More Insurance Coverage
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February 23, 2024
With Interest, Trump Now Owes $454M For NY Valuation Fraud
Donald Trump owes New York state nearly a half billion dollars after a county clerk on Friday tacked on $99 million in interest linked to a $355 million judgment in the state attorney general's civil fraud case against the former president last week.
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February 23, 2024
Taxation With Representation: Gibson Dunn, Wachtell
In this week's Taxation with Representation, two asset managers invest in AITi Global, Chord Energy Corp. buys Enerplus Corp. and Truist sells an insurance subsidiary to an investor group led by private equity firms.
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February 22, 2024
Stressful Atty Work Can Warrant Disability Pay, Judge Says
A Virginia federal judge held Wednesday that a cybersecurity attorney whose doctors advised that he stop working after heart surgery shouldn't have had his long-term disability benefits claim denied, ruling that a life insurance company ignored evidence that his job was highly stressful and that stress could be dangerous.
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February 22, 2024
Chancery Defers Settlement To Ponder Control Challenges
Hopes for a quick end to litigation between a Texas-based insurance provider and a stockholder who sued over disproportionate insider control slipped away at a hearing in Wilmington, Delaware, Thursday after the presiding judge demanded to know how related Chancery Court litigation might affect a proposed settlement.
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February 22, 2024
DOJ Reports $2.7B False Claims Act Haul In 2023
The U.S. Department of Justice on Thursday released its latest data on recoveries under the False Claims Act, saying there were nearly $2.7 billion in settlements and judgments in the 2023 fiscal year, an increase from the prior year's haul.
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February 22, 2024
Total Vision's Antitrust Suit Against VSP Kept Largely Intact
Total Vision can move forward with most antitrust claims accusing eye care insurance giant VSP of hamstringing it and trying to force an acquisition at a dramatically reduced price, after a California federal judge said VSP cannot summarily duck behind a deal signing away Total Vision's rights to sue.
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February 22, 2024
Vesttoo Liquidation Delayed For Closer Look At Creditor Deals
A Delaware bankruptcy judge on Thursday postponed deciding the fate of Israeli financial technology firm Vesttoo Ltd.'s liquidation plan until early next week to give the remaining objector to the proposal time to review settlements the debtor reached with prior challengers.
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February 22, 2024
Kaufman Dolowich Adds Partner In New Delaware Office
Kaufman Dolowich has added to its newly launched Delaware office the former co-managing partner of Weber Gallagher Simpson Stapleton Fires & Newby LLP's office in the First State.
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February 21, 2024
Del. Suit Accuses Healthcare Data Co. Exec Of Insider Trading
A stockholder launched a derivative lawsuit late Wednesday in Delaware's Court of Chancery, alleging the founder of a behavioral healthcare data firm traded company shares using insider information and that nearly a dozen current and former directors and officers provided false and misleading disclosures about the business.
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February 21, 2024
Pa. High Court Returns Insurer's Status Question To 3rd Circ.
The Pennsylvania Supreme Court reversed its decision to consider whether a state-created insurer of last resort is a public or private entity, sending the case back to the Third Circuit on Wednesday after determining that the question was a matter of federal law.
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February 21, 2024
Wyden Plans Clampdown On Private Placement Life Insurance
Senate Finance Committee Chairman Ron Wyden plans a legislative push to thwart abuse of private placement life insurance, according to a report he released Wednesday that called the arrangements a tax shelter worth at least $40 billion that benefits a small group of very wealthy people.
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February 21, 2024
Barnes & Thornburg Beats Ga. Malpractice Claim On Appeal
A Georgia state appeals court has upheld the dismissal of a legal malpractice claim brought by a trustee for a former Barnes & Thornburg LLP client, finding there was "no merit" to her arguments that the firm violated the standard of care and sunk the trust's insurance suit.
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February 21, 2024
Fla. Senate Panel OKs $900M Tax Plan With Insurance Tax Cut
Florida would offer exemptions for insurance taxes and reenact a series of sales tax holidays under a bill that a Senate committee approved offering $900 million in tax reductions.
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February 20, 2024
Judge Spikes Ebix Investors' Bid For Ch. 11 Equity Committee
A Texas bankruptcy judge declined Tuesday to take the rare step of ordering the appointment of an equity committee to act on behalf of a group of shareholders in Ebix Inc.'s Chapter 11 case, ruling that the investors will be adequately represented without one.
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February 20, 2024
Jury Says LSD Didn't Cause Quadriplegia; Insurer To Pay $1M
A North Carolina insurance company is on the hook for a $1 million settlement between a former high school gymnast who became a quadriplegic after taking LSD and the owners of the home where he ingested the drugs, a Houston federal jury ruled Tuesday.
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February 20, 2024
Cedars-Sinai Can't Escape Ex-Worker's Retirement Fee Suit
A California federal judge refused to toss a proposed class action against Cedars-Sinai Medical Center alleging mismanagement of an employee retirement plan, finding an ex-worker sufficiently backed up claims the California hospital system should have done more to lower fees and offer better investment choices to retirees.
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February 20, 2024
Insurer Says BlockFi Premium Suit Violates Ch. 11 Plan
A directors and officers insurance carrier for bankrupt cryptocurrency lender BlockFi is seeking to remove a lawsuit attempting to claw back $22.5 million in premiums from New Jersey state court to bankruptcy court, saying the debtor is violating the order confirming its Chapter 11 plan.
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February 20, 2024
McElroy Deutsch Litigator Jumps To Stevens & Lee In NJ
Stevens & Lee PC has picked up an insurance and ERISA disputes litigator in New Jersey from McElroy Deutsch Mulvaney & Carpenter LLP.
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February 20, 2024
No Coverage For Firm In Haiti Malpractice Suit, Insurer Says
An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.
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February 20, 2024
Truist Selling Insurance Brokerage At $15.5B Value
Truist Financial Corp. said Tuesday it has agreed to sell its remaining stake in subsidiary Truist Insurance Holdings to an investor group led by private equity firms Stone Point Capital and Clayton Dubilier & Rice, in an all-cash transaction that gives the insurance brokerage an enterprise value of $15.5 billion.
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February 20, 2024
Justices Won't Touch UBH Mental Health Coverage Case
The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.
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February 16, 2024
No Coverage For Conn. Firm's Malpractice Fight, Insurer Says
The law firm Evans & Lewis LLC and partner Douglas J. Lewis should lose a breach of contract suit against their malpractice carrier because they were already in the early stages of battling a professional misconduct claim when the relevant policy went into effect, the insurer told the Connecticut Superior Court in seeking summary judgment.
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February 16, 2024
Trump Owes $355M For Fraud That 'Shocks The Conscience'
A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.
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February 16, 2024
Barge Co., Insurer End Pollution Cleanup Coverage Fight
A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.
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February 16, 2024
Insurance Group Of The Year: Wiley
Wiley Rein LLP helped major insurers score wins while navigating complex and novel coverage issues, including the applicability of "bump-up" exclusions and the scope of cyber liability policies, cementing the firm as one of Law360's 2023 Insurance Groups of the Year.
Expert Analysis
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Privacy Ruling Highlights Risks Of Third-Party Web Tracking
The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.
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Why Warranty Providers May Explore CCPA Exemption
In order to prepare for the coming wave of state consumer privacy laws across the country, organizations in the extended warranty industry should assess their exposure to the California Consumer Privacy Act and the applicability of the Gramm-Leach-Bliley Act’s exemption, say attorneys at Locke Lord.
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ERISA Ruling Reinforces Claimant Right To Know Denial Basis
A Louisiana federal court’s recent ruling in Rushing v. Sun Life Assurance, finding that an insurer could not remand a case to raise a new basis for a benefit denial, reinforces claimants' rights and illustrates how limited court review in Employee Retirement Income Security Act litigation can prevent insurers from raising new rationales for denial post-filing, says Mark DeBofsky at DeBofsky Law.
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What To Expect From The Post-Midterms Lame-Duck Session
Depending on the results of the midterm elections, the upcoming lame-duck session may be the last chance for Congress to enact meaningful legislation for the next several years, so organizations must push through legislative priorities now, lest they are forced to restart their efforts in a much different environment next year, says James Brandell at Dykema.
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Why Courts Are Rejecting Agencies' Merger Challenges
Recent losses for the U.S. Department of Justice and the Federal Trade Commission show how difficult it is for the agencies to challenge transactions based on certain theories — and that merging parties can close difficult transactions if they are willing to fight regulators in court, say attorneys at McDermott.
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2nd Circ. Securities Ruling May Encourage Fraud
The Second Circuit's recent decision in Menora v. Frutarom, intended to clarify when defrauded purchasers have standing under securities laws, is inconsistent with well-settled law and creates wide-reaching uncertainty that will likely incentivize fraud, say attorneys at Labaton Sucharow.
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Lessons From 3 Antitrust Agency Losses In Merger Trials
The government lost three antitrust agency merger trials last month, underscoring the need for companies considering strategic deals to first weigh a number of factors, including the viability of litigating before an impartial judge, say Gorav Jindal and Brian Rafkin at Akin Gump.
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Boy Scouts Ch. 11 Case Highlights Third-Party Release Split
The Delaware bankruptcy court's recent approval of major parts of the Boy Scouts’ Chapter 11 plan showcases a split among federal district courts as to whether bankruptcy courts have the constitutional authority to approve third-party releases on a final basis, bringing unpredictability and ambiguity to settlements and dealmaking, say attorneys at V&E.
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4th Circ. Ruling Won't Safeguard Life Insurance Under ERISA
The Fourth Circuit's recent decision in Bellon v. PPG Employee Life, finding that life insurance benefits had vested for certain employees, is a limited exception to a strong trend of courts reading the Employee Retirement Income Security Act to generally countenance the elimination of life insurance coverage for retirees, says Elizabeth Hopkins at Kantor & Kantor.
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9th Circ. Accidental Death Ruling Raises Critical ERISA Issue
The Ninth Circuit’s recent ruling in Wolf v. Life Insurance Co. of North America helps clarify whether accidental death insurance covers reckless conduct, and raises an important Employee Retirement Income Security Act principle about claim denial that will likely affect future cases, says Mark DeBofsky at DeBofsky Law.
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Expect Fundraising Market To Grow More Competitive
Though the fundraising market's momentum was slowed by inflation and geopolitical unrest earlier this year, rapid deployment of capital is now driving a strong resurgence that will push smaller and middle-market firms to square off against more established managers, say attorneys at Debevoise.
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ERISA Ruling Rightly Addresses Civil Procedure Hurdle
The Eleventh Circuit’s recent opinion in Harris v. Lincoln National Life Insurance demonstrates why courts should treat Employee Retirement Income Security Act cases the same as breach of contract suits by permitting the parties to utilize the full panoply of rights afforded by the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Law.
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Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine
Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.