More Insurance Coverage
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March 27, 2024
NC Commissioner Says Insurance Mogul's Argument 'Mistaken'
The North Carolina insurance commissioner asked the state's Supreme Court on Tuesday to allow him to give his take on a group of insurers' lawsuit against embattled mogul Greg Lindberg that alleges he pilfered the insurance companies as owner, saying if the court lets him submit an amicus brief he'll explain how Lindberg's main argument is "mistaken."
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March 27, 2024
Farm Data Co. Wants To Bar Carlton Fields Atty From IP Suit
Lawyers for an agricultural industry data software outfit want a Carlton Fields lawyer banned from participating in a patent dispute with a rival startup because of her in-house involvement at the rival and work on an older trade secrets suit involving the same technology.
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March 27, 2024
6th Circ. Backs Allstate In Worker's Religious Bias Appeal
The Sixth Circuit declined Wednesday to reinstate a former Allstate employee's lawsuit alleging he was fired for expressing faith-based anti-LGBTQ views, saying he failed to rebut the company's argument that he was cut loose for his lackluster performance.
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March 27, 2024
2nd Circ. Weighs Broadening 'Claim' In Shareholder Dispute
The Second Circuit questioned Wednesday whether it should use a New York state appeals court ruling to broaden the meaning of "claim" in a propane company's directors and officers policy with a Liberty Mutual unit, including not just an entire underlying lawsuit but the individual causes of action within.
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March 27, 2024
Justices Grapple With Complex $3M Estate Tax Dispute
The U.S. Supreme Court confronted a complicated dispute Wednesday over whether the estate of a deceased building supply company owner should be taxed on $3 million in life insurance proceeds the company used to buy his shares after his death, with two justices seeming to take opposing sides.
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March 27, 2024
Feds Say Murdaugh Lied, Broke Plea Deal Over $9M Fraud
Alex Murdaugh, the South Carolina attorney serving a life sentence for killing his wife and son, was dishonest with the government and should potentially face a harsher prison sentence than the one proposed in a plea agreement on federal charges of stealing at least $9 million from clients, prosecutors said.
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March 27, 2024
Insurer Ducks Coverage Of Florida Law Firm Dispute
A personal injury law firm involved in a joint venture dispute has no insurance coverage for the litigation, a Florida federal judge has ruled, finding its policy only provided professional services liability, not anything else.
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March 27, 2024
Advice-Of-Counsel Defense Curbed From NC Tax Fraud Trial
Two St. Louis attorneys and a North Carolina insurance agent can't fall back on advice-of-counsel defenses during their upcoming tax fraud trial after a federal judge found that they had failed to follow court orders requiring them to hand over information about the advice they sought.
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March 27, 2024
Embattled Law Firm Can't Escape Hurricane Ad Suit
A Texas federal judge has agreed with a magistrate judge's recommendation in refusing to toss a suit seeking class damages over a troubled Houston law firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.
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March 27, 2024
BCBS Can't Escape Therapy Coverage Suit
A North Carolina federal judge refused to throw out a proposed class action accusing Blue Cross Blue Shield of unlawfully refusing to cover proton beam therapy to treat prostate cancer, saying the case could remain in court if a state worker health plan is added as a defendant.
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March 26, 2024
Alcoa Retirees Score Partial Win In Life Insurance Fight
Alcoa USA Corp. violated its collectively bargained obligations when it unilaterally cut off company-provided life insurance benefits, but was within its rights to pay retirees to waive their claims to benefits, an Indiana federal judge ruled.
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March 26, 2024
Insurance Mogul's Ex-Political Consultant Wants Own Retrial
A former political consultant charged alongside embattled insurance mogul Greg Lindberg wants their criminal retrial on wire fraud and bribery charges severed, telling a federal court that Lindberg's potential plan to throw him under the bus will destroy any defenses against the government's accusations.
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March 26, 2024
Geico Alleges $5.6M Billing Scam Targeted NY Insurance Cos.
The insurance giant Geico has sued a New Jersey man and three medical imaging companies in New York federal court, accusing them of a $5.6 million scheme to submit fraudulent bills for unnecessary or otherwise useless tests on auto accident victims.
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March 26, 2024
$4.5M Microcaptive Insurance Deduction Nixed By Tax Court
An eye doctor can't deduct more than $4.5 million in insurance premiums that he paid to two microcaptive companies because the payments don't qualify as valid insurance purchases for federal income tax purposes, the U.S. Tax Court ruled Tuesday.
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March 26, 2024
Gender Pay Bias Claims Against MetLife Allowed To Proceed
A New York federal judge in Manhattan trimmed hostile work environment and biased firing claims Tuesday from a gender discrimination lawsuit a fired female executive brought against insurance company MetLife, but said there was enough evidence the insurance giant paid her less than her male co-workers and denied her promotions.
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March 26, 2024
Meet The Calif. Atty Taking On Health Insurers' Use Of AI
With the health insurance industry under scrutiny over its use of algorithms and artificial intelligence in the patient coverage review process, California appellate attorney Glenn Danas saw an opening for litigation with what he calls a "high outrage factor."
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March 25, 2024
Judge Probes If $54M Deal Will Affect Tehum Care Ch. 11 Plan
A Texas bankruptcy judge Monday mulled if approving a settlement for prison health care company Tehum Care Services Inc. will lock in releases for a future Chapter 11 plan at the third day of a trial asking him to confirm the deal or toss the "Texas two-step" bankruptcy.
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March 25, 2024
Berkshire Hathaway Unit's Patent Must Undergo 3 PGRs
The Patent Trial and Appeal Board has instituted three post-grant reviews challenging a single Columbia Insurance Co. fire wall hanger patent, following petitions from Simpson Strong-Tie Company Inc.
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March 25, 2024
Creditor Says Fruit Grower Can't Cover Ch. 11 Expenses
A creditor of fruit producer Prima Wawona is asking a Delaware bankruptcy court to reject the company's Chapter 11 plan, saying it does not provide for the payment of nearly $5.3 million in workers' compensation expenses and other post-bankruptcy debts.
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March 25, 2024
Ex-Root Exec Gets 51 Months In Prison For $10.2M Theft
The former chief marketing officer for Columbus, Ohio-based car insurer Root Inc. has been sentenced to 51 months in prison followed by five years of supervised release for embezzling more than $10.2 million from his employer and spending it on plastic surgery, a yacht, a plane, and other personal expenses.
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March 25, 2024
Trump Gets Late Reprieve After Failing To Post $465M Bond
A New York appellate panel said Monday that Donald Trump can pause enforcement of the state attorney general's $465 million civil fraud judgment by posting just $175 million while he appeals, after the former president complained that he was unable to secure a bond for the entire amount.
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March 22, 2024
Kaiser's Ozempic Coverage Denial Is Discriminatory, Suit Says
Two Kaiser plans' refusal to cover new prescription weight loss drugs like Ozempic and Wegovy is "without any medical or scientific basis," a Washington state resident told a state court, alleging disability discrimination.
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March 22, 2024
Ind. Factory Adds To Historic $112M Bad Faith Coverage Win
A flooded factory building that was awarded $112 million in a historic bad faith win added to its victory Friday when an Indiana federal court denied its insurers' requests for a new trial and granted the factory more than $7 million in costs and interest.
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March 22, 2024
Ex-Ga. Insurance Head Cops To Healthcare Kickback Scheme
Former Georgia Insurance Commissioner John Oxendine pled guilty Friday to working with an Atlanta-area doctor to run a multimillion-dollar medical testing kickback scheme just weeks before he was set to face trial in federal court.
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March 22, 2024
5th Circ. Asked For Do-Over In Hurricane Coverage Feud
The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.
Expert Analysis
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Standing Issues Prevail In Wake Of Calif. Competition Ruling
Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.
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It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors
A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.
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An In-Depth Look At FDIC Reform Options After Bank Failures
Anthony Pirraglia and Melissa Hall at Loeb & Loeb explain the three coverage options for reforming the deposit insurance system, which were proposed in a recent report from the Federal Deposit Insurance Corp. in the wake of the Silicon Valley Bank and Signature Bank failures.
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Legal Considerations For Calif. Rental Vehicle Data Collection
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.
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Top 5 Privacy Cases To Watch, From Chatbots To Geolocation
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.
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Cos. Must Prepare For More ESG Scrutiny From All Sides
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.
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Texas Bankruptcy Ruling May Create Uncertainty For Sureties
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.
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2nd Circ. Reinsurance Ruling Correctly Applied English Law
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.
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ALI, Bar Groups Need More Defense Engagement For Balance
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.
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FCA Liability Lessons From HHS Psychotherapy Audit
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.
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What's Next For 5th Circ.'s ACA Preventive Care Suit
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.
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2nd Circ. Reinsurance Ruling Misconstrues English Law
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.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
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.