LexisNexis® Legal Newsroom
    2 Blue Cross Support Orgs Escape Antitrust MDL

    An Alabama federal judge on Thursday let off the hook two organizations accused in multidistrict litigation of conspiring with Blue Cross Blue Shield insurance plans to fix prices paid to medical providers, saying they were “pawns” of their BCBS owners and were incapable of engaging in the alleged scheme.

    Axis Says Tilton Bought $5M Policy While Under SEC Scrutiny

    Patriarch Partners boss Lynn Tilton knew her funds were under investigation by the U.S. Securities and Exchange Commission in August 2011 when she shopped Axis Insurance Co. for $5 million in excess coverage, the insurer's lawyer told a Manhattan federal judge Friday.

    Blue Cross Fights Mich. Tribe's Doc Bid In ERISA Suit

    Blue Cross Blue Shield of Michigan on Thursday fought a bid by the Little River Band of Ottawa Indians to compel the insurer to disclose information about its allegedly hidden fees in the tribe’s suit claiming the insurer disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

    HUD Strikes Back Against Disparate Impact: Part 2

    The U.S. Department of Housing and Urban Development has recently responded to objections to its discriminatory effects rule. However, HUD's response places impractical burdens on insurers, and will likely be be challenged in the near future, says Robert Helfand of Carlton Fields Jorden Burt PA.

    When Your Client Is The President

    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

    Condo Builder Gets Another Chance In Defect Coverage Suit

    A Florida federal judge on Thursday conditionally agreed to reconsider his ruling that a general contractor's insurance policy barred coverage for a lawsuit over damage to a condo tower because the damage was to the contractor's own work, asking for more briefing.

    Insurer Suit Barred After Settlement, NJ Court Says

    The New Jersey Appellate Division on Thursday upheld a lower court ruling dismissing an insurance company's lawsuit against an engineering firm over damages to a condo during a renovation project, finding the complaint was filed after the homeowner had already settled related claims.

    Title Insurance Co. Seeks Sanctions In Coverage Row

    Fidelity National Title Insurance Co. asked a Pennsylvania federal judge Thursday to sanction Maxum Indemnity Co. for failing to comply with orders to produce discovery documents in a suit accusing the insurer of breaching an agreement to indemnify a title insurance agent that mismanaged funds connected to Fidelity insurance policies.

    Evanston Wants Redo In Sewage Injury Coverage Suit

    Evanston Insurance Co. urged an Alabama federal court Thursday to reconsider its decision denying a judgement on the insurer’s claim it didn’t have to cover a policyholder facing suits over injuries and property damage stemming from sewage overflow, saying the court erred in the application of a pollution exclusion.

    Construction Co. Urges 11th Circ. To Rethink Roof Coverage

    Core Construction Services Southeast Inc. asked the Eleventh Circuit on Wednesday to rehear an appeal concerning insurer Crum & Forster's obligations in a $2.5 million fight over hurricane damage to a condo complex.

    Obama Defends ACA, Urges Republicans To Drop Attacks

    President Barack Obama on Thursday delivered a strident defense of the Affordable Care Act, brushing off concerns about rising costs and calling on Republicans to embrace and expand the law.

    Talent Agent's Insurer Looks To Duck Hogan Sex Tape Suit

    The insurance company for a talent agency accused of a scheme to expose Hulk Hogan’s sex tape has filed suit in New York state court in an effort escape coverage of the wrestler’s latest lawsuit.

    Apache Ruling Curbs Digital Fraud Coverage For Complex Scams

    The Fifth Circuit's ruling Wednesday that Apache Corp. isn't covered for losses stemming from a fraudulent scheme that caused it to reroute vendor payments to a phony account curtails the use of computer fraud insurance to cover complex, multistep scams, requiring that an act of computer-based deception directly cause the loss, experts say.

    9th Circ. Gives FDIC Win In St. Paul Ambiguous-Exclusion Row

    The Ninth Circuit on Wednesday affirmed a lower court’s decision to grant summary judgment to the Federal Deposit Insurance Corp. in a dispute with insurer St. Paul Mercury over coverage for a defunct bank, agreeing with the Eleventh Circuit’s take on the same policy applied to a different bank.

    Calif. Justices Will Look At Sexual Abuse Coverage Issue

    The California Supreme Court has agreed to settle a question of whether insurance coverage applies to allegations that a construction company’s employee sexually assaulted a student at a San Bernardino, California, middle school, according to a petition order released on Thursday.

    Feds Say Insurer Owes Coverage For Naval Shipyard Cleanup

    The U.S. government Wednesday told a California federal court that Steadfast Insurance Co. should have to pay for the environmental remediation costs at a formal naval shipyard, intervening in a developer’s breach of contract and bad-faith lawsuit against the insurer.

    AT&T Tells Texas Court To Drop ERISA Insurance Dispute

    AT&T on Wednesday told a federal judge in Texas to dismiss a complaint brought by RedOak Hospital LLC alleging that it violated the Employee Retirement Income Security Act, because the “elaborate scheme” it alleges exists — whereby the hospital was stiffed on patient bills — is nothing more than an accounting dispute. 

    Trial Pros’ Secret To Courtroom Success

    Somewhat surprisingly, very few of the dozens of the "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

    Sinkhole Claims Limited By New Definition, Fla. Justices Say

    The Florida Supreme Court on Thursday concluded that a newer, more restrictive statutory definition of the term “covered claim” applies to sinkhole losses if the insurer that issued a policy before the definition took effect becomes insolvent after the effective date.

    Attorneys Ask 8th Circ. To Reverse Bad Class Deal Sanctions

    A group of attorneys on both sides of a $3.5 million class action settlement with United Services Automobile Association over its depreciation practices urged the Eighth Circuit on Wednesday to overturn sanctions issued for their alleged attempts to skirt federal judicial review of the deal.

    HUD Strikes Back Against Disparate Impact: Part 1

    After the U.S. Department of Housing and Urban Development adopted its "Discriminatory Effects Rule," multiple insurance companies challenged the rule. Robert Helfand, shareholder with Carlton Fields Jorden Burt PA, explains HUD's lengthy and aggressive rejection of the insurers' objections.

    ACA Claims Should Survive Aetna-Humana Back-Out, DOJ Says

    With trial nearing, competition officials urged a D.C. federal judge on Thursday not to toss allegations the Aetna-Humana merger would stifle competition in Affordable Care Act exchange markets after the companies pulled out of several, likening such dismissal to closing the blinds on an otherwise functioning factory.

    Alstom Seeks Sanctions For Insurer Ignoring ICC Order

    Energy giant Alstom on Wednesday urged a New York federal court to force a Brazilian insurer to follow a confirmed arbitration award by the International Chamber of Commerce keeping it from pursuing $24 million in claims, adding the insurer should be held in contempt and sanctioned for flouting court orders.

    Are Your Witnesses Watered Down?

    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

    Insurer Blasts Publisher's Sanctions Request In Coverage Suit

    Illinois National Insurance Co. fired back at McGraw-Hill’s demand for sanctions Wednesday in Illinois federal court, refuting claims that it has acted in bad faith and rejecting the publisher’s claim that the insurer lied for years about the location of its principal place of business.