Insurance Antitrust & Trade Regulation Civil Remedies

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Delaware Supreme Court Holds That Insured's Payment of Defense Costs Does Not Trigger Excess Insurer's Payment Obligations

On September 7, 2012, the Delaware Supreme Court, applying California law, held that the payment obligations of an excess insurer of Intel were not triggered when Intel had settled with the underlying insurer for less than...more

Broadening Application Of The Filed Rate Doctrine

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

Carrier Must Defend Insured Against Allegations That Could Give Rise to a Trade Libel Claim

On July 13, 2012, the Second Appellate District handed down its decision in Travelers Property Casualty Co. of America v. Charlotte Russe, Case No. B232771 (a copy is available here). This published opinion is significant...more

Recent Lawsuits Allege Anticompetitive Market Allocation Conspiracy by Blue Cross and Blue Shield

Two recent lawsuits allege that Blue Cross and Blue Shield entities in North Carolina and Alabama have violated federal and state antitrust laws by engaging in concerted action with other Blue Cross Blue Shield (BCBS) plans...more

2011 — The Year of The Breach: Consumers, companies, insurers, and legislators stake out positions after rash of data breaches

Originally Published in Insurance Law360. In the first seven months of 2011, a number of companies and institutions have reported large-scale data breaches. The causes of the breaches range from misplacement of data by...more

The "Defensive Medicine" Fraud

The idea that doctors order unnecessary tests to avoid being sued has enough surface plausibility that people nod "of course" as if it's undeniable truth. The "fraud" of "defensive medicine" is two fold: It doesn't really...more

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