Conflict of Laws › Insurance › Civil Procedure

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more

Patton Boggs Reinsurance Newsletter- March 2013: Second Circuit Holds That Federal Common Law Governs the Interpretation of the...

In an insurance coverage dispute over disability insurance, the Second Circuit has joined the majority of federal circuit courts in holding that the question of whether a clause in a contract provides for arbitration is...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

Seventh Circuit Rules that Medical Necessity Trumps State-Imposed Cap on “Optional” Medicaid Coverage

In a class action lawsuit, the U.S. Court of Appeals for the 7th Circuit recently affirmed a lower court decision granting a preliminary injunction that prevented the state of Indiana from enforcing a $1,000 annual cap on...more

Illinois Supreme Court Refuses to Invalidate Policy Deadline for Uninsured Motorist Claims

Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state's law? This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois...more

Fifth Circuit Rejects Expansive Reading of Texas Law Regarding an Insured’s Right to Independent Counsel

Under Texas law, “when the facts to be adjudicated in [a] liability lawsuit are the same facts upon which coverage depends, the conflict of interest will prevent the insurer from conducting the defense.” N. Cnty. Mut. Ins....more

When Are Short Term Disability Claims NOT Governed by ERISA — This Case Explains When State Law Claims Are Not Preempted

When does ERISA govern short term disability payments? Take a look at this recent case, Behjou v. Bank of America et. al, [PDF] __ F.Supp. 3d __ (N.D. California May 1, 2012). FACTS: Behjou brought short term...more

Sedgwick Jury Trial Bad Faith Victory Results in Appellate Court Decision Barring Vicarious Liability

A couple of years ago, Sedgwick authored an amicus brief, which the California Court of Appeal in Watanabe v. California Physicians' Service (2008) 169 Cal.App.4th 56 relied upon to hold that California Health & Safety Code...more

In-Network Provider Has Standing to Pursue ERISA Remedies, But State Law Reimbursement Claim Completely Preempted by ERISA

In Montefiore Medical Center v. Teamsters Local 272, 642 F.3d 321 (2d Cir. 2011), the U.S. Court of Appeals for the Second Circuit held that an in-network provider's state law based reimbursement claim is completely preempted...more

Federal Court Dismisses Claim by Air Ambulance Company Seeking to Avoid California Workers' Compensation Official Medical Fee...

Earlier this year, California Shock Trauma Air Rescue (“CALSTAR”), an air ambulance company rendering services primarily in California, filed an action in federal court in Sacramento against more than 75 workers’ compensation...more

New Case Law Regarding Right to Cumis Fee Arbitration

Compulink v. St. Paul Fire Insurance Company: California Court of Appeal Holds Parties Required to Arbitrate Disputes Involving Cumis Counsel Fees. Please see full post for more information....more

Maryland Casualty Co. v. W.R. Grace & Co., Inc.--Conn.

Memorandum of Law of W.R. Grace & Co.--Conn. in Support of Its Motion for Relief From the Court's Earlier Ruling on Choice of Law

Defendant W. R. Grace & Co.--Conn. (“Grace”) submits this Memorandum of Law in support of its motion for relief from the Court's previous choice of law determination, based on the Court's inherent authority to modify an...more

Maryland Casualty Co. v. W.R. Grace & Co. -- Conn.

Memorandum of Law of W.R. Grace & Co. -- Conn. in Support of its Motion for Relief From the Court's Earlier Ruling on Choice of...

A brief submitted in a complex toxic tort insurance coverage case urging the court to employ its discretion and decline to rely on the law of the case doctrine and to revisit an earlier ruling as to choice of law in light of...more

New York's Choice of Law Doctrine in Coverage Cases is Moving Inexorably Toward the Site-Specific Approach

Published in Mealey's Litigation Report -- Insurance...more