Insurance

  • September 25, 2020

    Trump EO On Surprise Medical Bills Shocks Employer Groups

    President Donald Trump's recent executive order directing an already-swamped Congress to end surprise medical billing by Dec. 31 struck many in the employee benefits community as little more than a symbolic gesture — one that spotlights a significant issue for employers and benefit plans but fails to guarantee a solution.

  • September 25, 2020

    Ex-Lineman Tells 11th Circ. He Should Get Disability Benefits

    Former defensive lineman Darren Mickell urged the Eleventh Circuit Friday to overturn a lower court's ruling upholding the National Football League retirement plan's decision to deny him disability benefits, arguing the plan's board failed to consider any of the evidence he presented.

  • September 25, 2020

    Insurer Won't Have To Defend Roofing Co. From $5M Suit

    Employers Mutual Casualty Co. scored a win in not having to cover a $5 million roof damage suit against its policyholder Siplast Inc. after a Texas federal court ruled Friday that the policy excludes property damage caused by an insured's work.

  • September 25, 2020

    Premera Blue Cross Inks $6.85M HIPAA Deal, 2nd Largest Ever

    Premera Blue Cross has agreed to pay $6.85 million to settle a probe into whether it breached the Health Insurance Portability and Accountability Act in its handling of a 2015 data breach that affected nearly 11 million people, U.S. health officials said Friday.

  • September 25, 2020

    Medical Science Co. Wants Hiscox To Foot False Ad Defense

    A medical science company said Hiscox Inc. breached its insurance contract by not defending it against a suit from Georgia's attorney general alleging the company made more than $6.4 million from its fraudulent stem cell injection products.

  • September 25, 2020

    Gynecologist's COVID-19 Insurance Suit Survives Dismissal

    A Florida federal judge has denied an insurer's bid to toss a suit by a gynecologist's office alleging it wrongfully denied coverage of losses stemming from the COVID-19 shutdown, making it the fourth federal court case to move past the dismissal stage.

  • September 25, 2020

    Insurer Wants 3rd Circ. Say On Restaurant's Virus Suit Forum

    After being denied multiple bids to have a federal court hear a Pittsburgh restaurant's lawsuit seeking insurance coverage for COVID-19 closures, Motorists Mutual Insurance Co. will ask the Third Circuit to decide if the case belongs before a state judge or a federal one.

  • September 25, 2020

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

    This week in London saw Deutsche Bank sue the Italian city of Naples over derivatives, Nationwide Building Society sue law firm Manches, and institutional investors file two new cases against supermarket chain Tesco. Here, Law360 looks at those and other new claims in the U.K.

  • September 24, 2020

    3 Highlights As Trump Makes Flimsy Vow On ACA Protections

    President Donald Trump on Thursday delivered a seemingly toothless promise to shield Americans with preexisting conditions, issued an ultimatum on legislation to curb surprise medical billing and unexpectedly announced he's mailing tens of millions of $200 drug discount cards just before the election.

  • September 24, 2020

    Insurer Needn't Cover Church's $5M Bad Faith Claims

    A Louisiana federal judge axed a church's suit alleging bad insurance practice and seeking over $5 million in damages from GuideOne Mutual Insurance Co., holding that the church does not have an insurable interest because it was only a lessee of the property.

  • September 24, 2020

    Appeal 'Overlap' Preserves Akebia Kidney Drug Coverage Suit

    A Massachusetts federal judge on Thursday rejected the federal government's bid to toss Akebia Therapeutics Inc.'s suit challenging the Centers for Medicare & Medicaid Services' exclusion of its kidney disease drug under Medicare Part D for certain uses, saying she would wait for a First Circuit appeal to play out before deciding the suit's fate.

  • September 24, 2020

    Insurers Lose ACA Health Exchange Tax Challenge In DC

    Washington, D.C.'s highest court tossed a lawsuit Thursday brought by a group of insurers challenging the District of Columbia's tax on non-Affordable Care Act plans to fund the district's health care exchange, ruling the tax was not preempted by the landmark law.

  • September 24, 2020

    Panel Weighs 'Middle Ground' For COVID-19 Insurance MDLs

    The Judicial Panel on Multidistrict Litigation grappled Thursday with whether to create five multidistrict litigation cases to centralize COVID-19 business interruption suits against four insurers and a group of Lloyd's of London underwriters, an approach one policyholder attorney called a "sensible middle ground" after the panel refused to form one nationwide MDL.

  • September 24, 2020

    Coronavirus Litigation: The Week In Review

    Disney faces claims that it wrongfully barred a maskless autistic boy from one of its stores, a racing group says Coca-Cola used the pandemic to ditch a $34 million sponsorship agreement, and an ex-UPS worker says she was wrongfully fired for taking time off work to quarantine.

  • September 24, 2020

    NJ Medical Network Faces ERISA Suit Over Excessive Fees

    Two former employees of Barnabas Health Inc., which does business as RWJBarnabas Health, have slapped the medical center network with a proposed ERISA class action in New Jersey federal court accusing it of letting its two retirement plans waste workers' money.

  • September 24, 2020

    Judge Calls Salon's COVID-19 Coverage Claim 'Nonsense'

    A California magistrate judge said a waxing salon's theory that its income loss was caused by state closure orders instead of COVID-19 is "nonsense," freeing Sentinel Insurance Co. and Hartford Financial Services Group from their alleged coverage duty.

  • September 24, 2020

    DC Circ. Weighs Reversal of Broker's Lifetime FINRA Ban

    A D.C. Circuit panel on Thursday questioned whether a former broker's lifetime ban from the securities industry could be classified as a punitive sanction when considering whether to reverse an order upholding the Financial Industry Regulatory Authority's ban against the broker.

  • September 24, 2020

    Insurers Win Litigation Ban In UK Claim Over $1B Texas Case

    A London judge ordered a British engineering and construction firm to withdraw U.S. litigation seeking to force 10 insurers to cover defense costs for a $1.4 billion cost-overrun suit in Texas, extending his prior anti-suit injunction.

  • September 24, 2020

    Deals Rumor Mill: Ant Group, Aviva, Sequoia Capital

    Ant Group expects to raise $35 billion or more in its planned IPO, multiple suitors have emerged for the €3 billion French business of British insurance company Aviva, and Sequoia Capital China is raising a $2.2 billion yuan-denominated fund. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • September 24, 2020

    Ex-Hauser Exec Wants Job OK'd Amid 'Varsity Blues' Fallout

    A former Hauser Inc. insurance executive, who resigned in the fallout of majority owner Mark Hauser's conviction in the "Varsity Blues" college admissions scheme, has asked a Georgia state court to clear him for a new job at a rival business.

  • September 24, 2020

    Attys Clash Over Venue For COVID-19 Ski Insurance MDL

    Attorneys representing skiers and insurance companies argued before the Judicial Panel on Multidistrict Litigation on Thursday about where to host two proposed multidistrict litigation cases alleging the insurers refused to cover ski trips canceled due to COVID-19.

  • September 23, 2020

    Veteran Mental Health Bill Sent To Trump, Other Bills Proceed

    U.S. Senate and House lawmakers passed a sweeping bill Wednesday to address mental health care for veterans, just days after the House passed a host of bills to bolster the national stockpile's medical supplies, update Medicaid benefits and let the government destroy counterfeit medical devices.

  • September 23, 2020

    Doctor Certification Group Ducks Antitrust Claims

    An Illinois federal judge permanently threw out an antitrust lawsuit Tuesday accusing a nonprofit that comprised medical specialty boards of illegally colluding with hospitals and insurers to force doctors into paying for recertification programs for their specialties, deeming the allegations too vague to survive.

  • September 23, 2020

    Rawlings Hits Back On Bid To Deny False Ad Suit Coverage

    Rawlings Sporting Goods Co. Inc. on Wednesday took a swing at its insurer's bid to duck its counterclaims over coverage in a suit alleging Rawlings lied about the weight of its bats, saying the exclusion the insurer leans on applies only to antitrust claims, not the false advertising allegations in the underlying suit.

  • September 23, 2020

    Clinic Faces Uphill Battle With Insurer, 11th Circ. Judge Warns

    An Eleventh Circuit judge on Wednesday warned the owner of several Georgia medical clinics that he has an "uphill battle" to win coverage for a damaged clinic roof from Zurich American Insurance Co. even if the panel revives its bad faith claims against the insurer.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • The Challenges Facing Trump's Drug Pricing Order

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    President Donald Trump's executive order on international reference pricing for Medicare drugs is likely to either languish in Congress or die in court, but more modest drug pricing reform measures may be viable in the coming year, say attorneys at Ropes & Gray.

  • Amazon Cases Show E-Tailer Product Liability Varies By State

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    The law around online marketplaces' exposure to litigation over products sold by third-party vendors is in flux — but a review of recent cases involving Amazon shows that a company's risk in these situations ultimately depends on state statutes, says Derek Rajavuori at Butler Snow.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • When Do Insureds' Legal Fees Constitute Defense Expenses?

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    An Oklahoma federal court's surprising decision in Turner v. XL Specialty Insurance — now on appeal before the Tenth Circuit — found that a named defendant's legal costs did not qualify as defense expenses, highlighting ambiguities in how "defense" is defined for insurance purposes, say David Kroeger and Catherine Doyle at Jenner & Block.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

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    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

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