U.S. Supreme Court Considers Whether Individual Mandate Is Unconstitutional

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 heard oral arguments on whether the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) that requires most Americans to purchase health care insurance is constitutional ( Department of Health and Human...

High Court Hears Arguments On Severability Of Individual Mandate In Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) In the first of two sessions on March 28, the U.S. Supreme Court heard oral arguments on whether, if the individual mandate contained in the Patient Protection and Affordable Care (PPACA) is found unconstitutional, it can be severed from the remainder of the act ( National...

High Court Hears Arguments On Constitutionality Of Expansion Of Medicaid Required By PPACA

WASHINGTON, D.C. - (Mealey's) In the final of four sessions of oral arguments held this week pertaining to the Patient Protection and Affordable Care Act (PPACA), the U.S. Supreme Court heard arguments March 28 on whether the act's expansion of Medicaid is constitutional ( State of Florida, et...

U.K. Supreme Court Dismisses Insurers' Appeals In Trigger Issue Action

LONDON - (Mealey's) In a landmark majority decision, the United Kingdom Supreme Court on March 28 overturned a split ruling on what constituted the "trigger" for an insurer's liability to indemnify an insured, finding that an insurer's obligation to indemnify an employer for mesothelioma...

Virginia Supreme Court Reaffirms Ruling In Global-Warming Coverage Dispute

RICHMOND, Va. - (Mealey's) An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend...

Insurance Rights Can Be Assigned To Asbestos Trusts, 3rd Circuit Holds

PHILADELPHIA - (Mealey's) The U.S. Bankruptcy Code trumps anti-assignment provisions in insurance policies, the Third Circuit U.S. Court of Appeals held May 1 ( In re: Federal-Mogul Global Inc., et al. , Nos. 09-2230 and 09-2231, 3rd Cir.; 2012 U.S. App. LEXIS 8814). ( Opinion. Document #48-120529...

Supreme Court Refuses To Hear Insurer's Appeal Of Reinstated $92.9 Million Judgment

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 25 denied an insurer's petition for a writ of certiorari challenging the Louisiana Supreme Court's finding that every member of a class of more than 18,000 insureds was entitled to recover the maximum $5,000 civil penalty based...

William A. Ruskin: Insurance Can Facilitate Environmental Transactions

By William A. Ruskin “Representations and Warranties” insurance has become a strategic option that can help clients mitigate risk and successfully buy and sell businesses. Over the past fifteen years, Reps and Warranties coverage has evolved to become a useful tool for getting deals done...

Judge: World Trade Center Properties Cannot Recover Against Aviation Defendants

NEW YORK — (Mealey’s) World Trade Center Properties LLC and its holding companies’ $4.09 billion insurance recovery stemming from the Sept. 11, 2001, terrorist attacks corresponds to and offsets their maximum potential tort damages recovery of $2.8 billion, a New York federal judge...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said Aug. 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

Goldberg Segalla Commentary: Emerging Trends And Changing Perspectives On Construction Defect Claims

By Thomas F. Segalla Ellen H. Greiper Matthew S. Lerner and Suzin L. Raso | [Editor's Note: Thomas F. Segalla , Ellen H. Greiper , and Matthew S. Lerner are partners and Suzin L. Raso is an associate in the Construction , General Liability , and Global Insurance Services Practice Groups of the...

Butler Pappas Commentary: Separating Fact From Fiction: Strategies For Contesting The Excess Consent Judgment

By Brian D. Webb [Editor's Note: Brian D. Webb, Esq., is a partner with the law firm of Butler Pappas Weihmuller Katz Craig LLP, which has offices in Tampa, Chicago, Philadelphia, Charlotte, Mobile, Tallahassee, and Miami. He is an experienced trial and appellate attorney specializing in extra...

Bates Carey Commentary: Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers

By John Husmann and Adam Fleischer [Editor's Note: John Husmann and Adam Fleischer are partners of the law firm Bates Carey Nicolaides in Chicago. Any commentary or opinions do not reflect the opinions of Bates Carey Nicolaides. Copyright © 2013 by John Husmann and Adam Fleischer. Responses...

A Third Wave In Asbestos Liabilities Lies Ahead: Actuarial Models Are Systematically Underestimating Exposures

By Bill Wilt and Alan Zimmermann | [Editor's Note: Bill Wilt, President of Assured Research, has had diverse roles in insurance including actuary, research analyst, and corporate development executive. Since founding Assured Research in 2011 the firm has focused on providing actionable research...

This Is Real Law: Expert Witness Malpractice: Making The Case For—And Against—Civil Liability

Captain Corcoran was never, never sick at sea. Well, hardly ever —as audiences familiar with Gilbert and Sullivan’s beloved 1878 comic opera H.M.S. Pinafore know so well. Indeed, they eagerly await the moment early in the opera when, challenged in song by his gallant crew, the ship’s...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

2nd Circuit: $5M Contingent Payment Pursuant To Sept. 11 Settlement Not Triggered

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York...

6 Critical Steps To Thoroughly Vet An Expert Witness

Expert Research Best Practices Seminar and $10 Gourmet Coffee Card Exclusively for Paralegals! Join LexisNexis® for a complimentary Expert Witness Research Best Practices Seminar where you will learn how to vet expert witnesses thoroughly, more efficiently and cost-effectively, with LexisNexis®...

U.S. Supreme Court Rejects Saudi Arabia’s Appeal Disputing Reopening Of 9/11 Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 30 refused to hear the Kingdom of Saudi Arabia’s appeal of the Second Circuit U.S. Court of Appeals’ finding that a lower federal court erred in denying insurers’ motion to reopen a judgment that dismissed sovereign...

Best Practices: 5 Critical Tasks To Thoroughly Vet Expert Witnesses

Expert Witness White Paper A good expert witness can be crucial to the success of your case. But determining who is right for the role and will perform effectively when called upon can be tricky. This white paper examines the essential steps you should take to ensure that your expert witness helps...

U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. — (Mealey’s) The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals’ finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an “act of war”...

On-Demand MedMal Webinar: How Firms Can Keep Up With Evolving Standards of Care While Reducing Costly Expert Witness Fees with LexisNexis MedMal Navigator®

Watch On-Demand Webinar Now. * Identify potential breaches in the standard of care before talking to an expert * Access comprehensive & authoritative medical research, legal content and medical images relevant to your case * Become well-versed in the key medical issues prior to consulting...

Class: Insurer Acted In Bad Faith In Relying On Earth Movement Exclusion (Watch The Videos)

RENO, Nev. — (Mealey’s) Counsel for a class of homeowners on Feb. 3 asked a jury during opening arguments in the Washoe County, Nevada, Second Judicial District Court to find that an insurer acted in bad faith by relying on an earth movement exclusion to deny coverage for damages sustained...

Expert To Jury: Insurer Was Correct In Relying On Earth Movement Exclusion (Watch The Videos)

RENO, Nev. — (Mealey’s) An insurer on Feb. 11 provided expert testimony to a jury in the Washoe County, Nevada, Second Judicial District Court that an earth movement exclusion was properly applied to disclaim insurance coverage ( Elizabeth Reimers, et al. v. Everest Indemnity Insurance Co...

Jury Awards $4.5 Million To Homeowners’ Class For Insurer’s Bad Faith (Watch The Videos)

RENO, Nev. — (Mealey’s) A jury in the Washoe County, Nevada, Second Judicial District Court on Feb. 13 awarded $4.5 million in compensatory damages for a commercial general liability insurer’s breach of its duty of good faith and fair dealing in declining a defense and indemnity for...