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Department of Justice (DOJ) Insurance Industry

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Cozen O'Connor

The State AG Report – 09.05.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •FTC and Florida AG Put the Brakes on Alleged “Trucking...more

Lowenstein Sandler LLP

Closing Coverage Gaps: California Court Emphasizes the Importance of Coordinated Insurance Policies in Complex Claims Environments

Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more

Pillsbury - Policyholder Pulse blog

Narrowing the Professional Services Exclusion: Policyholder Lessons “Arising Out of” Practice Fusion v. Freedom Specialty...

A recent decision by a California appellate court in Practice Fusion, Inc. v. Freedom Specialty Insurance Company, denying the policyholder more than $118 million in Directors & Officers liability coverage based on an...more

Wiley Rein LLP

Seventh Circuit Holds Settlement Arising From Alleged False Claim Act Violations Does Not Necessarily Constitute Uninsurable...

Wiley Rein LLP on

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that a $100 million settlement between the United States government and a pharmaceutical company for claims arising under the False...more

Wiley Rein LLP

Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application

Wiley Rein LLP on

The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a warranty exclusion barred coverage for a claim arising from circumstances that were not disclosed in an insured’s application for...more

Farella Braun + Martel LLP

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third...

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more

Wiley Rein LLP

Kentucky Supreme Court Holds Prior Notice Exclusion Does Not Bar Coverage for Claims Related to Investigation Noticed and Accepted...

Wiley Rein LLP on

Applying Kentucky law, the Kentucky Supreme Court has held that a prior notice exclusion did not bar coverage for a claim related to a government investigation noticed and accepted by a prior insurer because the insurers were...more

Mintz - Health Care Viewpoints

DOJ Charges 10 Defendants for Allegedly Defrauding Public and Private Health Insurers Out of $11.1 Million Through Business Email...

On November 18, 2022, the U.S. Department of Justice (DOJ) announced charges against 10 defendants in its first coordinated action against individuals using business email compromise (BEC), money laundering, and wire fraud...more

ArentFox Schiff

Harvard, Like Many Students, Misses Application Deadline, Resulting in a $15 million Insurance Coverage Error

ArentFox Schiff on

Harvard University must pay its own defense costs in the ongoing legal challenges to its affirmative action program after losing a battle with its insurance carrier, Zurich American Insurance Company (Zurich)....more

Faegre Drinker Biddle & Reath LLP

Members of Congress Continue to Press DOJ on Health and Dental Insurance Antitrust Enforcement

Congressional leaders continue to seek information from the U.S. Department of Justice (DOJ) concerning the DOJ’s efforts to enforce the Competitive Health Insurance Reform Act (CHIRA), which partially repealed the...more

Hinshaw & Culbertson - Insights for Insurers

DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide

The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more

Cozen O'Connor

Ninth Circuit Affirms Application of Goods & Products Exclusion

Cozen O'Connor on

On March 9, 2022, the U.S. Court of Appeals for the Ninth Circuit, in Sentynl Therapeutics, Inc. v. U.S. Specialty Ins. Co, 2022 WL 706941 (9th Cir. Mar. 9, 2022) (applying California law), affirmed a district court’s holding...more

Arnall Golden Gregory LLP

AGG Food & Drug Newsletter - October 2021

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

Lowenstein Sandler LLP

In the Know: The Lowenstein Insurance Recovery Group’s Tip of the Month - October 2021

Lowenstein Sandler LLP on

A recent coverage case from Illinois is a helpful reminder to policyholders that they should not take no for an answer when insurers deny a claim based on uninsurability, restitution, disgorgement, or fraud. In fact, those...more

Benesch

Are Non-Compete Covenants Likely to Become Unenforceable after the Issuance of the Biden Administration’s Executive Order? Don’t...

Benesch on

On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more

Vinson & Elkins LLP

Proposed $30 Billion Merger Between Aon And Willis Towers Watson Collapses Under Increased Pressure From The Department Of Justice

Vinson & Elkins LLP on

On July 26, 2021, Aon PLC (“Aon”) and Willis Towers Watson PLC (“WTW”) announced the termination of a $30 billion proposed merger, citing an “impasse” with the Antitrust Division of the U.S. Department of Justice (“DOJ”). The...more

Lowenstein Sandler LLP

Protecting Against Environmental Risks

The Biden administration has made it clear that they plan to vigorously enforce federal environmental laws using the full power of the EPA and Department of Justice. In this episode, Howard Tollin, President – Environmental &...more

Foley & Lardner LLP

Reading the Leaves: What's in Store for Cannabis in 2021

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On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity. Public...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pioneer Metals Finishing Superfund Site: California Insurance Commissioner (As Liquidator of Western Employers Insurance Company)...

The United States Department of Justice (“DOJ”) announced in a February 1st Federal Register Notice a Settlement Agreement (“Settlement Agreement”) involving the Comprehensive Environmental Response, Compensation, and...more

Faegre Drinker Biddle & Reath LLP

New Amendment to McCarran-Ferguson Act Repeals Important Antitrust Exemption for Health and Dental Insurance Companies

Just before leaving office, former President Trump signed the Competitive Health Insurance Reform Act (CHIRA) on January 13, 2021. Among other things, CHIRA amends the McCarran-Ferguson Act to repeal the federal antitrust...more

Jones Day

New Law Eliminates 75-Year-Old Antitrust Exemption for "Business of Health Insurance"

Jones Day on

The Development: Congress unanimously passed and before leaving office, President Trump signed into law, the Competitive Health Insurance Reform Act ("CHIRA"). CHIRA limits application of the McCarran-Ferguson Act, an...more

Buchalter

Congress Makes Sweeping Changes to Money Laundering Enforcement

Buchalter on

On New Year’s Day 2021, Congress passed—over President Trump’s veto—a defense appropriations law containing the Anti-Money Laundering Act of 2020 (“AML Act”) and the Corporate Transparency Act, as part of a sweeping new set...more

King & Spalding

Congress Restores Application of Federal Antitrust Laws to Health Insurers

King & Spalding on

On December 23, 2020, the U.S. Senate unanimously passed the Competitive Health Insurance Reform Act of 2020, which includes a provision that would repeal the limited federal antitrust immunity currently granted to certain...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

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