Insurance, Commercial Law & Contracts

A Recent Development in “Wage and Hour” Insurance

by Rachel Kronowitz, Jason Rubinstein | Gilbert LLP on 5/23/2013

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour...more

Insurance Coverage For Businesses Affected By The Oklahoma Tornado

by Koorosh Talieh | Perkins Coie on 5/23/2013

Many businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013. Early estimates indicate the tornado caused upwards of $2 billion in damage....more

OIG's Special Advisory Bulletin on the Effect of Exclusion—Continuing the Focus on Individual Accountability

by George Breen, Jonah Retzinger, Carrie Valiant | Epstein Becker & Green, P.C. on 5/23/2013

On May 8, 2013, the U.S. Department of Health and Human Services' Office of Inspector General ("OIG") released an Updated Special Advisory Bulletin on the Effect of Exclusion from the Participation in Federal Health Care...more

Exclusions: OIG Offers Relationship Counseling to Providers

by Summer Swallow | BakerHostetler on 5/22/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs...more

Groundhog Day for Tuomey: Jury Finds Hospital Violated Stark Law and False Claims Act

by Darby C. Allen, Donna S. Clark | BakerHostetler on 5/22/2013

On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more

Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth...

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/22/2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more

Judicial Notice Doctrine Bolstered by Court of Appeal Decision

by Travis Wall | Barger & Wolen on 5/22/2013

A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. ...more

Minnesota Policyholder Scores Victory on “Insured Contract” Coverage for Direct Liability Indemnification

by Rick Kubler, Nicholas Nierengarten | Gray Plant Mooty on 5/22/2013

The Eighth Circuit Court of Appeals recently ruled that an indemnitor’s insurer was obligated to provide coverage under the “insured contract” provision of a commercial general liability (CGL) policy for the indemnitee’s own,...more

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

by David L. Blinn | Low, Ball & Lynch on 5/22/2013

Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,...more

Retired County Employees Can Amend Their Complaint In An Attempt To Prove Existence Of A Contract for Health Benefits

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 5/22/2013

In 2008, the Sonoma County Board of Supervisors (“County”) acted to cap the county’s contributions for health care benefits for retired employees at $500 per month. The Sonoma County Association of Retired Employees...more

Can an Intervening Insurance Company Sue for Breach of Contract?

by Peter Bauman - Senior Associate at Tharpe &... on 5/22/2013

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

CFPB settles RESPA enforcement action involving affiliated business arrangements

by Richard J. Andreano, Jr. | Ballard Spahr LLP on 5/21/2013

The CFPB has announced the settlement of an enforcement action in which it was alleged that two affiliated business arrangements (ABAs) violated Section 8 of the Real Estate Settlement Procedures Act....more

Eighth Circuit Addresses Business Risk Exclusions

by Traub Lieberman Straus & Shrewsberry LLP on 5/21/2013

In its recent decision in Spirtas Co. v. Nautilus Ins. Co., 2013 U.S. App. LEXIS 10031 (8th Cir. May 20, 2013), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, had occasion to consider...more

Defense Cost Analysis in Complex Environmental Fee Claims

by David J. McMahon | Barger & Wolen on 5/21/2013

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more

Contribution Between Insurance Carriers And The Duty To Defend

by Peter Bauman - Senior Associate at Tharpe &... on 5/21/2013

In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more

Real World - May 2013: Mind the gap – insurance issues for tenant fit-out works

by Navpreet Janduar | Dechert LLP on 5/20/2013

Imagine the following scenario; your company has acquired a lease of a prime piece of real estate to accommodate its fast expanding business. The building’s footprint lies in the heart of the city’s commercial centre. The...more

Rx for HIPAA Compliance

by Mintz Levin - Privacy & Security on 5/20/2013

Weighing in at half the length of Tolstoy’s legendary tome War and Peace, it is no surprise that the thought of the impending deadline for compliance with the 538-page HIPAA Omnibus Rule has left many small clinical...more

Recent Insurance Coverage Decisions Of Note In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/20/2013

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health...

by Jessica Kracl, Sheva J. Sanders | Leonard, Street and Deinard on 5/17/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs....more