• June 26, 2017

    BREAKING: ACA Repeal Means 22M More Uninsured, CBO Says

    The U.S. Senate’s legislation to dismantle much of the Affordable Care Act would leave an extra 22 million Americans without health insurance over the next decade, the Congressional Budget Office estimated Monday.

  • June 26, 2017

    Insurers Aim To Exit Cummins-Allison IP Theft Row Coverage

    A pair of insurers have filed suit in Pennsylvania state court looking to avoid providing coverage to Cummins-Allison Corp. over claims that it misappropriated trade secrets from a rival as the two parties collaborated to develop new coin-counting technology.

  • June 26, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Matthew Berry

    Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.

  • June 26, 2017

    Justices To Hear Baker's Fight Over Gay Couple's Cake

    The U.S. Supreme Court on Monday said it will decide whether a Christian baker’s refusal to make a cake for a same-sex couple’s wedding violates Colorado’s anti-discrimination law or is protected under the First Amendment.

  • June 23, 2017

    4th Circ. Rules NFL Retirement Plan Wrongly Denied Benefits

    The Fourth Circuit on Friday sided with former NFL linebacker Jesse Solomon, who is seeking higher disability benefits from the league's retirement plan for cognitive impairments resulting from head injuries, finding that the plan ignored evidence of when the player became disabled.

  • June 23, 2017

    Counterclaims In Suit Over Cleanup Settlement Can Stay

    A California federal judge declined to toss two bad-faith counterclaims against Travelers Property Casualty Co. in its suit over a policyholder's settlement of a pipe rupture lawsuit without consulting the insurer, saying Friday both claims have been properly pled.

  • June 23, 2017

    Texas Justices To Hear Hospital's Insurance Discovery Row

    The Texas Supreme Court on Friday decided to hear oral arguments in a dispute between North Cypress Medical Center Operating Co. Ltd. and an uninsured patient in which the hospital is seeking reversal of a trial court's order requiring it to disclose insurance reimbursement rates.

  • June 23, 2017

    Mass. High Court Ruling May Swell Insureds' Litigation Costs

    The Massachusetts high court's ruling Thursday that an insurer's duty to defend doesn't include an obligation to prosecute a client's counterclaims could increase litigation costs for policyholders by forcing them to hire separate attorneys to manage a case's defensive and offensive strategies, attorneys say.

  • June 23, 2017

    8th Circ. Asked To Rethink Overdue Insurance Claim Suit

    A Minnesota-based food wholesaler urged the full Eighth Circuit on Friday to rethink its ruling that it waited too long to file an insurance claim to cover a former salesperson's suit over $250,000 in allegedly unpaid commissions.

  • June 23, 2017

    Anthem Inks Record $115M Deal Over Massive Data Breach

    Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.

  • June 23, 2017

    Dialysis Co. Says United Is Dragging Its Feet On Discovery

    American Renal Associates LLC asked a Florida federal court Thursday to order UnitedHealthcare Inc. to immediately produce documents requested months ago in a suit accusing ARA of improperly profiting by pushing Medicare- and Medicaid-eligible patients to commercial health plans.

  • June 23, 2017

    Exxon Not Liable For Lost Profits On Canceled Propane Deal

    A Fifth Circuit panel on Thursday agreed with Exxon Mobil that it did not owe damages to an insurance company stemming from losses the insurer had to cover when Exxon halted a propane contract because of a fire at a plant, deciding that the contract’s provisions specifically forbid recovery.

  • June 22, 2017

    Inside Trader Must Shell Out $1.6M For Role In Sanofi Fraud

    A Georgia federal judge ordered an insurance broker who made $500,000 from a tip about a Sanofi-Aventis SA acquisition to pay $1.6 million in disgorgement and penalties on Thursday, saying his “greed was overwhelming” but did not justify the maximum penalty of triple his profits.

  • June 22, 2017

    Insurer Decries 'Shenanigans' In Lloyd's Arbitration Bid

    A U.S. insurer asked a Massachusetts federal judge on Wednesday not to force it to accept an umpire proposed by certain underwriters at Lloyd's, London, in arbitration aimed at resolving a dispute over the allocation of an underlying pollution claim, decrying "shenanigans" in the appointment process.

  • June 22, 2017

    5 Key Takeaways From Senate's ACA Repeal Bill

    The U.S. Senate's legislation to repeal much of the Affordable Care Act encountered substantial criticism on Thursday, with conservatives branding it too modest and experts warning that it might destabilize insurance markets. Here are five key takeaways from the newly unveiled bill.

  • June 22, 2017

    Brazilian Reinsurer Must Cough Up $5M, Insurer Says

    The National Indemnity Co. doubled down on its bid for $5 million from a Brazilian reinsurer so it can pay a settlement it reached with a steel maker in a related dispute, telling a New York federal court Wednesday the reinsurer is obligated to pay it under an arbitration award.

  • June 22, 2017

    Feds Say Travelers Owes $2.4M For Texas A&M Buildings

    The U.S. filed suit in Texas federal court Thursday against Travelers Casualty and Surety Co. of America on behalf of HCBeck Ltd., a contractor that's seeking to collect $2.4 million for unpaid work on two biomedical research facilities.

  • June 22, 2017

    Insurer Ordered To Pay MF Global Almost $1M In Attys' Fees

    A New York bankruptcy judge found Thursday that former MF Global excess insurer Allied World Assurance Co. Ltd. owes the defunct company $926,000 in attorneys' fees over Allied’s failure to get court permission before filing an action to arbitrate a contract dispute in Bermuda.

  • June 22, 2017

    Goya Insurer Slaps Spice Co. With NJ Suit Over Food Recall

    An insurer for Goya Foods Inc. has sued a spice company in New Jersey state court for allegedly providing one of the food giant’s suppliers with cumin contaminated with peanut protein, which ultimately led to food products being recalled and $2.6 million in damage.

  • June 22, 2017

    Hospital Can Tap Coverage For Hep C Suits, NH Justices Say

    A New Hampshire hospital doesn't have to pay deductibles to access coverage under a Steadfast Insurance Co. policy for lawsuits over a hepatitis C outbreak caused by a former medical technician's misconduct, the state high court ruled Thursday, finding that the policy is ambiguous and must be construed in the hospital's favor.

Expert Analysis

  • Policyholders Must Assess Outside Counsel Guidelines

    John Scordo

    Insurers will often attempt to restrict the activities and fees of defense attorneys through the use of outside counsel guidelines. Such guidelines are not unilaterally binding and, if improperly applied, can raise the possibility of ethical violations if attorneys adhere to the restrictions in the guidelines against their better professional judgment, says John Scordo of K&L Gates.

  • Why Actuarial Equivalence Matters For Medicare Advantage

    Ursula Taylor

    The requirement of actuarial equivalence presents interesting implications for Medicare Advantage organizations, the Centers for Medicare and Medicaid Services and other stakeholders keen on ensuring the fairness and equity of the Medicare Advantage payment process, given the propensity for error in identifying and reporting diagnosis coding, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why The Corrosion Exclusion Remains Strong: Part 2

    Philip Silverberg

    The Second Circuit's decision in Lantheus v. Zurich last year represents a strong rebuke of the narrow definition of "corrosion" advanced by some in the insurance industry. Also reinforced is the principle that anti-concurrent causation language means exactly what it says, say attorneys with Mound Cotton Wollan & Greengrass LLP in the final part of this article.

  • Calif. Does Not Bar Defense Coverage For 'Willful Acts'

    Darren Teshima

    Although California Insurance Code Section 533 prohibits insurers from indemnifying policyholders for their intentional misconduct, insureds should carefully review applicable policies to see if policy language creates at least a reasonable expectation for defense coverage, say Darren Teshima and Harry Moren of Orrick Herrington & Sutcliffe LLP.

  • Why The Corrosion Exclusion Remains Strong: Part 1

    Philip Silverberg

    Policyholders and their counsel often see a coverage declination under a corrosion exclusion as an invitation to argue that some other cause was responsible for a loss even when corrosion plays a central role. However, many courts have rejected such attempts to read a corrosion exclusion out of its policy, say attorneys with Mound Cotton Wollan & Greengrass LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • A Resurgence Of Synthetic Securitizations

    Daniel Budofsky

    After a major market contraction in the wake of the financial crisis, risk-pooling transactions show signs of gaining favor once more, says Daniel Budofsky of Pillsbury Winthrop Shaw Pittman LLP.

  • 7th Circ. Hospital Ruling Provides Exclusive-Dealing Lessons

    Steven Cernak

    Antitrust courts will take a close look at a series of exclusive agreements entered into by a company with an arguably high market share. However, as shown by the district court and Seventh Circuit decisions in the recent Illinois hospitals case, the evaluation will look beyond the words in the agreement to analyze their effect, if any, on competition and the competitive process, says Steven Cernak of Schiff Hardin LLP.

  • Tax Deductibility And Statutory Damages — A Waiting Trap

    Peter Robbins

    Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.