More Insurance Coverage

  • 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.

  • March 04, 2024

    Conn. Trial Attys Slam Proposed Offsets For Jury Awards

    Connecticut lawmakers on Monday considered a bill that could reduce economic damages awarded to personal injury and wrongful death plaintiffs when a collateral payment source, such as an insurer, has a right of subrogation, a measure that trial lawyers panned as an insurance industry perk that would undo precedent.  

  • March 04, 2024

    LifeWallet Settles With Insurers, Enhancing Claims Process

    Healthcare reimbursement venture MSP Recovery, which does business as LifeWallet, has announced a deal with 28 affiliated property and casualty insurers that would settle unreimbursed Medicare claims and provide historical data to streamline the process of resolving such claims in the future.

  • March 04, 2024

    FTI Consulting Acquires Actuarial Firm Madison Consulting

    Washington, D.C.-based international business advisory firm FTI Consulting Inc. announced on Monday its acquisition of Madison Consulting Group, an actuarial firm based in Madison, Georgia, and Newtown Square, Pennsylvania.

  • March 04, 2024

    Trump's Former Finance Chief Pleads Guilty To Perjury

    Allen Weisselberg, the longtime former financial chief of Donald Trump's real estate business empire, admitted Monday to lying under oath in the New York attorney general's civil fraud case as part of a plea deal to serve five months in jail.

  • March 01, 2024

    Jury Awards Midwest Energy $57M On Refined Coal Patents

    A Delaware federal jury on Friday awarded Midwest Energy Emissions Corp. more than $57 million after finding that numerous affiliated companies willfully infringed its patents on technology for refining coal to reduce mercury in emissions from power plants.

  • March 01, 2024

    Fintech Co. Vesttoo's Ch. 11 Plan OK'd After Dissent Defused

    A Delaware bankruptcy judge has approved the Chapter 11 liquidation plan proposed by the official committee of unsecured creditors to bankrupt Israeli fintech firm Vesttoo Ltd., after the committee sorted out a final objection to the plan.

  • March 01, 2024

    Auto Coverage Hinges On Victim's Domicile, Mich. Panel Says

    A dispute over personal protection insurance will return to a trial court to determine whether a crash victim was residing in Michigan or Kentucky at the time of the incident, after a Michigan state appeals court granted neither the victim's guardian nor Progressive an early win.

  • March 01, 2024

    Exec's Captive Insurance Case Headed To Trial

    Whether an insurance executive knowingly lied to clients by telling them they could take illegal tax deductions in connection with captive insurance arrangements should be decided by a jury, a Florida federal judge ruled, saying material facts in the case are disputed.

  • March 01, 2024

    Day Care Says Policy Covers $21.6M Infant Death Judgment

    A day care is urging a Florida federal court to reject its insurer's bid for an early win in a coverage dispute concerning a $21.6 million judgment over an infant's death, saying there are disputed issues of fact about whether the policy was canceled by the insured before the incident.

  • March 01, 2024

    Former Pa. Assistant DA Moves To GRSM50's Philly Team

    Gordon Rees Scully Mansukhani LLP has hired an attorney with nearly a decade of experience working as an assistant district attorney in Pennsylvania to join the firm's office in Philadelphia as a partner, the firm recently announced.

  • February 29, 2024

    Nurses Say UnitedHealthcare Hid Colleagues From Settlement

    A class of registered nurses seeking to settle claims that UnitedHealthcare improperly denied them adequate overtime compensation asked a New Mexico federal judge to sanction the company because, the class alleged, it withheld some eligible members from a class list.

  • February 29, 2024

    Insurance Litigation Week In Review

    The Texas Supreme Court found that a handful of insurers may be on the hook for a $220 million bankruptcy settlement, while another state Supreme Court said it will take on underpayment claims against Geico, as insurance experts heed emerging privacy risks and prepare for more PFAS litigation. Here, Law360 takes a look at this week's top insurance news.

  • February 29, 2024

    Insurance Co. Settles Mass. Worker's Long COVID Suit

    Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.

  • February 29, 2024

    Colo. House OKs Multistate Online Insurance Tax Filing

    Colorado would require insurance companies to pay certain taxes through a multistate third-party online application approved by the state Division of Insurance under legislation passed by the state House of Representatives.

  • February 29, 2024

    Insurer Direct Line Rejects £3B Linklaters-Backed Ageas Bid

    British insurer Direct Line has rejected a £3.1 billion ($3.9 billion) offer from Ageas, a Belgian-French rival, finding that it was "uncertain, unattractive, and that it significantly undervalued" the group.

  • February 28, 2024

    6th Circ. Rules Copyright Law Is For 'Dull' Stuff, Too

    The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer loyalty program.

  • February 28, 2024

    Seattle Convention Center's Virus Losses Not Covered

    A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

  • February 28, 2024

    Trump Can't Freeze $465M Penalty But Can Seek Loans

    A New York state appellate judge on Wednesday refused to freeze the $465 million civil fraud judgment against Donald Trump while he appeals the award, but said the former president could take out loans to cover the cost of the judgment.  

  • February 28, 2024

    Plastic-Maker Says Insurers Must Cover Worker Death Suit

    Ohio-based manufacturer Encore Plastics took Travelers Property Casualty Co. of America and American Guarantee & Liability Insurance Co. to federal court, claiming both companies are violating their policies by refusing to defend or indemnify it in an underlying suit over one of its workers' death in an industrial accident.

  • February 27, 2024

    Fla. Judge Says Yacht Suit Doesn't Support Punitive Damages

    A Florida federal judge has recommended that punitive damages sought in a bad faith lawsuit against Travelers over failing to properly investigate a damaged yacht claim should be tossed, saying that the allegations don't support the higher standard needed to show malicious behavior or reckless disregard by the insurance company.

Expert Analysis

  • Why Warranty Providers May Explore CCPA Exemption

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    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.

  • ERISA Ruling Reinforces Claimant Right To Know Denial Basis

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    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.

  • What To Expect From The Post-Midterms Lame-Duck Session

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    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.

  • Why Courts Are Rejecting Agencies' Merger Challenges

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    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.

  • 2nd Circ. Securities Ruling May Encourage Fraud

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    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.

  • Lessons From 3 Antitrust Agency Losses In Merger Trials

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    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.

  • Boy Scouts Ch. 11 Case Highlights Third-Party Release Split

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    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.

  • 4th Circ. Ruling Won't Safeguard Life Insurance Under ERISA

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    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.

  • 9th Circ. Accidental Death Ruling Raises Critical ERISA Issue

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    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.

  • Expect Fundraising Market To Grow More Competitive

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    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.

  • ERISA Ruling Rightly Addresses Civil Procedure Hurdle

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    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.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    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.

  • Dobbs, Workers' Comp. Brief Hint At Biden's Cannabis Stance

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    The U.S. Supreme Court’s recent Dobbs v. Jackson Women’s Health decision, combined with the solicitor general’s brief in a workers’ compensation case that the high court recently declined to review, reveals three notable possibilities about the Biden administration’s position on cannabis, say Whitt Steineker and Claire Hodge at Bradley Arant.

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