More Insurance Coverage

  • March 11, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.

  • March 11, 2024

    DOL Sends Fiduciary Rule Rewrite To White House

    The U.S. Department of Labor transmitted its retirement security proposal that would broaden the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act to a White House office for final review over the weekend.

  • March 08, 2024

    Deadline Drama Briefly Threatens Suit Against Insurer VSP

    A California federal judge threatened Thursday to toss Total Vision's antitrust claims accusing eye care insurance giant VSP of hamstringing it, in what appears to be a misreading of the schedule over missed deadlines that were actually pushed back, prompting the threat's retraction the next day.

  • March 08, 2024

    'It Erases Us': Sex Abuse Survivors Troubled By Wash. Bill

    Washington Gov. Jay Inslee is expected to sign into law a bill that eliminates time limits for bringing child sex abuse claims in the future, but survivors say they are disappointed by an amendment stripping the bill's retroactivity, saying the legislation doesn't go far enough to hold abusers accountable.

  • March 08, 2024

    Fla. Lawmakers OK Budget With Insurance, Sales Tax Breaks

    Florida is slated to renew a slew of sales tax holidays, provide a one-year insurance tax cut and extend the time period for taxpayers to seek tax settlements after a death or natural disaster under a $117.5 billion budget the state Legislature approved Friday.

  • March 08, 2024

    Coverage Capped At $300K In Crash Suit, 4th Circ. Told

    An insurer urged the Fourth Circuit to uphold a lower court's ruling restricting a couple's underinsured motorist coverage to $300,000 following a wreck, arguing that the policy's language prevails over a North Carolina statute and, as such, its payout is offset by three primary insurers' contributions.

  • March 07, 2024

    Pa. Justices To Consider Liability Of Parents Hiding Son's Gun

    The Supreme Court of Pennsylvania agreed to hear an appeal asking whether the parents of a convicted murderer can be held liable for the victim's family's emotional trauma because their alleged concealment of the murder weapon delayed the discovery of their son's body.

  • March 07, 2024

    Anti-Fraud Tool At Risk In 8th Circ. Billing Row, Carriers Say

    Insurers' ability to enter agreements that limit billings with healthcare providers, which they contend help combat insurance fraud, is up in the air in Minnesota as the Eighth Circuit gears up to hear arguments Thursday over whether such agreements violate a state law guaranteeing prompt automobile accident insurance payouts.

  • March 07, 2024

    Women In Insurance Law On Breaking Down Barriers

    Building a better environment for women in the legal industry starts from the top, women in insurance law told Law360. To mark International Women's Day, both junior and senior women attorneys share their experiences in the industry and offer words of advice.

  • March 07, 2024

    Bradley Arant Adds Insurance Atty From Barnes & Thornburg

    Bradley Arant Boult Cummings LLP has strengthened its policyholder insurance coverage team by adding a former Barnes & Thornburg LLP partner based in Atlanta and Tampa, Florida, who has recovered more than $500 million for clients over the past three years, the firm announced Wednesday.

  • March 07, 2024

    Idaho Cuts Biz Unemployment Insurance Tax Rates

    Idaho businesses will see lower unemployment insurance tax rates than previously forecast under legislation signed into law by the governor.

  • March 07, 2024

    Feds Look To Bar Advice-Of-Counsel Defense From Tax Trial

    Federal prosecutors have sought to prevent two attorneys and an insurance agent from relying on advice-of-counsel defenses in their upcoming tax fraud trial, telling a North Carolina federal judge the trio failed to give the court an adequate heads-up about their intended defense.

  • March 06, 2024

    6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row

    A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.

  • March 06, 2024

    Co. Says Chubb Unit Must Cover $5M Merger Dispute Defense

    A holding company subsidiary of Banco Santander told a Delaware federal court that a Chubb unit must contribute to $5 million in legal expenses the company has incurred in defending itself in an underlying class action brought by minority shareholders who objected to a merger with another subsidiary.

  • March 06, 2024

    Insurer Says Mountaineer's Death Not 'Accidental'

    Reliance Standard Life Insurance Co. asked the Eleventh Circuit on Wednesday to reverse a decision saying it has to pay out an accidental death benefit to the family of a Harvard medical professor who died trying to summit a mountain in Pakistan, arguing that there isn't enough evidence to show that his death was an accident.

  • March 06, 2024

    Connecticut Marshals Union Pushes For Lower Job Cap

    Connecticut law authorizes the appointment of far more state marshals than necessary, the workers' union told state lawmakers Wednesday, in support of a new bill that would lower the cap and give job candidates incentive to choose the marshals service as a career.

  • March 06, 2024

    Quinn Emanuel's 2nd $185M Fee Bid Blasted As 'Indefensible'

    Quinn Emanuel Urquhart & Sullivan LLP's second attempt to win $185 million in attorney fees in $3.7 billion litigation over the Affordable Care Act still fails to justify the "indefensible" amount and barely pays "lip service" to a reevaluation ordered by the Federal Circuit, health insurers told the federal claims court.

  • March 06, 2024

    Geico Brings On Ex-Wells Fargo Atty As New Legal Chief

    Insurance company Geico announced Wednesday that its new chief legal officer is a former Wells Fargo attorney with a regulatory background and more than a decade of experience as in-house counsel.

  • March 06, 2024

    AI-Focused Co. Roadzen Recruits General Counsel

    Artificial intelligence-powered automotive insurance company Roadzen Inc. has named a new general counsel who brings more than 30 years of in-house experience to the role.

  • March 05, 2024

    Allstate Must Face Former In-House Atty's Disability Bias Suit

    A New York federal judge rejected Allstate's bid for a pretrial win in a disability discrimination case brought by a former in-house lawyer who claims he was wrongfully fired after his doctor said he couldn't handle the stress of trials, including standing for long periods of time.

  • March 05, 2024

    Express Scripts Gets Pharmacy's Contract Breach Suit Cut

    A Missouri federal judge tossed out two claims in a five-count suit accusing Express Scripts of conducting a faulty audit on a New York pharmacy and then wrongfully terminating their contract, saying the pharmacy can't sue under two laws it cited.

  • March 05, 2024

    NC Panel Says Co. Can't Intervene In Insurer Liquidation

    A holding company owned by insurance mogul Greg Lindberg shouldn't have been allowed to intervene in the North Carolina insurance commissioner's liquidation of two insolvent insurers, a state appeals court held Tuesday, saying only a company's directors are permitted to do so under state law.

  • March 05, 2024

    Aetna Accused Of 'Reprehensible' ER Services Underpayment

    Multiple Aetna health insurance entities were hit with a lawsuit in Ohio accusing them of "reprehensible systemic underpayments" to healthcare workers who provide emergency services, underpayments that the complaint said were damaging to the medical system.

  • March 04, 2024

    5th Circ. May Uphold National Block On ACA Preventive Care

    The Fifth Circuit appeared open Monday to striking down Affordable Care Act requirements forcing insurers to cover a range of preventive treatments such as mammograms and HIV prevention medication, homing in on constitutional problems with how members of a task force setting coverage mandates were appointed.

  • March 04, 2024

    Judge Releases Entity From Ohio Hotel Sex Trafficking Suit

    A federal judge released a holding company from a lawsuit brought by a plaintiff who accuses Choice Hotels International Inc., Wyndham Hotels & Resorts Inc. and other hotel companies of failing to prevent her from being trafficked at four Ohio hotels.

Expert Analysis

  • What Banks Can Glean From FSB Climate Risk Report

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    Although a recent Financial Stability Board report doesn't aim to provide specific guidance to financial institutions on how to incorporate climate-related metrics into their frameworks, it may nonetheless be valuable given the general lack of comparative data on evolving climate-related compensation practices elsewhere, say attorneys at Sullivan & Cromwell.

  • Cannabis Supercenters: Key Benefits And Legal Issues

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    Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.

  • Challenging Standing In Antitrust Class Actions: Injury-In-Fact

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    As demonstrated in recent cases, the classic injury-in-fact requirement for Article III standing claimed in most antitrust suits is economic harm — and while concrete harm satisfies the requirement, litigants may still be able to challenge whether economic injury has occurred, say Michael Hamburger and Holly Tao at White & Case.

  • What ACA Preventive Care Ruling Means For Employers

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    Though a Texas federal court's recent ruling in Braidwood v. Becerra paves the way for employers to reimpose cost-sharing requirements on preventive care, companies considering making these changes to their group health and welfare plans should first analyze the financial and social impacts, says Rachel Shim at Holland & Knight.

  • Seeking IRS Accountability For Faulty Microcaptive Notice

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    Like the taxpayers in Standard Insurances v. U.S. seeking to expand earlier wins in microcaptive insurance cases that limit IRS use of improperly obtained information, others should consider ways to hold the agency accountable and provide incentive for it to follow the law going forward, says Joshua Smeltzer at Gray Reed.

  • AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust

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    Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.

  • Ch. 11 Ruling Stresses 5th Circ. Courts' Asset Sale Deference

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    A Texas federal court recently rejected a challenge to Fieldwood Energy’s Chapter 11 plan by several surety bond companies, serving as a reminder that courts within the Fifth Circuit give deference to the finality of asset sales where a stay of the applicable order has not been obtained, say Jonathan Lozano and Mark Dendinger at Bracewell.

  • The Important Role Of Contra Proferentem In ERISA Cases

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    A Pennsylvania federal court's recent decision in Stein v. Paul Revere Life Insurance illustrates what happens when ERISA plan terms are unclear, and why the contra proferentem principle should be applied uniformly in all ERISA cases, says Mark DeBofsky at DeBofsky Law.

  • No Surprises Act Gives Plan Sponsors Savings Opportunities

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    Under the No Surprises Act, the potential savings for an ERISA group health plan and its participants are significant, and sponsors should focus on the negotiation of third-party administrator service agreements to avoid exposure to breach of fiduciary claims for payment of excessive fees, say attorneys at Hall Benefits.

  • HHS Advisory Opinion Serves As Free Drug Program Guide

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    A careful review of the U.S. Department of Health and Human Services' recent advisory opinion and track record on free drug programs provides a rubric for manufacturers to ensure that similar programs are viewed favorably under the Anti-Kickback Statute, say Dominick DiSabatino and Cortney Inman at Sheppard Mullin.

  • ACA Anti-Discrimination Rules May Apply To 3rd-Party Admin

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    A Washington federal court's recent ruling in C.P. v. Blue Cross Blue Shield, where a third-party administrator applied plan rules that excluded gender-affirming care, potentially expands the scope of covered entities under the Affordable Care Act's anti-discrimination rule, say Kara Backus and Allison Jacobsen at Lane Powell.

  • Courts Should Follow 8th Circ. On ERISA Procedure Rules

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    Other courts should take note of the Eighth Circuit's refusal to view Yates v. Symetra Life Insurance as an administrative law claim and join the growing effort to restore regular civil procedure to Employee Retirement Income Security Act cases, says Mark DeBofsky at DeBofsky Law.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

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