More Insurance Coverage
-
March 20, 2024
NY AG Scoffs At Trump's Claim Of 'Impossible' $465M Bond
The New York Attorney General's office on Wednesday disputed Donald Trump's claim that posting bond while he appeals a $465 million civil fraud judgment is a "practical impossibility," arguing the former president and his business empire haven't exhausted all avenues.
-
March 20, 2024
Pa. Insurance Broker On Hook For Not Paying Real OT
A Pennsylvania-based insurance brokerage willfully violated federal wage law when it misrepresented overtime hours employees worked and otherwise dodged wage requirements, a federal judge ruled in a case brought by the U.S. Department of Labor.
-
March 19, 2024
Minn. BCBS Wants Toss Of DOL's $66.8M Tax Liability Suit
An insurance company is urging a Minnesota federal judge to toss a U.S. Department of Labor suit alleging the company improperly collected at least $66.8 million in state tax liability from plans it administered to pay in-network providers, arguing plans allowed the practice and participants weren't injured.
-
March 19, 2024
Trade Court Says US Demand For Garlic Bond Came Too Late
The U.S. Court of International Trade backed an insurance company's contention that the U.S. government waited eight years too long to demand payments for Chinese garlic imports the company covered, saying the government was contractually obligated to make a demand sooner.
-
March 18, 2024
Tribal Health Groups Say IHS Owes $4M In Support Funding
Two tribal health groups serving parts of Alaska are suing the U.S. Department of Health and Human Services for failing to pay nearly $4 million in contract support costs for their delivery of services paid for with third-party revenue they collected, the subject of a matter now pending before the U.S. Supreme Court.
-
March 18, 2024
Trump Says He Can't Secure Bond For $465M Fraud Judgment
Former President Donald Trump told a New York appellate court Monday that posting bond while he appeals a $465 million judgment against him and his business empire for allegedly defrauding banks and insurers is a "practical impossibility."
-
March 18, 2024
Insurer Settles Target Manager's Suit Over Disability Benefits
An insurance company reached a deal with a Target Corp. manager to end his lawsuit alleging the company unlawfully stopped the disability payments he was receiving to treat his post-traumatic stress disorder stemming from a George Floyd protest, a filing in Wisconsin federal court said.
-
March 18, 2024
5th Circ. Revives Widows' Collections Suit Against Law Firm
The Fifth Circuit has revived a proposed class action against Louisiana law firm Shows Cali & Walsh LLP regarding its efforts to recoup grant funds awarded in connection with Hurricane Katrina, saying a reasonable jury could find the law firm violated the Fair Debt Collections Practices Act.
-
March 18, 2024
Decline In EBSA Funding May Hurt Mental Health Parity Efforts
The U.S. Department of Labor's employee benefits arm warned Congress in its latest budget request that it may have to scale back its efforts to implement federal mental health parity laws and the No Surprises Act by 2025.
-
March 18, 2024
4th Circ. Preview: Airport Mishap, Inmate Pay Launch March
The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.
-
March 15, 2024
Insurance Mogul Hit With $500K Judgment For Website Co.
The legal woes of embattled North Carolina insurance mogul Greg Lindberg were compounded when a federal judge ordered him and one of his companies to pay nearly half a million dollars, including interest and attorney fees, to an internet marketing company for a payment he missed following his sentencing on federal bribery charges.
-
March 15, 2024
9th Circ. Pauses Benefits Case Awaiting UBH Challenge
The Ninth Circuit has told a trial court to halt what United Behavioral Health has called an improper revival of a proposed class action alleging the insurance company illegally denied coverage for mental health and substance abuse treatment.
-
March 15, 2024
Justices Told Estate Incorrectly Taxed On Insurance Payout
The federal government's argument that the $3.5 million in life insurance proceeds a company used to redeem a deceased owner's shares increased both the company's value and its dead owner's estate tax liability ignores "economic reality," the estate told the U.S. Supreme Court on Friday.
-
March 15, 2024
Wash. Justices Affirm Condo's Roof Damage Coverage Win
A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.
-
March 15, 2024
Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial
Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.
-
March 15, 2024
Camden Diocese Gets OK For Ch. 11 Plan On 4th Attempt
The Roman Catholic Diocese of Camden has won approval from a New Jersey bankruptcy judge for its plan to settle sexual abuse claims for $87.5 million after three prior versions of the plan were rejected over insurance carrier objections.
-
March 14, 2024
GM, LexisNexis Sued For Sharing Driving Data With Insurers
A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.
-
March 14, 2024
Exxon Beats Insurers' Bid To Arbitrate Over MTBE Claims
A Texas appeals court sided with Exxon Mobil Corp. in the energy giant's attempt to forestall arbitration with an insurer over claims and lawsuits over exposure to methyl tertiary-butyl ether, ruling Wednesday that the trial court was right not to compel arbitration.
-
March 14, 2024
Insurance Litigation Week In Review
A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.
-
March 14, 2024
Insurance Mogul Drops NC Counsel Before Retrial
Embattled insurance mogul Greg Lindberg has dropped Aaron Zachary Tobin of Condon Tobin Sladek Thornton Nerenberg PLLC from his legal team ahead of his retrial on a charge of trying to bribe North Carolina's insurance commissioner.
-
March 14, 2024
PE-Backed Latin American Healthcare Firm Prices $420M IPO
Private equity-backed Latin American hospital operator Auna SA on Thursday set a price range on an estimated $420 million U.S. initial public offering, with plans to use the proceeds to repay debt and financing agreements.
-
March 14, 2024
Longtime La. Insurance Commish Joins McGlinchey Stafford
McGlinchey Stafford PLLC has hired the former commissioner of the Louisiana Department of Insurance, who also served in the state legislature, as a member in the firm's Baton Rouge and New Orleans offices, the firm announced Wednesday.
-
March 14, 2024
An Insurance Attorney's Call To Military Service
Jeffrey Bristol of Parrish Law PA is a self-described "later-in-life lawyer" wearing many hats because he has dedicated more than a decade to serving in multiple branches of the U.S. armed forces.
-
March 14, 2024
Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'
A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.
-
March 13, 2024
Judge Says COVID Test Suit Depends On Conn. Justices
A Connecticut federal judge trimmed several claims from a $783,000 suit over a COVID-19 testing bill that a health plan administrator allegedly failed to pay, but declined to rule on certain state law issues until the state's highest court can shed light on the statutes in an upcoming ruling.
Expert Analysis
-
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
-
10th Circ. ERISA Ruling Is Promising For Self-Funded Plans
Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.
-
What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
-
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
-
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
-
Okla. Workers' Comp Case Could Mean Huge Shift In Claims
An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.
-
How Reps And Warranties Insurance Can Aid Sellers In M&A
Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.
-
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
-
Ore. Warranty Ruling Complicates Insurance Classification
The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.
-
9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue
The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.
-
Pickleball Makes Waves In Fla. Real Estate, With Risks In Play
Pickleball's burgeoning popularity in Florida is catalyzing a transformation in the state's commercial real estate market, but investors must take steps to navigate legal challenges related to noise, insurance and community dynamics, says Emmanuelle Litvinov at DarrowEverett.
-
Mass. Dispute Highlights R&W Insurance Considerations
The progression of the litigation in a Massachusetts state court between pH Beauty and its representations and warranties insurers to the summary judgment stage offers rare insight into coverage disputes that can arise under such policies, including takeaways for buyers and sellers looking to procure adequate coverage for future transactions, say attorneys at Hunton.
-
Standing Issues Prevail In Wake Of Calif. Competition Ruling
Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.