LexisNexis® Legal Newsroom
    Property Loses Coverage When Vacant, Wash. Justices Say

    The Washington Supreme Court has ruled that an Essex Insurance Co. property policy immediately cuts off coverage for water damage when an insured building becomes vacant, rejecting the policyholders' contention that their property had to be vacant for 60 days before coverage could end.

    NJ Appeals Court Sides With Car Crash Victim's Estate

    A New Jersey court ruled Monday that an insurance policy covering a maid service’s van was in effect even when the owner was using her personal car to transport her staff and got into a crash in which an employee was killed.

    Lender's Losses Based On Title Policy Date, Ariz. Justices Say

    The Arizona Supreme Court found Monday that a property's value on the date that a lender's title insurance policy is issued should be used to calculate damages when a problem with the title on the property causes a borrower to default, ruling in Johnson Bank's coverage dispute with First American Title Insurance Co.

    Judge Won't Rehear Issue In Hole-In-One Coverage Dispute

    A West Virginia federal judge won't reconsider her decision that an insurance broker was an "agent" of Lloyd's of London, which is trying to avoid covering an expensive payout for a hole-in-one contest, saying Friday the request for her to do so was premature as long as discovery is ongoing.

    Blue Cross Units Want Out Of Alabama Antitrust MDL

    Blue Cross Blue Shield units in Arizona, Kansas, North Dakota, Wyoming and New York asked to be dismissed from four class actions in multidistrict litigation accusing the insurer of anti-competitive behavior, saying Friday they have no significant ties to Alabama, where the litigation is centered.

    ACA Payment Formula Robs Insurers, Suit Says

    So-called risk adjustment payments under the Affordable Care Act designed to offset the costs of sicker consumers have been improperly designed and disadvantage new health insurers, according to a first-of-its-kind lawsuit filed Monday in Maryland federal court.

    Recycler Wants Partial Reversal In Canceled Policy Row

    Before a lower magistrate judge concluded that Star Insurance Co. couldn't rescind its policies in an arson coverage dispute, a district judge erred by finding that willful intent needn’t be shown to rescind the policies, a California-based recycling company told the Ninth Circuit Friday, asking for partial reversal.

    Ensuring Compliance With New ACA Nondiscrimination Rules

    A new rule issued by the U.S. Department of Health and Human Services prohibits federally funded health programs from discriminating on the basis of race, color, national origin, sex, age or disability. To ensure compliance covered entities need to take several specific steps such as implementing more flexibility for certain types of care, like gender transitioning services, and providing meaningful access to individuals with limited English proficiency, say attorneys at McDermott Will & Emery LLP.

    Insurer On Hook For Nonprofit Management Suit, Receiver Says

    A court-appointed receiver is urging a Rhode Island federal court to not let Philadelphia Indemnity Insurance Co. off the hook in a fight over defense coverage for a suit connected to a defunct charity whose executives allegedly improperly managed its finances.

    News Outlets Win Access To Records In Sandusky Dispute

    Penn State University and its insurer will have to unseal records that led to a bombshell revelation last month that sex abuse allegations against ex-football coach Jerry Sandusky started in the 1970s, a state judge overseeing the dispute ruled Friday.

    5 Questions To Watch As DOJ Targets Carolinas HealthCare

    The U.S. Department of Justice's antitrust suit against Carolinas HealthCare System will test the extent to which dominant hospital chains can control where patients get treatment, an issue with major implications for cost-cutting efforts, experts say. Here are key questions to watch as the case proceeds.

    NY Judge Censured For Talking To Judge In Personal Case

    A New York state judge who twice improperly contacted a colleague presiding over her suit against Geico General Insurance Co. in connection with a fender-bender was recommended for censure on Thursday by a judicial oversight board, with two dissenting panel members recommending outright removal.

    Dish Copyright Suit Coverage Fight Belongs In NY, Court Told

    Dish Network on Friday urged a New York federal court to forbid Ace American Insurance Co. from proceeding with a parallel lawsuit in Colorado in their battle over coverage for copyright disputes with television broadcasters regarding the ad-skipping Hopper DVR.

    Getnick Adds Ex-NY AG Adviser To Its FCA Practice

    A former senior adviser to New York Attorney General Eric Schneiderman has joined Manhattan boutique Getnick & Getnick LLP as of counsel, where he will work on matters involving whistleblower and False Claims Act suits, the firm said Wednesday.

    Dutch State Sells Stake In Insurer ASR Through $1.1B IPO

    State-owned Dutch insurer ASR Nederland NV raised €1 billion ($1.1 billion) in an initial public offering on Friday as the government begins unloading shares in the company whose parent it rescued during the financial crisis, marking the latest IPO in Netherlands’ busy capital markets.

    Insurance Broker Can’t Dump Workers From Unpaid OT Trial

    A California judge on Friday rejected insurance broker Keenan & Associates' bid to keep a former claims examiner from also representing 150 other employees in an upcoming trial over unpaid overtime, saying he needs to see the parties' plans before deciding if a group trial is feasible.

    Subcontractor's Shoddy Work Is Covered, Iowa Justices Say

    A divided Iowa Supreme Court held Friday that damage caused by a subcontractor's shoddy workmanship may constitute an accident covered by a commercial general liability policy, affirming a decision requiring National Surety Corp. to pay nearly $12.5 million toward an underlying settlement of construction defect litigation.

    Mass. High Court To Mull VisionAid Counterclaim Coverage

    The First Circuit asked the Massachusetts Supreme Court to weigh in on whether VisionAid Inc.’s insurer must prosecute and pay for the lens cleaner maker’s counterclaim against a former executive who allegedly stole $400,000, saying Thursday the question and a related conflicts issue have broad implications. 

    Fla. High Court Axes 104-Week Workers' Comp Time Limit

    The Florida Supreme Court on Thursday struck down a provision in the state’s workers’ compensation law that limits temporary disability benefits to 104 weeks, extending it to 260 weeks as stipulated by an earlier version of the statute, saying that it was unconstitutional and “lacks adequate and sufficient safeguards.”

    US Fire Fights $2.5M Asbestos Payments At 5th Circ.

    Excess insurer U.S. Fire Insurance Co. has urged the Fifth Circuit to reverse an order requiring it to pay $2.5 million to Trinity Lloyd's Insurance Co. to cover the cost of asbestos claims against policyholder LGS Technologies Inc., arguing that its policy hasn't been implicated yet because several primary policies remain unexhausted.

    Insurance Challenges For Food And Supplement Manufacturers

    Several recent decisions in food and dietary supplement insurance coverage cases should serve as warnings to policyholders that they may have losses or liabilities which are excluded from traditional policies, but which don’t trigger coverage under newer policies ostensibly designed to capture excluded risks, say Marialuisa Gallozzi and Suzan Charlton at Covington & Burling LLP.

    Ch. 11 Ruling Curbs Policyholders' Use Of Excess Coverage

    A New York bankruptcy court's recent ruling that two excess insurers don't have to cover asbestos claims against Rapid-American Corp. until the limits of underlying policies have actually been paid further defangs a 1928 precedent that policyholders have used to tap excess coverage to pay losses not covered by lower-level carriers, experts say.

    Paraplegic Wins Bid To Count Attys' Fees In Award Math

    The California Supreme Court has concluded that certain attorneys’ fees should be included when a trial court calculates the constitutional limit of a jury’s penalty damage award, siding with a paraplegic veteran who saw his $19 million win against Stonebridge Life Insurance slashed by a lower judge.

    Board Denies Insurer's Request For $20M Over Tribal Loan

    The Interior Board of Indian Appeals has affirmed the Bureau of Indian Affairs’ rejection of Great American Life Insurance’s pursuit of $20 million it allegedly lost through a loan to a South Dakota tribal corporation, agreeing there is no solid proof the loan was guaranteed.

    Top NY Court Won't Expand Attorney-Client Privilege

    New York’s top court ruled Thursday that the threat of litigation is necessary in order to maintain attorney-client privilege for communications involving third parties, overturning an appellate court’s ruling favoring Bank of America in an insurer’s $1 billion lawsuit over toxic residential mortgage-backed securities.