Insurance

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    Insurers Say GE Knew About Turbine Issues In Plant Failure

    A group of insurance and reinsurance companies is suing General Electric to recoup losses incurred in connection with a turbine blade failure at an Algerian power plant, saying GE knew about problems with its turbine blades.

  • October 15, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Chubb Beats Simon Wiesenthal Center In Virus Coverage Suit

    The Simon Wiesenthal Center, a human rights organization, lost its bid for coverage of its pandemic losses, after a California federal judge said the center failed to show that it sustained the type of insurable damage under its Chubb policy.

  • October 15, 2021

    Raymour & Flanigan Loses Bid For COVID-19 Coverage

    The furniture retail chain Raymour & Flanigan lost its bid for COVID-19 coverage after a New York state judge dismissed its suit against a group of insurers, finding that government orders, not the virus, caused the chain's losses.

  • October 15, 2021

    Solar Developer Fights Insurer On Pollution Policy Trigger

    A renewable energy company told a Rhode Island federal court that its insurer shouldn't be able to trigger an exemption on a pollution claim based on the company's decision to pivot away from building a solar facility.

  • October 15, 2021

    Kemper Strikes $17.6M Deal To End Data Breach Litigation

    Kemper Corp. and subsidiary Infinity Insurance Co. have entered a settlement valued around $17.6 million to end litigation over claims stemming from two data breaches that gave hackers access to customers' personal information, a proposed customer class said Thursday.

  • October 15, 2021

    Nelson Mullins Adds 2 Morris Manning Health Care Attys

    Nelson Mullins Riley & Scarborough LLP has snagged two Morris Manning & Martin LLP health care regulatory attorneys for its Georgia office.

  • October 15, 2021

    Microsoft, Insurer Escape Addiction Treatment Coverage Suit

    A Seattle federal court dismissed a lawsuit alleging Microsoft and a Blue Cross Blue Shield affiliate unlawfully failed to cover the cost of an employee's daughter's inpatient mental health and substance abuse treatment, saying the tech company's health plan had discretion to decide what care was necessary.

  • October 15, 2021

    Convicted Insys Founder Seeks Deep Cut To Restitution

    The convicted founder of Insys Therapeutics Inc. on Thursday asked a Boston federal judge to cut $24 million from what he owes victims, saying the First Circuit's instructions after overturning the initial restitution sum requires a new number more closely tailored to the alleged fraud.

  • October 15, 2021

    Pot Farm's $3.5M Blaze Damage Has Insurer Suing Over Lamp

    Trisura Specialty Insurance Co. is suing several industrial lighting companies to recoup costs it spent covering losses that a Detroit marijuana grower sustained when a burst lamp caused more than $3.5 million in fire damage to its building and contents.

  • October 15, 2021

    49ers Stadium Contractor To Pay Team $6M For ADA Liability

    The general contractor for Levi's Stadium has agreed to pay $6 million to the San Francisco 49ers for its alleged role in building a purported "disability access nightmare," two years after the NFL team inked a $24 million Americans with Disabilities Act class settlement over the venue.

  • October 14, 2021

    Insurer Says Lab Charged Up To $979 Per COVID-19 Test

    Premera Blue Cross is accusing GS Labs of ordering unnecessary COVID-19 tests for patients and charging "exorbitant" prices upwards of $979 per test so that it can inflate the amount it bills insurers, according to the health insurer's lawsuit filed Thursday in Washington federal court.

  • October 14, 2021

    Ga. Court Won't Enforce BB&T Insurance's Non-Compete

    BB&T Insurance Services Inc. can't enforce overly broad restrictive covenants in its employment agreement against a former longtime executive who moved to a rival employer, the Georgia Court of Appeals held.

  • October 14, 2021

    La. Appeals Court Says Patient's Slip And Fall Not Malpractice

    A Louisiana appeals court has found that a woman's allegation that she slipped and fell off a stepstool at a doctor's office does not need to go to a medical review panel, saying the fall was not related to the treatment she sought.

  • October 14, 2021

    Fla. High Court Passes On Discovery Disparity Question

    The Florida Supreme Court on Thursday affirmed denials of two personal injury defendants' bids to block disclosure about their attorneys' or insurers' financial relationships with medical expert witnesses, but the justices declined to address the lower courts' questions of whether a 2017 ruling has unfairly resulted in defendants being treated differently than plaintiffs.

  • October 14, 2021

    Ga. Hotel Seeks Jury In Sex-Trafficking Coverage Row

    A Red Roof Inn franchisee is urging a Georgia federal judge to allow a jury to weigh in on its dispute with Mesa Underwriters over insurance coverage for a sex-trafficking suit, arguing that policy language in its assault and battery exclusion is "broad, vague and ambiguous."

  • October 14, 2021

    Chicago Limousine Co.'s Virus Coverage Suit Hits Roadblock

    The presence of COVID-19-positive individuals didn't physically alter a Chicago limousine company's premises, a federal judge ruled Thursday, tossing the suit against Cincinnati Insurance and an insurance agent and holding that there wasn't any physical loss or damage to trigger coverage.

  • October 14, 2021

    Chiropractor Sues State Farm Seeking Virus Coverage

    A Pennsylvania chiropractic clinic brought a proposed class action against State Farm Fire and Casualty Co. for coverage of pandemic-related losses, saying government restrictions caused the type of physical loss required for coverage under its "all-risk" policy.

  • October 14, 2021

    4th Circ. Cements Insurer's Win in $9M Building Defects Suit

    An excess insurer did not act in bad faith when refusing coverage for a $9 million judgment against a defunct contractor accused of building defects, the Fourth Circuit said, upholding a ruling that found the policyholder would never have to pay that amount out of pocket.

  • October 14, 2021

    Steak Chain Plans Revised Virus Suit After Judge's Dismissal

    An Arizona federal judge dismissed a COVID-19 coverage lawsuit from the owner of steakhouses and restaurants in Arizona, Illinois and Texas, finding that the loss of use of its buildings did not amount to a "direct physical loss or damage" that would qualify it for coverage from Allianz and Axa units.

  • October 13, 2021

    Ex-Walgreens Exec Told Holmes 'Haters Are Everywhere'

    Former Walgreen Co. Chief Financial Officer Wade Miquelon testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that he encouraged Walgreens' CEO to enter a $140 million deal with the blood-testing startup and tried to comfort Holmes as Theranos faced public scrutiny, writing her in 2015 that "haters are everywhere."

  • October 13, 2021

    Chubb Urges NY Judge To Keep $165M Ghana U. Award Suit

    Chubb Ltd. has urged a New York federal judge to keep its $165 million award confirmation suit against the University of Ghana for allegedly failing to construct and maintain rent-generating buildings on its campus, saying the university already consented to the court having subject-matter jurisdiction in an arbitration agreement.

  • October 13, 2021

    Task Force Suggests Sweeping Changes To Fla. Condo Law

    A Florida Bar task force assembled to review the state's condominium law following the deadly Champlain Towers collapse has proposed sweeping changes that include making it harder for condominium associations to waive reserves, making financing more accessible to associations and increasing liability against developers and municipalities that conduct inspections.

  • October 13, 2021

    Med Center's Bad Faith Claim Against Insurer Can Proceed

    An eye surgery center sufficiently argued that a CNA Financial Corp. unit acted in bad faith in refusing to cover losses caused by the COVID-19 pandemic, a New Mexico federal judge said, but she found the policyholder's other allegations need refining.

Expert Analysis

  • Opinion

    Subpoena Defense Cost Ruling Gets Insurance Law Wrong

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    A Connecticut federal court's recent decision that National Union Fire Insurance Co. of Pittsburgh didn't need to cover defense costs for a power utility's response to a grand jury subpoena included two crucial mistakes that contravene long-standing insurance law principles, say attorneys at Hunton.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Roundup

    Insurance Commissioner's Agenda

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    State insurance commissioners discuss their enforcement and regulation priorities in this Expert Analysis series.

  • Takeaways From DC Circ. Medicare Overpayment Ruling

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    The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • Why The Future Of Telehealth Parity Remains Murky

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    Though the federal government, states and private insurers have united during the pandemic in recognizing the value of expanding telehealth access, there is no consensus on the merits of long-term telehealth parity, say Adriana Riviere-Badell and Alexandria Swette at Kobre & Kim.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • A Primer On DOL Probes For ERISA Plan Service Providers

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    As the U.S. Department of Labor shifts its enforcement resources from Employee Retirement Income Security Act plan sponsors to financial institutions that service such plans, nonfiduciary providers should know what to expect and how to respond to agency investigations, say attorneys at Groom Law Group.

  • 5th Circ. Ruling Aids Policyholder Deductible Calculations

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    In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.

  • Opinion

    Pa. Lawmakers Must Save Medical Liability Venue Rule

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    The Pennsylvania Legislature should stop the state's Civil Procedural Rules Committee from rolling back a rule banning medical malpractice forum shopping, to avoid a return to rampant liability claims in high-verdict courts, sky-high insurance premiums for doctors and less public access to care, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.

  • Opinion

    5th Circ. Opinion Is Right To Question ERISA Review Norms

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    A concurrence in the Fifth Circuit’s recent J. P. v. Blue Cross and Blue Shield of Texas decision rightly criticizes the standard of review in Employee Retirement Income Security Act cases as misplaced, nearly impossible for claimants to meet, and at odds with the holistic assessment required by the U.S. Supreme Court, says Mark DeBofsky at DeBofsky Sherman.

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