LexisNexis® Legal Newsroom
    In Congress: Light Floor Schedule, Heavy On Committees

    Republican leadership in the House and Senate will need to refocus their efforts this week, after a failed attempt to repeal and replace the Affordable Care Act. The lead-up to the canceled vote last week highlighted the divisions within the Republican conference, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

    Homeowner Wins $1.3M Against Ameriprise In Bad Faith Case

    A California state jury on Thursday awarded a homeowner more than $1.3 million in his dispute with an Ameriprise insurer over vandalism coverage, finding that the insurance company had failed to pay policy benefits and engaged in bad faith conduct.

    After Repeal Fails, GOP Faces Pressure To Make ACA Work

    The collapse of Republican efforts to repeal and replace the Affordable Care Act leaves GOP lawmakers and President Donald Trump facing strong pressure to help implement a law they have bitterly opposed for years, experts say.

    NY Law Applies In Chemtura Coverage Fight, Del. Justices Say

    Delaware's high court ruled Thursday that New York law applies to Chemtura Corp.'s entire dispute with Lloyd's of London underwriters over coverage for costs to clean up a pair of contaminated sites, overturning a lower holding that the laws of the states where the underlying claims arose should apply on a claim-by-claim basis.

    Liberty Mutual Looks To Fight Off Judge Recusal Bid

    Liberty Mutual Insurance Co. fought back Friday against a bid by Commercial Concrete Systems LLC to disqualify a Florida federal judge from adjudicating a breach of indemnity agreement suit, arguing the judge's brief stint as a lawyer at the firm advising Liberty does not indicate bias.

    2 Express Scripts Claims Tossed In Anthem Contract Dispute

    A New York federal judge on Thursday dismissed two of six counterclaims brought by Express Scripts against Anthem Inc. in a dispute over negotiations tied to a pharmacy benefit management services contract between the two companies, finding that they were too similar to another of Express Script’s allegations.

    Subscribers Ask Judge To Rethink Trimming BCBS Antitrust MDL

    Insurance subscribers in multidistrict litigation accusing Blue Cross Blue Shield of a massive price-fixing conspiracy asked an Alabama federal judge to reconsider some of his summary judgment ruling, arguing Thursday that the company’s out-of-state plans don't qualify for antitrust immunity.

    BREAKING: ACA Repeal Bill Pulled From House Floor

    House Republicans on Friday called off a vote to repeal and replace much of the Affordable Care Act, a dramatic setback after President Donald Trump shut down negotiations and tried to force the legislation ahead.

    Education Tech Co. Seeks To Revive FCA Suit Coverage Bid

    Education technology company HotChalk Inc. on Friday urged the Ninth Circuit to reverse a California federal judge's decision that it isn't covered for its costs to defend and settle a False Claims Act suit accusing it of unlawfully offering incentives to employees for student recruitment, saying the ruling renders its insurance policy worthless.

    Orion Denied Early Win In Terror Attack Insurance Suit

    A Texas federal judge on Thursday adopted a magistrate's recommendation issued last month and denied Orion Project Services LLC's bid for an early win on its claims that its insurer owes it defense costs for a suit brought by the family of a worker killed in a 2013 terror attack.

    Anthem Battles To Save $54B Cigna Deal At DC Circ. Hearing

    Anthem Inc. fought to salvage its thwarted $54 billion merger with Cigna Corp. during oral arguments before a D.C. Circuit panel on Friday, claiming that a trial judge ignored the deal’s massive medical cost savings when she blocked it for being anti-competitive.

    BOE To Hike UK Bank Fees To Meet £5.4M Brexit Bill

    The Bank of England said Friday it will hike the fees levied on the financial institutions and insurance firms it regulates to recover the £5.4 million ($6.7 million) of regulatory costs associated with Britain’s withdrawal from the European Union, and warned firms might need to cough up more money later on.

    Empower Regulators Amid Rising Populism, ECB Official Urges

    The European Union should hand greater powers to national and even regional regulators, a top European Central Bank official said Friday, in the face of surging nationalism in key member states.

    Google, NASA, Planes And A Stronger Legal Team

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

    Mealey's Insurance - Liquidator Of Insolvent Insurers: Claims Against Reinsurer Are Sufficient

    CHICAGO - The liquidator of a pair of insolvent insurers told a federal court in Illinois on March 22 that the claims she brings against a mortgage insurance reinsurer are sufficient to survive a motion to dismiss (People of the State of Illinois, ex rel., Acting Director of Insurance, Anne Melissa Dowling v. HMC Reinsurance Company, a Vermont Corporation, No. 16-cv-08156, N.D. Ill.).

    Mealey's Insurance - No Coverage Owed For Insured's Land, Relocation Damages, Federal Judge Rules

    TUSCALOOSA, Ala. - An Alabama federal judge on March 21 held that federal flood insurer does not owe coverage for an insured's claim for land and relocation damages arising from a heavy rain that caused a local river to flood (Crawford Nixon v. Nationwide Mutual Insurance Co., No. 15-00186, N.D. Ala., 2017 U.S. Dist. LEXIS 40239).

    Mealey's Insurance - Judge: Subcontractors Owe Defense To Subrogated Insurer's Negligence Claim

    BOSTON - Three subcontractors owe a defense to a general contractor against negligence and breach of the implied warranties of habitability and good workmanship claims brought by a subrogated insurer for water damage in a condominium building, a Massachusetts federal judge ruled March 22 (Philadelphia Indemnity Insurance Co. v. Consigli Construction Company Inc., et al. v. Central Ceilings Inc., No. 14-14687, D. Mass., 2017 U.S. Dist. LEXIS 41444).

    Mealey's Insurance - Judge Says Special Deposit Cannot Be Used To Pay Guarantor Expenses

    CHICAGO - An Illinois judge on March 22 sustained an insurance guaranty association's objection, finding that an insolvent insurer's special deposit cannot be used to pay the guaranty association's general administrative expenses (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the State of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).

    Mealey's Insurance - California Appeals Panel Affirms Insurer's Restitution Award In Fraud Suit

    SAN DIEGO - An insurer is entitled to $37,000 in restitution from a man who pleaded guilty to misrepresenting to the company that nurses he sent to work at skilled-nursing facilities were computer programmers to obtain a lower workers' compensation policy premium, a California appeals panel ruled March 22 in affirming the man's conviction (People v. John Paul Riddles, No. D069419, Calif. App., 4th Dist., 1st Div., 2017 Calif. App. LEXIS 259).

    Mealey's Insurance - Insurer Properly Considered Doctoral Program Requirements When Terminating Benefits

    GRAND RAPIDS, Mich. - A disability insurer's reliance on a claimant's attendance requirements for a doctoral degree program was properly considered by the insurer when it terminated the claimant's long-term disability benefits on the basis that the claimant was not disabled from performing "any gainful occupation," a Michigan federal judge said March 21 in granting the insurer's motion for judgment on the administrative record (Sherri Black v. Metropolitan Life Insurance Co., No. 15-1147, W.D. Mich., 2017 U.S. Dist. LEXIS 40168).

    Mealey's Insurance - Maryland Federal Judge Says Temporary Restraining Order Is Not Warranted

    BALTIMORE - A Maryland federal judge on March 22 denied an underlying plaintiff's motion for a temporary restraining order seeking to ban an insurer and its insured from reaching a settlement for an underlying judgment awarded for personal injuries in a lead paint exposure suit (CX Reinsurance Co. Ltd., v. Benjamin L. Kirson, et al., No. 15-3132, D. Md., 2017 U.S. Dist. LEXIS 41230).

    Mealey's Insurance - Florida Panel Affirms Court's Refusal To Conduct New Appraisal In Wilma Suit

    MIAMI - A Florida appeals panel on March 22 held that an insured's post-appraisal submission of increased costs in a Hurricane Wilma coverage dispute is not a legally sufficient basis to reopen the existing appraisal or conduct a new appraisal (Orlando Noa v. Florida Insurance Guaranty Association, No. 3D16-1367, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 3787).

    4 Tax Changes Delaying GOP Health Plan Vote

    As President Donald Trump and House Republicans struggle to get backers for their health care plan to replace the Affordable Care Act, Law360 looks at some of the controversial tax changes that are holding up a House vote.

    House Repeals Antitrust Immunity For Health Insurance Cos.

    The U.S. House of Representatives on Wednesday overwhelmingly passed a bill that restores the government’s ability to charge health insurers under federal antitrust laws, but while Republicans touted it as a way to protect competition and consumers, Democrats called such claims “exaggerated.”

    Texas Anesthesiologist Gets 3.5 Years For Health Care Fraud

    A Dallas anesthesiologist will spend about three and a half years in prison and must pay $7.4 million in restitution after a Texas federal jury found him guilty of seven counts of health care fraud, a Texas federal judge has ruled.