Insurance

  • November 21, 2019

    Doc Can't Sue Insurer Over Fraud Reports, Top NY Court Says

    New York’s highest court ruled Thursday that a doctor can’t sue Nationwide for reporting him to state authorities for insurance fraud, saying a state public health law cited by the doctor doesn’t allow for private lawsuits.

  • November 21, 2019

    JPMorgan Wraps Up Ex-Worker's COBRA Suit

    JPMorgan Chase & Co. has settled a lawsuit by a former employee claiming the bank failed to properly notify him of how to keep health insurance after losing his job, according to a filing in Florida federal court Thursday.

  • November 21, 2019

    Ill. Justices Side With Insurers In Wrongful Conviction Row

    The Illinois Supreme Court on Thursday ruled that a pair of insurers don't have to help cover a Chicago-area city's $15 million settlement of a suit filed by a man who served more than 20 years in prison for a murder he did not commit.

  • November 21, 2019

    Atty Talks Over Tribune Buyout Are Protected, Ill. Justices Say

    Two foundations that were formerly the Tribune Co.'s second-largest shareholders don't have to fork over documents detailing their discussions with attorneys ahead of their participation in the Tribune's 2008 leveraged buyout, the Illinois Supreme Court said Thursday.

  • November 21, 2019

    Investors Urge 5th Circ. To Revive Ponzi Claims Against SEI

    A group of investors in Robert Allen Stanford's massive Ponzi scheme are asking the Fifth Circuit to revive their claim that investment processor SEI Investments Co. could have provided them with the information they needed to avoid the scheme's collapse.

  • November 20, 2019

    Disclosure, Transparency Regs Headline DOL Benefits Agenda

    The U.S. Department of Labor's benefits division has added several items to its most recent to-do list, telling stakeholders Wednesday that it hopes to push out rules giving employers more leeway to deliver benefits information online and requiring health insurers to tell workers how much they'll owe for treatment before they receive it.

  • November 20, 2019

    NC Insurer's Consultant Wants Out Of $2M Bribery Case

    A consultant for the owner of a North Carolina insurance conglomerate charged in a $2 million bribery scheme to derail an investigation into the insurer has asked a federal judge to dismiss him from the case, saying the attempted reassignment of an investigator does not constitute conspiracy.

  • November 20, 2019

    $21M Nationwide Bad Faith Row Rests On Appeals Court Role

    The Pennsylvania Supreme Court will hear arguments Thursday over whether a state appeals court overstepped its bounds when it vacated a $21 million award against Nationwide in a bad faith case over the insurer's handling of a 23-year-old auto insurance claim. Here, Law360 breaks down the case's history in advance of the hearing.

  • November 20, 2019

    Debevoise Partner Named NY's Top Insurance Deputy

    A veteran Debevoise & Plimpton LLP bankruptcy and restructurings partner is leaving the firm to head up the insurance division of the New York Department of Financial Services, which regulates more than 1,400 insurance companies with combined assets topping $4.7 trillion, the DFS announced Wednesday.

  • November 20, 2019

    AbbVie Investors Fight Bid To Toss Humira Kickbacks Suit

    Investors urged an Illinois federal judge on Tuesday not to dismiss a lawsuit against AbbVie Inc., saying they’ve adequately alleged that the pharmaceutical company concealed its use of an illegal strategy to market its blockbuster drug Humira.

  • November 20, 2019

    Fund Pays $4M To Settle Mass. Medicare Kickback Probe

    A Florida-based foundation agreed to pay $4 million to settle allegations that it violated the False Claims Act by helping Teva, Biogen and Novartis pay kickbacks to Medicare patients taking the companies' drugs, the Massachusetts U.S. Attorney's Office announced Wednesday.

  • November 20, 2019

    Auto Insurer Med Exam Requirement Not OK, Pa. Justices Say

    Auto insurer requirements that policyholders undergo potentially unlimited medical exams by company-selected physicians to preserve their benefits have no place in Pennsylvania, the state's Supreme Court said Wednesday.

  • November 20, 2019

    Hospitals Say HHS' Medicare Cuts Cost Them Over $124M

    More than 600 hospitals have slapped the U.S. Department of Health and Human Services with a lawsuit claiming the agency's recent reduction in Medicare reimbursements violated numerous laws and cost them over $124.4 million.

  • November 20, 2019

    Nurses Hit Harvard Pilgrim With Pair Of Mass. FLSA Suits

    Harvard Pilgrim Healthcare Inc. was hit with a pair of Fair Labor Standards Act suits on Wednesday by Massachusetts nurses who say they were denied overtime pay after previously being improperly classified as exempt from state and federal overtime laws.

  • November 20, 2019

    Attys Score $27M Payday For $80M MetLife ERISA Settlement

    Three law firms will walk away with $26.6 million of the $80 million deal they negotiated with Metropolitan Life Insurance Co. to end a class action claiming the company violated federal benefits law by investing policyholders' benefits in its own accounts.

  • November 20, 2019

    Atty Can't Get NJ High Court To Take On Malpractice Ruling

    A New Jersey attorney has failed to convince the state Supreme Court to take a closer look at an appellate decision upholding a malpractice ruling against him for not advising a client about personal injury protection coverage related to a car crash suit.

  • November 20, 2019

    Kirkland Advises Aon's Purchase Of Digital Insurance Platform

    Aon PLC said on Wednesday that it has agreed to buy a digital insurance platform that offers cover for smaller businesses, as the global professional services company seeks to develop more innovative products.

  • November 20, 2019

    Increasing Fine Risks Weigh On D&O Coverage

    Company bosses face increasing financial risk a result of fines handed out by regulators, securities class actions and sexual harassment claims, according to a report published Wednesday by Chubb, warning that executives need to factor those costs into their coverage.

  • November 19, 2019

    18 Insurers Sue Feds Over National Park Fire Response

    In two separate suits filed Monday and Tuesday in Tennessee federal court, 18 insurers alleged the federal government contributed to damage caused by a 2016 fire in the Great Smoky Mountains National Park through a lack of communication and poor fire monitoring.

  • November 19, 2019

    Power Co. Can Press Pollution Cleanup Coverage Suit

    A Wisconsin appeals court revived a power company’s suit seeking to force Lloyd’s of London insurers to cover the cost of cleaning up groundwater contamination at a former gas storage site, finding Tuesday that a lower court applied too narrow an interpretation of a key policy term.

  • November 19, 2019

    US Owes Anthem Units $107M Over ACA Risk Promise: Suit

    The U.S. owes over $107 million to Anthem Blue Cross units in Affordable Care Act exchanges in California, New York and other states after promising to reimburse plans for losses by covering people once deemed too sick for coverage, according to a lawsuit in the Court of Federal Claims.

  • November 19, 2019

    Calif. Opposes Accordia Botched Life Insurance Billing Deal

    California regulators aim to block a proposed class action settlement between Accordia Life and Annuity Co. and customers whose life insurance policies lapsed during a system transition, arguing the deal is vague and could undercut the state's ongoing probe of the insurer.

  • November 19, 2019

    True Health Ch. 11 Plan Draws Feds' Fire Over CMS Claims

    The Justice Department objected late Monday to True Health Group LLC's Chapter 11 plan, claiming it's missing details about how to handle reimbursing the Centers for Medicare & Medicaid Services if the debtor loses its Chapter 11 suit challenging federal reimbursement holdbacks in a fraudulent billing suit.

  • November 19, 2019

    Real Estate Rumors: Munich RE, Lululemon, Investors Bank

    Munich RE is reportedly paying between $850 million and $900 million for a Manhattan office tower, Lululemon is said to have sold a Boston building for more than $7 million, and Investors Bank has reportedly loaned $30 million for a Pennsylvania retail center.

  • November 19, 2019

    Ex-Jones Day Secretary Slams Attempt To Ax Disability Claim

    A former Jones Day secretary is claiming she did not simply rely on her own descriptions of her symptoms to justify why she should qualify for long-term disability benefits, pushing back against an insurance company's argument that a Tennessee federal court should toss her claims.

Expert Analysis

  • Life Settlements Industry Hot And Cold On New IRS Rules

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    Although the life settlements industry may welcome the Internal Revenue Service's final life insurance contract reporting regulations' new transitional timing and narrower reporting requirements, other aspects of the rules may disappoint, say Brian Casey and Thomas Sherman at Locke Lord.

  • How To Increase Diversity In International Arbitration

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    Halliburton v. Chubb, a case involving alleged arbitrator bias pending before the U.K. Supreme Court, spotlights the need for more diverse international arbitration panels, and offers an opportunity for the arbitration community to discuss global solutions, says Liliana Veru-Torres of Clyde & Co.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Pretrial Defenses For Payors Facing Quasi-Contract Claims

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    As part of their business-collections strategy, noncontracted medical providers are increasingly using quasi-contract theories of recovery to sue payors. But before leaping to settlement, payors should consider the viability of certain defense strategies, say attorneys at Troutman Sanders.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Aviation Sector Must Confront Airport Cyber Risks

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    While attempts to hack planes and airline databases have grabbed the headlines, aviation industry members and their insurers must also focus on the numerous serious cyber vulnerabilities presented by airports, say attorneys at Crowell & Moring.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opinion

    Pa. Balance Billing Law Would Hurt Access To Health Care

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    The Pennsylvania General Assembly's proposed legislation aiming to protect patients from balance billing would encourage insurers to cut emergency physicians out of their networks, driving down hospitals' reimbursements and jeopardizing patient care, says Richard Hamilton of Drexel University's College of Medicine.

  • M&A 'Pure Omission' Claims Test Limits Of Securities Laws

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    The plaintiffs in two recent federal appellate M&A cases did not successfully import so-called pure omission claims from Delaware fiduciary duty law into Section 14 of the Securities Exchange Act, but plaintiffs will likely keep trying to expand federal securities law on this premise, say Matthew Kilby and Rory Collins at FaegreBD.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Private Equity Wants To Buy Your Asbestos Liabilities

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    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.