More Insurance Coverage

  • March 21, 2024

    Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit

    A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.

  • March 21, 2024

    EBSA Gets Level Funding Of $191.1M In Spending Deal

    Spending leaders in the House and Senate agreed Thursday to provide $191.1 million in fiscal year 2024 for the U.S. Department of Labor's sub-agency overseeing employee benefits, a level that's identical to what lawmakers agreed to last fiscal year.

  • March 20, 2024

    7th Circ. Closes Door On Italian Hotel's Virus Coverage Bid

    A luxury Italian hotel has no coverage for certain coronavirus-related losses, the Seventh Circuit affirmed on Wednesday, saying that the hotel's own filings contradicted its claim that it suffered a covered physical loss.

  • 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.

Expert Analysis

  • Legal Considerations For Calif. Rental Vehicle Data Collection

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    The legal implications under California’s Rental Passenger Vehicle Transactions Law must be thoroughly understood and navigated carefully, and rental companies operating in the state should consider some key factors before installing tracking devices in their vehicles, says Hannah Ji-Otto at Baker Donelson.

  • Top 5 Privacy Cases To Watch, From Chatbots To Geolocation

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    Litigation related to privacy law violations has been on the rise recently, and while some judges have pushed back on the novel theories set forth by plaintiffs, new privacy cases are launched almost every day, including notable ones on topics ranging from chatbots to geolocation, say Sushila Chanana and Rodolfo Rivera Aquino at Farella Braun.

  • Cos. Must Prepare For More ESG Scrutiny From All Sides

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    As businesses face challenges to their environmental, social and governance efforts and statements — both from those who find them inadequate, and from those who think they go too far — it is more important than ever to proceed with care in implementing and disclosing ESG initiatives, say attorneys at Skadden.

  • Texas Bankruptcy Ruling May Create Uncertainty For Sureties

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    A Texas federal court’s recent ruling in Markel Insurance v. Origin Bancorp casts uncertainty on the utility of commonly used contractual trust language, and highlights that sureties should not be put to the task of negotiating intercreditor agreements to protect their rights, says Lisa Tancredi at Womble Bond.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • FCA Liability Lessons From HHS Psychotherapy Audit

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    The U.S. Department of Health and Human Services' recent finding of improper Medicare payments for psychotherapy services provided in 2020-2021 might inspire whistleblowers to pursue allegations under the federal False Claims Act, but there are reasons to be skeptical of converting these audit results into expansive FCA liability, say attorneys at Sidley.

  • What's Next For 5th Circ.'s ACA Preventive Care Suit

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    The Fifth Circuit's high-profile Braidwood v. Becerra case has significant ramifications for Affordable Care Act coverage requirements, and there is precedent to suggest that it could be ultimately decided by the U.S. Supreme Court, says Nicholas DiCarlo at Zuckerman Spaeder.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • 6th Circ. Judge Correctly ID'd ERISA Civil Procedure Conflict

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    While the Sixth Circuit in Tranbarger v. Lincoln Life & Annuity recently affirmed a ruling that denied the plaintiff's disability benefits, one judge's concurrence should be commended for arguing that adjudication of such Employee Retirement Income Security Act cases fundamentally contradicts the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Law.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • What Banks Can Glean From FSB Climate Risk Report

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    Although a recent Financial Stability Board report doesn't aim to provide specific guidance to financial institutions on how to incorporate climate-related metrics into their frameworks, it may nonetheless be valuable given the general lack of comparative data on evolving climate-related compensation practices elsewhere, say attorneys at Sullivan & Cromwell.

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