

    The Pharmaceutical Care Management Association has blasted the Oklahoma Insurance Department's push to enforce a statute regulating pharmacy benefit managers, urging a federal judge to block the law while the trade group's legal challenge to it unfolds.

  • June 11, 2020

    Atty Suspended For Spamming Court With Scores Of Suits

    The Florida Supreme Court has suspended a Miami attorney, who has filed thousands of suits against insurers, after the state bar accused him of filing duplicitous suits to maximize attorney fees, repeatedly delaying litigation and litigating in bad faith in courts throughout the state.

  • June 11, 2020

    American Airlines Dodges Travel Insurance Kickback Suit

    A Texas federal judge on Thursday tossed a proposed class suit accusing American Airlines Inc. of taking illegal kickbacks from Allianz Global Assistance on trip insurance sales, ruling that the customer who sued failed to allege an injury and denying his request to move the case back to Florida.

  • June 11, 2020

    MetLife's $84M Deal To End Life Insurance Suit Hits Snag

    A New York federal judge on Thursday declined to give an initial green light to an $84 million deal to settle class action claims MetLife Inc. misled investors by underreporting life insurance death benefit liabilities, but said the investors can ask again if they fix a class notice.

Expert Analysis

  • 6 Lessons On Jury Advocacy In The Wake Of A Crisis

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    Cases tried during earlier times of disaster and tragedy — including the beginning of the Gulf War, Hurricane Sandy, and the 9/11 attacks — teach us that attorneys must not exaggerate the degree to which juror decisions will be affected by the COVID-19 pandemic, say Francis Morrison and John Tanski at Axinn.

  • Protecting Privilege When Communicating With Contractors

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    Courts continue to define where information shared with independent contractors and specialists fits for purposes of the attorney-client privilege, and recent decisions show that jurisdictions vary in their application of the third-party waiver exception, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Opinion

    It's Time To End Mental Illness Bias In Disability Insurance

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    Congress and state legislators must expand mental health parity laws to afford disability insurance the same discrimination protections lawmakers have fought for in the health insurance arena, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    States Must Act To Cut Auto Insurance Rates During COVID-19

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    Auto insurers are experiencing a massive windfall due to fewer accidents during the pandemic, without returning a fair portion of those gains to consumers, so state regulators should use their authority to right this wrong, say law professors Da Lin and Daniel Schwarcz.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

  • Top Employer Return-To-Work Considerations: Part 3

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    Employers should capitalize on lessons learned from the pandemic to establish policies for remote work, employment contracts, safety and employee benefits that will be helpful in navigating future emergencies, say attorneys at Eversheds Sutherland.

  • Measuring Losses For COVID-19 Business Interruption Claims

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    While much of the analysis concerning COVID-19 business interruption insurance has focused on whether insurers should provide coverage, another important question is how much insurers should pay — hinging on competing interpretations and specific factual predicates, says attorney Martin Bienstock.

  • What High Court's ACA Ruling Means For Health Insurers

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    The U.S. Supreme Court's holding in Maine Community Health Options v. U.S. that the federal government must pay approximately $12 billion under the risk corridors program of the Affordable Care Act is a win for insurers, but companies will face additional questions as they endeavor to collect risk corridors payments, say attorneys at Ropes & Gray.

  • COVID-19 Insurance Class Actions Face Certification Hurdles

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    The unique circumstances of insurance coverage disputes usually prevent them from consolidating, and COVID-19 business interruption class actions are likely to face additional obstacles due to the differences in various state and city shelter-in-place orders, say attorneys at Troutman Sanders.

  • What All Attorneys Can Learn From Female Rainmakers

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    Soon lawyers may find an unrecognizable competitive landscape in which most firms will be vulnerable — if they don't rapidly start upgrading their client development tactics to ones like those used by female rainmakers, says marketing consultant Craig Levinson, who recently interviewed Jennifer Trock, Desiree Moore and Debra Fischer about their secrets to success.

  • Top Employer Return-To-Work Considerations: Part 2

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    As shelter-in-place orders expire and employees return to work, companies will need to address benefits issues, including mid-year changes to cafeteria plan elections, Affordable Care Act implications and retirement plan concerns, say attorneys at Eversheds Sutherland.

  • How An M&A Tool Can Benefit Bankruptcy Sales

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    As bankruptcy filings grow in the wake of the pandemic, debtors and insurers are about to discover that representations and warranties insurance — long used in mergers and acquisitions — can also be beneficial for all parties involved in distressed asset sales, say attorneys at Seyfarth.

  • Why COVID-19 Insurance Suits Should Not Be Consolidated

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    Although policyholders are aiming to merge their COVID-19 business interruption disputes into class actions based on a shared broad question of coverage, that question is best answered through the facts, policy provisions and state law raised by each individual case, says Adam Fleischer at BatesCarey.

  • Opinion

    Congress Must Help In Community Nonprofit Insurance Crisis

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    As we cope with a national health emergency, small to midsize 501(c)(3) nonprofits are facing severe impact from the rising cost of property and casualty insurance, and Congress can fix the problem, say leaders at Bouchard Insurance, Heffernan Insurance, ABD Insurance, Marsh & McLennan, Brown & Brown and Gallagher.

  • 2 Cases Show Int'l Orgs Should Brush Up On Venue Defenses

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    Matos Rodriguez v. Pan American Health Organization and Francisco S. v. Aetna demonstrate that international organizations facing increased litigation in the U.S. may look to the Foreign Sovereign Immunities Act for procedural protections, say Tiana Bey and Sofia Castillo at Mitchell Silberberg.

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