LexisNexis® Legal Newsroom
    Mass. Case May Lead Policyholders To Limit Litigation Costs

    Massachusetts' highest court recently agreed to review a ruling that shoe maker Vibram's insurance companies can't recoup the sums they paid to defend the company in a trademark dispute, and attorneys say a ruling that the insurers do have a right to reimbursement could lead policyholders to try to limit their litigation costs.

    Dignity Health Escapes Indemnity Co.'s Med Mal Claims

    A longshore mutual insurance company on Thursday lost its suit against a hospital that performed surgery on one of its member’s workers who then died, with the California federal court saying an insurer doesn’t have standing to bring wrongful death claims.

    House To Consider Tax Relief Bill For Hurricane Victims

    Individuals affected by Hurricanes Harvey, Irma and Maria may be able to access their retirement accounts without getting penalized, and they may be able to claim bigger tax deductions for expensive property damage under a bill announced Friday.

    5th Circ. Won’t Rehear $4.4M Yahoo March Madness Ruling

    The Fifth Circuit on Friday said it will not reconsider a panel's determination that Yahoo Inc. owes $4.4 million after backing out of a deal with prize insurer SCA Promotions Inc. involving a March Madness contest, cementing the reversal of a district court ruling originally awarding the internet giant a $550,000 refund.

    Axis Gets Win In Patriarch Coverage Over Tilton Probe Case

    A New York federal judge Friday denied Lynn Tilton’s Patriarch Partners LLP insurance coverage for a $20 million U.S. Securities and Exchange Commission probe, saying it was already under investigation took out $5 million in excess coverage from Axis Insurance Co.

    QBE Can't Secure Coverage Of Force-Placed Insurance Actions

    A New York state judge has brought an end to QBE Americas Inc.’s suit seeking insurance coverage for a $19 million settlement of claims that it paid kickbacks to banks that drove up premiums for force-placed insurance, saying the claims are clearly excluded by the policies.

    Judge Wants More Info On $9.75M CalPERS Consultant Deal

    A California judge on Friday held off on approving a $9.75 million settlement between an actuarial consultant to the California Public Employees' Retirement System and a class of long-term care insurance policyholders who claim their rates unexpectedly increased, requesting more details about overall possible damages.

    Hospital Group Seeks To DQ Rival's Atty. In Antitrust Suit

    Southern Illinois Healthcare asked an Illinois federal judge Thursday to disqualify the lead attorney bringing an antitrust suit against the hospital chain, saying he is also a key witness in the case and responsible for much of the plaintiff’s business affairs.

    McCain Opposes ACA Repeal, Imperiling Bill

    Sen. John McCain, R-Ariz., may have derailed the latest attempt to repeal and replace the Affordable Care Act, issuing a statement Friday saying he would not support the bill for its rushed nature and lack of independent analysis.

    Amtrak Pollution Could Be 'Accidental,' Judge Says

    A New York federal judge hearing a dispute between Amtrak and a group of London market insurers over environmental cleanup coverage Thursday agreed with the rail company that the pollution could have been “accidental,” but he rejected Amtrak's definition of “sudden.”

    EEOC Says It Will Float Wellness Rule Update By Mid-2018

    The U.S. Equal Employment Opportunity Commission has set a mid-2018 target for proposing revisions to its regulations covering employer-sponsored wellness programs, according to a status report filed on Thursday in an AARP suit that last month saw the prior rules kicked back to the agency for review.

    Walgreens, Benefits Manager Hit With $1.5B Antitrust Suit

    A neighborhood pharmacy in Chicago hit benefits manager Prime Therapeutics and Walgreens with a $1.5 billion antitrust suit in Illinois federal court on Thursday alleging they are working together to push the mom-and-pop shop out of the market through an anticompetitive agreement.

    School Can't Use Med Residents To Get $3M FICA Refund

    A Utah federal judge has denied the University of Utah’s attempt to recoup $2.9 million in taxes the school paid related to its retirement plans, ruling that a Federal Insurance Contribution Act tax exemption for student employees does not apply to medical residents.

    Is An Assault On The Flood Exclusion Coming?

    There will be plenty of similarities between Katrina insurance claims and those arising from Harvey and Irma. This time around, however, expect to see arguments made that the Insurance Services Office’s 2011 amendments to the flood exclusion, contained in the organization’s homeowner’s policies, affect certain claims, says Randy Maniloff of White and Williams LLP.

    Global 20: Latham & Watkins

    Latham & Watkins LLP worked its way back onto Law360’s Global 20 list after a year of continent-spanning work representing the Kingdom of Saudi Arabia and Vista Oil & Gas, among others, in deals and offerings that were sometimes firsts of their kind in the client’s homeland.

    EU Urges U.K. To Finally Set Out Its Brexit Expectations

    The European Union’s chief Brexit negotiator welcomed Theresa May’s “constructive” speech on Britain’s exit from the EU on Friday, but urged the U.K.'s prime minister to swiftly establish a precise negotiating position.

    Final AML Guidance Issued For EU Electronic Fund Transfers

    Payment service providers need to fine-tune their procedures for tackling terrorist financing and money laundering in electronic fund transfers to bring themselves into line with European Union standards, according to final guidelines issued by the bloc's financial regulators on Friday.

    Mass. Digital Health Developments: What To Know Now

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

    The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

    UK Bid To Break Brexit Deadlock With Transition Period Offer

    British Prime Minister Theresa May on Friday proposed a two-year transition period following Britain’s exit from the European Union that would see the country's current regulatory framework stay in place until 2021.

    EU Approves Rules To Prevent Misselling Of Insurance

    European insurers will be forced to put consumers first when they develop and market policies from next year under new rules adopted by the European Commission. 

    US, EU Sign Major Deal To End Collateral For Reinsurers

    The European Union and the U.S. were due to sign a landmark deal on Friday to open up access for insurance firms to each other’s markets and wind down hefty collateral requirements for transatlantic reinsurers.

    Mealey's Insurance - Judge: Transfer Timing Doesn't Negate Health Insurance Anti-Assignment Clause

    TRENTON, N.J. - The fact that an insured assigned rights after incurring medical expenses does not change the enforceability of an anti-assignment provision in an Employment Retirement Income Security Act of 1974 case, a federal judge in New Jersey held Sept. 21 (Kayal Orthopaedic Center P.C., et al. v. Empire Blue Cross Blue Shield, No. 16-9059, D. N.J., 2017 U.S. Dist. LEXIS 153763).

    Mealey's Insurance - Judge: Homeowners' Claims Against Insurer Are Barred By Tract Housing Exclusion

    TACOMA, Wash. - A Washington federal judge on Sept. 19 granted a motion for summary judgment filed by an insurer in an insurance coverage suit brought by homeowners claiming faulty construction, finding that a tract housing exclusion applies (Maureen Hay, et al. v. American Safety Indemnity Company, No. 17-5077, W.D. Wash., 2017 U.S. Dist. LEXIS 152115).

    Mealey's Insurance - 10th Circuit Affirms Dismissal Of Insurer's Declaratory Judgment Suit

    DENVER - The 10th Circuit U.S. Court of Appeals on Sept. 20 affirmed a lower federal court's grant of an insurer's motion to dismiss its declaratory judgment lawsuit challenging coverage for a dispute over the right to control a church, rejecting the appellants' argument that the insurer has a duty to pay their attorney fees and costs (Church Mutual Insurance Co. v. The Salt Lake City Laumalie Ma'oni'oni Free Wesleyan Church of Tonga, et al., No. 17-4054, 10th Cir., 2017 U.S. App. LEXIS 18185).