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Insurance
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June 26, 2024
Feds' 5th Circ. Win On Preventive Care May Imperil ACA
The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.
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June 25, 2024
Judge Likely To Block Medical Record Co.'s Anti-Bot CAPTCHAs
A Maryland federal judge appeared ready to enjoin electronic medical records company PointClickCare from restricting nursing home analytics company Real Time Medical Systems' automated access to its online repositories Tuesday, potentially taking an early crack at defining the 21st Century Cures Act's data sharing provisions.
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June 25, 2024
1 Of 2 Carriers Off Hook For $8M Garage Damage Verdict
An insurer for a now-defunct maintenance company has no duty to cover an $8 million jury verdict it faces over parking garage damage, an Indiana federal court ruled, adding that whether a separate insurer for the company must foot the bill can not yet be determined.
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June 25, 2024
Wash. Contractor, Insurer Resolve Redress Cost Dispute
A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.
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June 25, 2024
Wash. HOA Drops Water Damage Coverage Claims
A homeowners association agreed to drop its Washington federal case seeking up to $8.7 million in coverage for "hidden" water damage to its condos.
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June 25, 2024
Ga. Mom Calls Insurer's Escape Bid From Rape Suit 'Illusory'
The mother of a minor who was allegedly kidnapped and raped after a shooting at an Atlanta-area skating rink said Monday that a bid by the rink's insurance company to escape liability cannot stand.
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June 25, 2024
7th Circ. Backs State Farm's Employment Suit Coverage Win
State Farm is off the hook for a dispute between the former president of the College of DuPage and the board that fired and allegedly defamed him, the Seventh Circuit said, affirming a lower court's finding that another insurer should cover the litigation and $4 million settlement.
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June 24, 2024
Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death
Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.
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June 24, 2024
Architect Wants Roofer's Claim Nixed Over $17.6M School Fires
Connecticut architectural firm Silver Petrucelli & Associates Inc. asked a state judge on Monday to strike a cross-claim by a builder it accused of impermissably using blowtorches to attach flashing to a school roof, setting fires in December 2021 and July 2022 that caused an alleged $17.6 million in damage.
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June 24, 2024
Nev. Restaurant Co.'s COVID Suit Is Kept Alive
A group of insurers can't avoid a restaurant holding company's bid for coverage of COVID-19-related losses, a Nevada state court ruled, finding that the state supreme court's ruling on the subject didn't control the action because of an infectious disease endorsement in the company's policies.
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June 24, 2024
Doctor Left Text Trail Describing NBA Fraud Scheme, Jury Told
Prosecutors told a Manhattan federal jury that a Seattle medical professional sent a series of text messages detailing a plan to submit fraudulent claims to an NBA healthcare plan to obtain payouts, kicking off a second trial over the alleged scheme.
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June 24, 2024
NC Life Insurer Slaps Ex-Agents With Poaching Suit
North Carolina-based life insurance company Equis Financial LLC accused nine former independent contractors who sold policies for the insurer of breaching their employment agreements when they left to work for a rival insurance marketing company.
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June 24, 2024
No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms
The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.
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June 24, 2024
DOL Still Mulling Changes To Pension De-Risking Guidance
The U.S. Department of Labor told Congress in a new report Monday it hasn't ruled out changing guidance used by retirement plan managers when selecting an annuity provider for pension de-risking transactions, which involve the exchange of defined benefit pension plan liabilities for annuity insurance contracts.
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June 24, 2024
Landlord Says Insurer Botched Coverage For $1M State Deal
A Colorado landlord is accusing an insurance broker and carrier of secretly adding an endorsement to its policy to bar coverage for a $1 million settlement the landlord entered into to resolve a state investigation over alleged misuse of tenant funds.
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June 24, 2024
Insurer Says Paralympic Org Not Covered In Sex Abuse Row
The U.S. Olympic & Paralympic Committee should have no coverage in a lawsuit accusing it of negligence after a Paralympic swimmer said he was sexually abused by a teammate, an insurer for the committee told a Colorado federal court, citing an "absolute abuse or molestation" exclusion.
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June 24, 2024
Justices Won't Hear Objections To $2.67B BCBS Deal
The U.S. Supreme Court refused on Monday to review Home Depot's challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, along with a separate challenge of the attorney fees awarded for the deal.
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June 21, 2024
Builder's Water Damage Claim Covered, DC Circ. Says
A real estate developer and contractor are entitled to coverage for losses caused by water damage at a mixed-use development in the nation's capital, the D.C. Circuit ruled Friday, applying a policy exception that restores coverage for an insured peril that ensued from an excluded peril.
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June 21, 2024
No Coverage For La Quinta Sex Assault Claims, Insurer Says
The insurer of a La Quinta Inn & Suites location told a Texas federal court it owes no defense or indemnity in an underlying state court lawsuit alleging the hotel negligently failed to prevent the sexual assault of a minor on its property.
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June 21, 2024
Ga. Panel Orders New Trial In $2M Case Over Car Accident
The Georgia Court of Appeals on Friday reversed a judgment, vacated an attorney fee award and ordered a new trial in a case in which a jury awarded a man $2 million in damages after he was rear-ended while heading home from work in 2018.
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June 21, 2024
Mich. Appeals Panel Rescinds Coverage For Auto Policy Fraud
A Michigan appeals court panel said a trial court was wrong for not rescinding auto insurance coverage held by a woman who made misstatements on her insurance application before she was injured in an accident.
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June 21, 2024
GAO Says CMS Didn't Address Contractor Conflict Of Interest
The U.S. Government Accountability Office has backed a protest over a $30.65 million Centers for Medicare & Medicaid Services analytics task order, saying CMS failed to properly account for a conflict of interest involving a proposed subcontractor for the awardee.
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June 21, 2024
Wolverine Inks Deal To End PFAS Coverage Fight
Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."
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June 21, 2024
Mich. Panel Says Default Judgment Covered Per No-Fault Law
A Progressive unit must pay a $250,000 default judgment in a motor vehicle negligence case even though the insurer said its policyholder failed to cooperate, a Michigan appeals court ruled, finding a state Supreme Court decision predating Michigan's no-fault insurance reform was still applicable.
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June 21, 2024
5th Circ. Knocks Out National Block On ACA Preventive Care
The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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ERISA Litigation Faces New Frontiers In 2024
As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.