Insurance

  • July 14, 2017

    Del. Court Won't Disturb TIAA Class Action Coverage Verdict

    A Delaware judge has left intact a verdict that placed two insurers on the hook for retirement services giant TIAA's costs to defend against and settle a pair of class actions alleging intentional and costly fund-transfer delays, and that found a TIAA excess insurer did not receive proper notice.

  • July 14, 2017

    Bankers Push Trump For New Market Access In China

    A group of influential bankers, insurers and other financial service providers began exerting pressure on the Trump administration to pry open China’s market to foreign capital Thursday, saying that a looming bilateral summit is the perfect forum to improve their access to Beijing.

  • July 14, 2017

    Atty Gets 5-Year Retroactive Suspension For Bribing Judge

    The Pennsylvania Supreme Court on Thursday issued a retroactive five-year suspension Thursday to an attorney who admitted to allowing a Luzerne County judge to use his vacation home in exchange for appointing a particular arbitrator in an insurance dispute.

  • July 13, 2017

    ACA Endgame In Sight As GOP Focuses On Conservatives

    The latest tweaks to Affordable Care Act repeal legislation show that Republicans are mainly focused on placating conservatives and have seemingly given up on crafting a bill that avoids large declines in health insurance coverage, experts say.

  • July 13, 2017

    Fla. Justices Keep Personal Injury Payor From Med Mal Suit

    A woman ordered to pay $11 million to a man she injured in a traffic accident can’t intervene in his subsequent medical malpractice suit after the Florida Supreme Court ruled Thursday that losing parties in personal injury cases can’t seek reduced liability without first paying what they owe.

  • July 13, 2017

    Policy Doesn't Cover $11M Cyberattack, 11th Circ. Told

    Great American Insurance Co. told the Eleventh Circuit on Thursday that a lower court properly held that the company need not cover $11.4 million in fraud losses suffered by a prepaid debit card processor because its policy's computer fraud coverage was not triggered.

  • July 13, 2017

    FDIC Rips Insurer's Bid To Escape Puerto Rico Bank Dispute

    The Federal Deposit Insurance Corp. and the directors of a failed Puerto Rico bank it is suing over alleged bad loans came together to blast the bank's insurer for its attempt to escape coverage for the suit, saying the insurer is trying to pass off dozens of separate loans as a single prior act.

  • July 13, 2017

    Arbitrators Must Weigh In On Power Plant Bond Beef: 9th Circ.

    The Ninth Circuit has concluded that arbitrators must determine whether Portland General Electric Co. has to arbitrate its dispute over two sureties’ alleged breach of a performance bond issued in connection with an Oregon power plant construction project, relying on an International Chamber of Commerce arbitration clause in a performance guaranty with PGE’s parent company.

  • July 13, 2017

    EU Court Adviser Sides With German Drugmaker In VAT Fight

    German drugmakers may be able to include price rebates while calculating value-added tax on sales to private health insurers, just as they can for public health insurance funds, after a European Court of Justice adviser opined that a private health insurance fund is part of the supply chain in the sale of medicinal products.

  • July 13, 2017

    Keep Dickstein Malpractice Suit In State Court, 9th Circ. Told

    A bid for Lloyd's of London to cover a $64 million malpractice judgment against a former Dickstein Shapiro LLP attorney belongs in California state court, the company tapped to pursue the award told the Ninth Circuit on Wednesday, arguing insurance policies requiring arbitration are no longer part of the case.

  • July 13, 2017

    Insurer Must Defend Condo Damage Suit, 7th Circ. Affirms

    The Seventh Circuit on Thursday upheld a lower court's ruling that Westfield Insurance Co. must defend several developers and contractors that worked on a Chicago condominium building in construction defect litigation, concluding that the underlying suit alleges an accidental "occurrence" triggering Westfield's policies.

  • July 13, 2017

    Insurers Beats Shipyard Sandblasting Coverage Suit

    A Louisiana federal court Wednesday found two of the insurers involved in a tangle of suits over coverage for injuries allegedly caused by careless sandblasting in a Louisiana shipyard don’t have to defend the shipyard, and let a third insurer out entirely on subject-matter jurisdiction grounds.

  • July 13, 2017

    Deals Rumor Mill: KKR, Manulife Financial, JBS

    KKR could pay more than $2 billion for a medical transportation business, Manulife Financial plans to list or spin off its Boston life insurance business, and the biggest creditors of JBS are nearing an agreement to refinance around $5.5 billion worth of the Brazilian meatpacking giant's loans.

  • July 13, 2017

    Pa. Judge OKs Allstate Appeal In Medical Exam Suit

    A Pennsylvania federal judge agreed Wednesday to allow Allstate Insurance Co. to immediately appeal a decision greenlighting claims in a putative class action challenging a policy provision that allegedly requires auto policyholders to undergo physical examination by insurer-chosen doctors to get medical benefits.

  • July 13, 2017

    7th Circ. Won't Rehear Hospital's $300M Antitrust Suit

    A panel of Seventh Circuit judges has refused to rethink its June ruling not to revive an Illinois-based hospital's $300 million antitrust suit against competitor Saint Francis Medical Center.

  • July 13, 2017

    Yanlord JV Drops Up To $1.33B On Singapore Property Firms

    A venture led by Yanlord Land Group Ltd. and Perennial Real Estate Holdings Ltd. is buying United Engineers Ltd. and a stake in its holding company in a deal the parties pegged at SG$1.83 billion ($1.33 billion).

  • July 12, 2017

    9th Circ. Asked To Uphold Pigeon Poop Deal Coverage Ruling

    The owners of a California apartment complex and the property manager's insurer on Wednesday urged the Ninth Circuit to affirm a lower court's decision that they don't have to reimburse California Capital Insurance Co. for the settlement of a $1.9 million lawsuit filed by a tenant who developed a disease from pigeon-dropping dust.

  • July 12, 2017

    Ace Doesn't Owe For Pipeline Explosion, Calif. Court Says

    A California appeals court handed a win to Ace American Insurance Co. on Tuesday over another insurance provider, ruling that an exclusion in its coverage for "professional services" meant it did not owe millions to reimburse payouts for lawsuits stemming from a deadly Kinder Morgan pipeline explosion.

  • July 12, 2017

    Insurer Ordered To Defend Firefighter Hearing Loss Suits

    A Pennsylvania state judge has ruled that policies issued by Admiral Insurance Co. obligated it to defend a Wisconsin-based fire engine manufacturer as it faces a string of nearly 500 lawsuits from fire department personnel alleging hearing loss from exposure to sirens.

  • July 12, 2017

    Calif. Medi-Cal Offers Discriminatory Access, Suit Says

    Health care and civil rights advocacy groups filed a putative class action Wednesday claiming California’s Medi-Cal system discriminates against millions of low-income residents, the majority of whom are Latinos, by using a low reimbursement rate that creates unequal access to medical care.

Expert Analysis

  • NY's Limiting Requirements To Policy Wording Are Unjust

    Matthew Jacobs

    Last month, New York's highest court limited a government contractor's ability to obtain insurance coverage as an "additional insured" under a subcontractor's policy. The practical result of Burlington v. NYC Transit could be an unintended and unjustified limitation on the coverage available to additional insureds in New York, say Matthew Jacobs and Harrison Stark of Jenner & Block LLP.

  • Rising Ransomware Threats And Their Insurance Solutions

    Robert Chesler

    Even if law firms acquire the most effective security software against rising threats like ransomware, no system is guaranteed to be secure and human error is always an issue. A tailored cyberpolicy is the most effective tool for addressing the financial, operational and reputational consequences of a ransomware attack, says Robert Chesler of Anderson Kill PC.

  • Expectations After Pa. High Court Workers' Comp Ruling

    Karyn Dobroskey Rienzi

    The Pennsylvania Supreme Court’s recent decision in Protz v. WCAB eliminates the impairment rating evaluation from Pennsylvania workers’ compensation law. The ruling will affect employers, workers’ compensation insurance carriers, and third-party administrators, as well as all cases in which claimants underwent IRE determinations, says Karyn Dobroskey Rienzi of Post & Schell PC.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Should Florida Hospitals Halt Peer Review?

    Dominic MacKenzie

    Despite the seemingly endless controversy surrounding discovery of certain records associated with peer review activities, health care providers in Florida must remain mindful that their obligation to perform good-faith peer review remains staunchly in place, says Dominic MacKenzie of Holland & Knight LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • Health Care Winners And Losers From The Better Care Act

    Kevin Rinker

    It's difficult to predict the potential impact of the Better Care Act, but health insurers, medical device manufacturers, hospitals, physician groups and the pharmaceutical industry are all likely to be impacted, say attorneys with Debevoise & Plimpton LLP.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.