Insurance

  • August 19, 2015

    Allstate's PIP Policy 'Unclear,' Fla. Appeals Court Says

    A Florida state appellate court revived health care providers' 32 consolidated cases alleging Allstate Insurance Co. wrongfully limited its reimbursements under Medicare fee schedules for personal injury protection claims, with the majority saying in a split opinion that the insurer's policy is "inherently unclear."

  • August 19, 2015

    NY Appellate Court Upholds ACA's $120M Goldman Fraud Suit

    Following the New York high court’s May decision reviving ACA Financial Guaranty Corp.'s $120 million fraud suit against Goldman Sachs Group Inc. over the Abacus transaction, a state appellate court kept the case alive Tuesday by ruling that ACA adequately pled its case.

  • August 19, 2015

    5th Circ Revives Hotel's Counterclaims In Coverage Suit

    The Fifth Circuit on Tuesday revived claims by a hotel operator who accused Century Surety Co. of bad faith for attempting to dodge coverage of an incident where a young boy drank chemicals left in a hotel laundry room.

  • August 18, 2015

    Pittsburgh Corning Ch. 11 Puts Insurers In Bind, 3rd Circ. Told

    A battle over the Chapter 11 plan in Pittsburgh Corning Corp.'s 15-year bankruptcy stemming from asbestos claims waged on with dueling briefs in the Third Circuit on Monday, as two Everest Re Group Ltd. carriers argued they have standing to oppose the plan because it would force them to sue to get critical information. 

  • August 18, 2015

    Geico Sues Medical Providers Over $5.7M In False Claims

    Geico is suing several allegedly fraudulent medical companies and their owners over more than $5.74 million in paid and pending claims for medical and physical therapy services provided to car accident victims in New York.

  • August 18, 2015

    Ala. Can't Dictate Reliance Claim Status, Pa. Justices Say

    The Pennsylvania Supreme Court affirmed Monday that the liquidating trustee for Reliance Insurance Co. was not bound by any Alabama high court ruling when determining the priority that should be given to a claim filed against the insurer by the Alabama Insurance Guaranty Association.

  • August 18, 2015

    Insurer Needn't Defend Payroll Fraud Claims, 9th Circ. Says

    The Ninth Circuit on Tuesday affirmed that Scottsdale Insurance Co. had no duty to defend former directors of a payroll services company in a suit alleging they stole a client's funds, finding that the insurer was within its rights to deny coverage based on the relevant policy's professional services exclusion.

  • August 18, 2015

    Former R-G Premier Brass Lose Bid To Tap Excess Coverage

    Former directors and officers of Puerto Rico's R-G Premier Bank can't yet access coverage under an XL Specialty Insurance Co. excess policy for the defense of a Federal Deposit Insurance Corp. suit alleging they helped precipitate the bank's failure, as the limits of another XL policy haven't been exhausted, a federal judge ruled Tuesday.

  • August 18, 2015

    4th Circ. Revives FDIC's Claims Against Failed Bank's Execs

    The Fourth Circuit on Tuesday revived Federal Deposit Insurance Corp.’s allegations that officers at a North Carolina community bank drove it into the ground with risky business decisions, finding that they may not have signed off on dozens of bad loans in good faith.

  • August 18, 2015

    Tax Court Calls Annuity Withdrawal Income Despite Loss

    The U.S. Tax Court on Tuesday said a New Jersey attorney realized taxable income when he made an early withdrawal from a variable annuity contract and there is no reason to take into account earlier losses.

  • August 18, 2015

    Aetna Gives DOJ More Time To Look Into Humana Merger

    Aetna Inc. will give the U.S. Department of Justice more time to review whether its proposed $37 billion acquisition of Humana Inc. violates antitrust laws by refiling its premerger notification, according to a regulatory form filed on Monday.

  • August 18, 2015

    Landlord Owed Defense In Bias Row, Ohio High Court Says

    Auto-Owners Insurance Co. had a duty to defend a landlord in a housing discrimination suit under an umbrella policy, the Ohio Supreme Court affirmed Tuesday, holding that the policy's intentional acts exclusion doesn't apply to bar coverage.

  • August 18, 2015

    Homeowners Seek Cert. In Suit Over Window Defects

    Homeowners claiming their windows made by Kolbe & Kolbe Millwork Co. Inc. suffer design defects that cause them to rot asked a Wisconsin federal court to certify their class action on Monday, saying the manufacturer fudged ratings tests.

  • August 18, 2015

    Ga. Bank Not Covered For Ponzi Clawback Suit: 11th Circ.

    The Eleventh Circuit affirmed Tuesday that Federal Insurance Co. wasn’t obligated to defend a Georgia bank against clawback claims by the trustee for a bankrupt payroll processor that operated a Ponzi-like scheme, finding that money the bank spent to cover now-defunct Payroll America Inc.’s shortfalls wasn’t technically a loan.

  • August 17, 2015

    11th Circ. Partially Revives HIPAA Data Theft Coverage Suit

    The Eleventh Circuit on Monday revived Admiral Security Services' claims seeking coverage from two insurers for a suit over a security officer's alleged theft of laptops containing data protected by the Health Insurance Portability and Accountability Act, while affirming a finding that Carolina Casualty Insurance Co. had no duty to defend in the suit.

  • August 17, 2015

    Texas County Pays Attys' Fees To Gay Couple Denied License

    A Texas county has settled a federal suit alleging it violated the U.S. Constitution by denying a marriage license to a same-sex couple after the U.S. Supreme Court’s Obergefell v. Hodges ruling, plaintiffs’ attorneys said Monday.

  • August 17, 2015

    AIG Says Pimco's Calif. Suit Is Time-Barred Under IndyMac

    American International Group Inc. and Pacific Investment Management Co. LLC sparred Friday in New York federal court over the timeliness of Pimco’s California state suit claiming the insurer cost investors billions by concealing its exposure to subprime mortgages, with AIG insisting the suit is stale under a Second Circuit ruling.

  • August 17, 2015

    Atty Sanctioned But Not Removed For Menopause Comment

    An attorney who asked a female colleague if she was going through menopause during a deposition won’t be barred from representing plaintiffs in a case involving a 2009 Puerto Rico refinery explosion but faces lesser sanctions for his conduct, a federal judge ruled Monday.

  • August 17, 2015

    Lexington Shorted Racetrack On Sandy Coverage, Suit Says

    Lexington Insurance Co. wrongfully applied a flood deductible to limit coverage for losses that a Monmouth County, New Jersey, racetrack suffered due to Superstorm Sandy, the facility's operator and a New Jersey sporting agency alleged in an amended complaint filed in federal court Monday.

  • August 17, 2015

    Fidelity Can Move $10M Judgment Again And Again: 9th Circ.

    A registered decision reached in one district and later applied to another can in fact be registered in yet a third district, the Ninth Circuit ruled Monday, reversing a federal judge’s decision and siding with Fidelity National Financial Inc. in its pursuit of a $10 million fraud judgment.