More Insurance Coverage

  • March 14, 2024

    An Insurance Attorney's Call To Military Service

    Jeffrey Bristol of Parrish Law PA is a self-described "later-in-life lawyer" wearing many hats because he has dedicated more than a decade to serving in multiple branches of the U.S. armed forces.

  • March 14, 2024

    Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'

    A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.

  • March 13, 2024

    Judge Says COVID Test Suit Depends On Conn. Justices

     A Connecticut federal judge trimmed several claims from a $783,000 suit over a COVID-19 testing bill that a health plan administrator allegedly failed to pay, but declined to rule on certain state law issues until the state's highest court can shed light on the statutes in an upcoming ruling.

  • March 13, 2024

    Ex-Agent Drops 'Toxic' Claims Against Insurer At Arbitration

    A former employee of a Pittsburgh-area insurance agency dropped her claims against her ex-employer the night before the case was scheduled to go to arbitration, and the insurer asked a federal court Wednesday to affirm the arbitrators' ruling dismissing the suit.

  • March 13, 2024

    Wash. Law Firm, Travelers Settle $136K Theft Coverage Fight

    A Seattle law firm and Travelers settled their coverage dispute over an employee's nearly $136,000 worth of unauthorized charges on a credit card, the parties told a Washington federal court.

  • March 13, 2024

    Insurance Firm Lavin Rindner Duffield Adds Wiley Rein Vets

    Lavin Rindner Duffield LLC has added two attorneys to its growing boutique insurance team, bringing on a former Washington, D.C., assistant U.S. attorney who is also a Wiley Rein LLP vet, and a former partner at Wiley who will enhance its offerings, the firm said Wednesday.

  • March 12, 2024

    Ex-Boy Scout Can Seek $120M Award From Insurers

    A Delaware bankruptcy judge has ruled that a former Boy Scout can keep suing the organization's insurers to collect a $120 million abuse judgment against his ex-Scoutmaster, even though the court entered an injunction barring similar lawsuits.

  • March 12, 2024

    UnitedHealth Can't Get Early Win In Workers' ERISA Suit

    A Minnesota federal court denied most of UnitedHealth Group Inc.'s bid for a pretrial win in a lawsuit alleging mismanagement of an employee 401(k) plan, finding Tuesday that allegations the company refused to ax underperforming funds to preserve a business relationship with Wells Fargo should go to trial.

  • March 12, 2024

    Colo. Lawmakers OK Multistate Online Insurance Tax Filing

    Insurance companies in Colorado would be required to pay some taxes through a multistate third-party online application under legislation approved by the state Senate.

  • March 11, 2024

    Biden Proposes More Mental Health Expansion In 2025 Budget

    The Biden administration's $7.3 trillion fiscal year 2025 spending blueprint unveiled Monday maintains a pledge to transform the nation's mental health system, but contains the least ambitious discretionary budget ask for the U.S. Department of Labor in four years.

  • March 11, 2024

    Injured Bus Rider Gave Up Right To Sue, Mich. Justices Told

    A Detroit public transit authority told the Michigan Supreme Court to affirm that an injured passenger can't pursue the authority for personal injury protection benefits under the state's no-fault law after assigning her right to the benefits to her medical providers.

  • March 11, 2024

    Prejudice Rule Applies To Property Claims, Colo. Justices Say

    A rule excusing some policyholders for filing late claims applies to occurrence-based, first-party homeowners' property policies, a divided Colorado Supreme Court held Monday, reversing two insurers' wins in a pair of coverage disputes over hail damage.

  • March 11, 2024

    Prudential Investors' $35M Settlement Gets Initial OK

    Prudential Financial Inc. shareholders have gotten an initial nod from a New Jersey federal judge for their $35 million deal to settle claims that the insurer hurt investors by allegedly misrepresenting certain trends affecting its life insurance reserves.

  • March 11, 2024

    NC Judge Scraps $8M Verdict In AXA Life Insurance Suit

    A North Carolina federal judge wiped out an $8 million jury award for historian and investment firm founder Malcolm Wiener in his lawsuit accusing AXA Equitable Life Insurance Co. of sabotaging his insurability with inaccurate health information reporting, finding Wiener had "no baseline" to support the award beyond $1 in nominal damages.

  • March 11, 2024

    Urologist Seeks Coverage For Defective Penile Implants Suit

    A urologist's medical device company told a California federal court that two insurers must cover it, the doctor and his practice in an underlying class action alleging that a silicone implant invented for penile enlargement, and the procedure that went with it, left patients with permanent damage.

  • March 11, 2024

    12 Attys Depart Plunkett Cooney For Own Firm

    A dozen Plunkett Cooney PC attorneys based in Michigan have broken away to create their own firm focused on auto insurance liability defense.

  • March 11, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.

  • March 11, 2024

    DOL Sends Fiduciary Rule Rewrite To White House

    The U.S. Department of Labor transmitted its retirement security proposal that would broaden the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act to a White House office for final review over the weekend.

  • March 08, 2024

    Deadline Drama Briefly Threatens Suit Against Insurer VSP

    A California federal judge threatened Thursday to toss Total Vision's antitrust claims accusing eye care insurance giant VSP of hamstringing it, in what appears to be a misreading of the schedule over missed deadlines that were actually pushed back, prompting the threat's retraction the next day.

  • March 08, 2024

    'It Erases Us': Sex Abuse Survivors Troubled By Wash. Bill

    Washington Gov. Jay Inslee is expected to sign into law a bill that eliminates time limits for bringing child sex abuse claims in the future, but survivors say they are disappointed by an amendment stripping the bill's retroactivity, saying the legislation doesn't go far enough to hold abusers accountable.

  • March 08, 2024

    Fla. Lawmakers OK Budget With Insurance, Sales Tax Breaks

    Florida is slated to renew a slew of sales tax holidays, provide a one-year insurance tax cut and extend the time period for taxpayers to seek tax settlements after a death or natural disaster under a $117.5 billion budget the state Legislature approved Friday.

  • March 08, 2024

    Coverage Capped At $300K In Crash Suit, 4th Circ. Told

    An insurer urged the Fourth Circuit to uphold a lower court's ruling restricting a couple's underinsured motorist coverage to $300,000 following a wreck, arguing that the policy's language prevails over a North Carolina statute and, as such, its payout is offset by three primary insurers' contributions.

  • March 07, 2024

    Pa. Justices To Consider Liability Of Parents Hiding Son's Gun

    The Supreme Court of Pennsylvania agreed to hear an appeal asking whether the parents of a convicted murderer can be held liable for the victim's family's emotional trauma because their alleged concealment of the murder weapon delayed the discovery of their son's body.

  • March 07, 2024

    Anti-Fraud Tool At Risk In 8th Circ. Billing Row, Carriers Say

    Insurers' ability to enter agreements that limit billings with healthcare providers, which they contend help combat insurance fraud, is up in the air in Minnesota as the Eighth Circuit gears up to hear arguments Thursday over whether such agreements violate a state law guaranteeing prompt automobile accident insurance payouts.

  • March 07, 2024

    Women In Insurance Law On Breaking Down Barriers

    Building a better environment for women in the legal industry starts from the top, women in insurance law told Law360. To mark International Women's Day, both junior and senior women attorneys share their experiences in the industry and offer words of advice.

Expert Analysis

  • Cannabis Supercenters: Key Benefits And Legal Issues

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    Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.

  • Challenging Standing In Antitrust Class Actions: Injury-In-Fact

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    As demonstrated in recent cases, the classic injury-in-fact requirement for Article III standing claimed in most antitrust suits is economic harm — and while concrete harm satisfies the requirement, litigants may still be able to challenge whether economic injury has occurred, say Michael Hamburger and Holly Tao at White & Case.

  • What ACA Preventive Care Ruling Means For Employers

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    Though a Texas federal court's recent ruling in Braidwood v. Becerra paves the way for employers to reimpose cost-sharing requirements on preventive care, companies considering making these changes to their group health and welfare plans should first analyze the financial and social impacts, says Rachel Shim at Holland & Knight.

  • Seeking IRS Accountability For Faulty Microcaptive Notice

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    Like the taxpayers in Standard Insurances v. U.S. seeking to expand earlier wins in microcaptive insurance cases that limit IRS use of improperly obtained information, others should consider ways to hold the agency accountable and provide incentive for it to follow the law going forward, says Joshua Smeltzer at Gray Reed.

  • AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust

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    Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.

  • Ch. 11 Ruling Stresses 5th Circ. Courts' Asset Sale Deference

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    A Texas federal court recently rejected a challenge to Fieldwood Energy’s Chapter 11 plan by several surety bond companies, serving as a reminder that courts within the Fifth Circuit give deference to the finality of asset sales where a stay of the applicable order has not been obtained, say Jonathan Lozano and Mark Dendinger at Bracewell.

  • The Important Role Of Contra Proferentem In ERISA Cases

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    A Pennsylvania federal court's recent decision in Stein v. Paul Revere Life Insurance illustrates what happens when ERISA plan terms are unclear, and why the contra proferentem principle should be applied uniformly in all ERISA cases, says Mark DeBofsky at DeBofsky Law.

  • No Surprises Act Gives Plan Sponsors Savings Opportunities

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    Under the No Surprises Act, the potential savings for an ERISA group health plan and its participants are significant, and sponsors should focus on the negotiation of third-party administrator service agreements to avoid exposure to breach of fiduciary claims for payment of excessive fees, say attorneys at Hall Benefits.

  • HHS Advisory Opinion Serves As Free Drug Program Guide

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    A careful review of the U.S. Department of Health and Human Services' recent advisory opinion and track record on free drug programs provides a rubric for manufacturers to ensure that similar programs are viewed favorably under the Anti-Kickback Statute, say Dominick DiSabatino and Cortney Inman at Sheppard Mullin.

  • ACA Anti-Discrimination Rules May Apply To 3rd-Party Admin

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    A Washington federal court's recent ruling in C.P. v. Blue Cross Blue Shield, where a third-party administrator applied plan rules that excluded gender-affirming care, potentially expands the scope of covered entities under the Affordable Care Act's anti-discrimination rule, say Kara Backus and Allison Jacobsen at Lane Powell.

  • Courts Should Follow 8th Circ. On ERISA Procedure Rules

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    Other courts should take note of the Eighth Circuit's refusal to view Yates v. Symetra Life Insurance as an administrative law claim and join the growing effort to restore regular civil procedure to Employee Retirement Income Security Act cases, says Mark DeBofsky at DeBofsky Law.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

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    A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

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