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Insurance

  • April 24, 2019

    Pa. Atty General Gets UPMC-Highmark Suit Tossed, For Now

    A Pennsylvania federal judge Wednesday tossed the University of Pittsburgh Medical Center's attempt to stop the state attorney general from forcing it to negotiate with rival Highmark Inc., ruling that this is a speculative premise and unripe for adjudication until the attorney general takes action.

  • April 24, 2019

    Calif. Leaders OK Changes Curtailing Landmark Privacy Law

    California lawmakers have advanced eight industry-backed amendments that would scale back the scope of the state's landmark privacy law, including by changing how the law defines personal information.

  • April 24, 2019

    Homeowners Didn't Waive Privilege In Insurance Suit: Panel

    A Florida court erred when it found that homeowners had waived their attorney-client privilege in a coverage lawsuit against Citizens Property Insurance Corp. and ordered them to turn over potentially privileged information without first reviewing it privately, a state appeals court ruled Wednesday.

  • April 24, 2019

    Puerto Rico Insurer Argues Against Arbitration In $150M Suit

    A $150 million reinsurance fight over Puerto Rico's damage from hurricanes Maria and Irma cannot be arbitrated without breaking the island's laws, the Puerto Rican insurer Integrand told a federal court Tuesday.

  • April 24, 2019

    Investors Sue UnitedHealth In Chancery Over Billings Case

    A pension fund and a set of bank-managed investment funds sued UnitedHealth Group's directors and former top officer in Chancery Court late Wednesday, seeking damages on behalf of the company for alleged Medicare billing violations that the suit said could involve billions in false claims.

  • April 24, 2019

    Upper Deck Sues Liberty Mutual Over Antitrust Atty Pay

    The Upper Deck Co. sued Liberty Mutual Fire Insurance Co. in California federal court Wednesday, claiming the insurer hasn't followed through on covering Upper Deck in an antitrust lawsuit by rival trading card maker Leaf Trading Cards LLC.

  • April 24, 2019

    Car Equipment Co. Flips Ruling Capping Asbestos Coverage

    An Illinois appeals court on Tuesday ruled that thousands of asbestos personal injury actions against Hennessy Industries Inc. constitute multiple “occurrences” under the terms of its liability insurance policies, paving the way for the company to access additional coverage to fight the suits.

  • April 24, 2019

    NJ Man's Car Injury Award Upheld Against Insurer

    A New Jersey appellate panel upheld a $350,000 award for a man disabled in a car crash with a so-called phantom driver, ruling Wednesday that a trial court had rightly retried the damages portion of the case and nixed a lowball award it deemed a “miscarriage of justice.”

  • April 24, 2019

    Reed Smith Snags Miami Boutique Insurance Recovery Team

    Reed Smith announced Tuesday that it has picked up a name partner and four other attorneys from the Florida-based boutique insurance firm Ver Ploeg & Lumpkin, bolstering Reed Smith's insurance recovery practice in Miami.

  • April 24, 2019

    After 10 Days Of Jury Silence, Insys Exec Asks To Go Home

    One of the five former Insys Therapeutics Inc. executives on trial for conspiring to bribe doctors to prescribe an opioid spray to patients who did not need it is asking the court to let her await her verdict from home as the jury enters its 11th day of deliberation.

  • April 24, 2019

    Equifax Didn't Fix Duplicate Debts Under FCRA, Suit Says

    A Pennsylvania woman says Equifax Information Services violated the federal Fair Credit Reporting Act when it duplicated a debt on her credit report and failed to remove it in response to multiple disputes she submitted, according to a lawsuit filed Tuesday in Pittsburgh’s federal court.

  • April 23, 2019

    Insurer Must Defend Killer's Mother In Wrongful Death Suit

    A Wyoming man convicted of a 2014 murder was not an insured "resident" under his mother's homeowners insurance policy, so the insurer cannot cite a policy exclusion for intentional acts to deny her coverage of a wrongful death action brought by the victim's family, the Tenth Circuit ruled Tuesday.

  • April 23, 2019

    2 Insurance Brokers Aim To Duck Volcano Damage Class Suit

    Two Hawaii insurance brokers urged a federal court Monday to free them from a proposed class action alleging they left homeowners unprotected during a 2018 volcanic eruption by steering the residents to buy Lloyd’s of London policies that excluded lava damage coverage.

  • April 23, 2019

    Nationwide Wants Calif. Agency To Keeps Hands Off PTO Plan

    The administrator of a Nationwide Mutual Insurance paid time off benefits plan has sued California's labor secretary in Ohio federal court in a bid to stop her agency from scrapping an earlier agreement and forcing the plan to comply with the Golden State's labor laws.

  • April 23, 2019

    Med Mal Insurer On Hook For $2M In Bad Birth Suit

    A Missouri appeals court ruled Tuesday that a medical malpractice insurance company's policy for a doctor sued over a botched delivery causing both a mother and her baby to suffer permanent injuries must pay out $2 million — or twice the policy limit — because the two injuries are considered separate occurrences.

  • April 23, 2019

    Challengers Gun For DOJ’s CVS-Aetna Deal In Witness Lists

    Health care-focused economists and policy experts are the preferred advocates to speak against the U.S. Department of Justice settlement clearing CVS Health's acquisition of Aetna, according to new witness lists in the extraordinary D.C. federal court review of the $69 billion merger.

  • April 23, 2019

    Reinsurer Hannover Re Joins Rivals In Move Away From Coal

    German reinsurance giant Hannover Re SE has said it will scale back the coverage it provides to new coal-fired power plants or coal mines, joining a growing industry move away from fossil fuels.

  • April 23, 2019

    Cyberattack Reports Surge To 61% in 2018, Insurer Reveals

    There was a “sharp increase” in the number and the cost of cyberattacks in 2018, insurer Hiscox said on Tuesday, as it warned that more than three in five companies reported security breaches.

  • April 22, 2019

    3rd Circ. Says Transit Co. On Hook For Chocolate Mess

    A Third Circuit panel said a transportation company couldn’t wiggle out of liability for a melted chocolate delivery, ruling that the company was stuck paying for the muck even though it didn't convey the candy.

  • April 22, 2019

    NRA Says NY Regulator Is Impeding Its Lloyd's Subpoenas

    The National Rifle Association has asked for a New York federal court's help subpoenaing material from Lloyd's of London underwriters for the organization's lawsuit alleging New York authorities have tried to snuff it out, saying the state's financial services regulator is interfering with discovery by resisting service of those subpoenas.  

Expert Analysis

  • Justice Department's ACA Reversal Raises FCA Questions

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    The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • 'Act Of War' Questions In Cyberattack Insurance Case

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    Mondelez's suit against Zurich over coverage for the NotPetya ransomware attack is the first time a war exclusion has been litigated in the cyber insurance context, and it could have a significant impact on property and cyber policies, say Daniel Garrie and Peter Rosen of JAMS.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Miss. Insurers Should Beware The Voluntary Payment Doctrine

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    Recent decisions from the Fifth Circuit and Mississippi Supreme Court in Colony v. First Specialty illustrate that an insurer attempting to hedge its bets by voluntarily paying a settlement amount while also disputing coverage may risk precluding itself from seeking indemnity, say David Kroeger and Huiyi Chen of Jenner & Block.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.