Insurance

  • April 28, 2017

    Contractor's Insurance Claims Were Precluded, NJ Panel Says

    A New Jersey appeals court on Friday affirmed that a contractor’s lawsuit seeking an insurer’s coverage in construction defect litigation was barred because the claims could have been brought in a previous lawsuit that freed the insurer from its duty to defend.

  • April 28, 2017

    Amway Seeks To Force Insurers To Cover Copyright Damages

    Health and beauty marketing firm Amway Inc.’s parent company slapped AIG subsidiaries with a suit in Michigan federal court Thursday in a bid to force the insurers to cover the company’s settlement of a copyright dispute with several of the world’s largest record companies.

  • April 28, 2017

    Hobby Lobby Moots Co.'s Contraception Rule Case: 7th Circ.

    The Seventh Circuit on Friday vacated an injunction blocking the Affordable Care Act’s pre-Hobby Lobby contraceptive mandate for for-profit employers, noting the grounds for such relief were mooted when Congress amended the ACA to shield religious beliefs after the high court ruled on the case.

  • April 28, 2017

    High Attack Risk Forces Firms To Weigh Ransomware Options

    The “lose-lose” position a Rhode Island firm found itself in last year — its computer systems held hostage by hackers, with no viable backup of client files in hand — illustrates the need for firms of all sizes to have a plan in place to respond quickly to a ransomware attack, experts said.

  • April 28, 2017

    Avis, Insurer End Suit Over $23.5M Crash Verdict Coverage

    Avis and ACE Insurance have mutually agreed to dismiss a lawsuit alleging the insurer has improperly refused to provide coverage in two personal injury actions, including one case in which a jury returned a $23.5 million verdict against the car rental company, according to a stipulation filed in New Jersey federal court on Thursday.

  • April 28, 2017

    Lexington Dodges $3M Sandy Coverage Due To Late Claim

    A Delaware Superior Court judge on Thursday found a New York property owner waited too long to file suit against Lexington Insurance Co. over coverage of $3.2 million in Superstorm Sandy damages.

  • April 28, 2017

    8th Circ. Won't Revive Marina Owner's Storm Coverage Bid

    The Eighth Circuit on Friday affirmed a lower court's ruling that Lloyd's of London underwriters don't have to cover an Arkansas marina's losses from the destruction of several docks during a 2011 storm, holding that the flood exclusion in the company's policy clearly bars coverage.

  • April 28, 2017

    Hunton & Williams Steers $375M New York Financing Deal

    Hunton & Williams LLP represented DTH Capital, which is partly owned by a subsidiary of AG Insurance, and Rose Associates in connection with their $375 million mezzanine loan and mortgage for a residential, hotel, restaurant and retail property in New York, according to an Thursday announcement from Hunton & Williams.

  • April 28, 2017

    Admiral Reaches Deal To Avoid Coverage In Med Mal Suit

    Admiral Insurance Co. has reached a quick settlement with a Florida medical center that it sued to avoid coverage of a medical malpractice lawsuit brought by the wife of a deceased patient, with the center agreeing that Admiral doesn’t have to defend or indemnify it in the underlying litigation.

  • April 28, 2017

    Anthem Loses Appeal In $54B Cigna Merger Case

    Anthem Inc. on Friday lost its bid to overturn a decision that blocked it from proceeding with its $54 billion merger with Cigna Corp., after a split D.C. Circuit panel was not convinced by the insurer’s argument that the transaction should go through because it would generate savings for customers.

  • April 27, 2017

    $9.6M Birth Injury Award Tossed Due To Lack Of ACA Info

    A California appeals court on Thursday tossed a jury's $9.57 million award to a boy who suffered a brain injury at birth for his future medical expenses, ruling the jury should have heard evidence about the benefits he could obtain under the Affordable Care Act and Medicaid.

  • April 27, 2017

    GAO Urges Overhaul Of Federal Flood Insurance Program

    Significant reforms will be necessary to reduce the federal government's exposure to losses under the National Flood Insurance Program, the U.S. Government Accountability Office said in a report released Thursday, recommending premium hikes and corresponding assistance programs, as well as measures to increase the number of private flood insurers.

  • April 27, 2017

    Christie Targets Horizon's Salaries In Health Reform Bill

    New Jersey Gov. Chris Christie took aim at Horizon Healthcare’s Medicaid arm Thursday in proposing legislation that would authorize the state to probe insurers’ potential breaches of obligation to subscribers, citing the “millions” the taxpayer-supported charity’s executives collect in compensation while others struggle to afford health care.

  • April 27, 2017

    NY Law Sinks RICO Claims In Appeal In Hedge Fund Suit

    A New Jersey appeals court on Thursday affirmed the dismissal of Racketeer Influenced and Corrupt Organizations claims in a lawsuit alleging a network of investment professionals forced an insurer’s financial ruin, finding that New York law, which doesn’t allow private civil RICO claims, applied because the alleged wrongdoing was concentrated in the Empire State.

  • April 27, 2017

    Insurer Denied Builder Defense In Bad Faith: Wash. Justices

    Washington state's high court ruled Thursday that ProBuilders Specialty Insurance Co. refused in bad faith to defend a builder against claims a homeowner was sickened by carbon monoxide released from an improperly installed water heater, holding that a pollution exclusion in ProBuilders' policy does not erase coverage.

  • April 27, 2017

    ACA Watch: Health Groups Balk At Revamped Repeal Bill

    Major health care groups are bringing out the knives as the Trump administration and House Republicans rejigger legislation to largely repeal and replace the Affordable Care Act, saying newly announced changes do not strengthen the bill and may actually weaken it.

  • April 27, 2017

    Insurer Sues 2nd Insurer Over Spoiled Pizza Hut Brownies

    A casualty insurer has sued another insurer in New York federal court to recover a portion of $1 million it paid to cover a brownie baker’s product contamination losses after two incidents where Pizza Hut customers reported foreign objects in their food, saying the other insurer has paid nothing to date.

  • April 27, 2017

    Pakistani Restaurant Owner Admits To Immigration, Tax Fraud

    A Pakistani national who runs a chain of Boston-area restaurants pled guilty in Massachusetts federal court Wednesday to tax and insurance fraud at his 11 eateries, also admitting that he had committed visa and immigration fraud in an unlawful bid to remain in the United States.

  • April 27, 2017

    Lexington Wins Right To Arbitrate Exxon Coverage Fight

    A Texas appellate court Thursday sided with Lexington Insurance Co. in its coverage dispute with Exxon Mobil Corp. over whether an umbrella policy provided Exxon coverage stemming from a deadly April 2013 fire at its Beaumont refinery, holding that an agreement between the parties calls for the claims to be arbitrated.

  • April 27, 2017

    Calif. Senate Committee OKs Single-Payer Health Care Plan

    A committee of California senators on Wednesday took the state one step closer toward enacting universal health coverage with an affirmative vote for the Healthy California Act, a sweeping proposal to provide health care to all California residents with a publicly run plan.

Expert Analysis

  • CMS Final Rule Does Not Answer Insurers' Biggest Questions

    Jeremy Earl

    The Centers for Medicare and Medicaid Services recently released a final rule intended to stabilize exchange markets for 2018. However, the rule does not resolve ongoing uncertainty regarding cost-sharing reduction funding, among other concerns, and this uncertainty will likely overshadow any stabilizing effects, say attorneys with McDermott Will & Emery LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Defining An Occurrence For Sexual Abuse Cases

    Katharine Thompson

    In Diocese v. Duluth, the Bankruptcy Court for the District Court of Minnesota ruled last month that each instance of sexual abuse counted as a separate trigger of insurance coverage. This decision clashes with a recent decision made by a Pennsylvania court, indicating that courts across the country will continue to grapple with trigger and number of occurrence issues related to sexual abuse, says Katharine Thompson of Gordon Rees ... (continued)

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Calif. Insurance Regulation Defies Trump’s America

    Nathaniel Braun

    As California finds itself at odds with the Trump administration, the state is actively working to cement its regulatory framework over hot-button issues that will have knock-on impacts on the insurance industry. Gov. Jerry Brown will likely seek to strengthen the state's regulatory power, and the California courts have recently decided two major cases in favor of the Department of Insurance, says Nathaniel Braun of Selman Breitman LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

    Icon

    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline

    Hertling_Richard_Covington.jpg

    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.