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Insurance Industry Real Party in Interest

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Grants Insurers “Party in Interest” Standing in Chapter 11 Cases

In a rebuke of a common law doctrine that denied insurer standing in chapter 11, the U.S. Supreme Court ruled unanimously that insurers with financial responsibility for claims asserted in bankruptcy are parties in interest...more

Hinshaw & Culbertson - Insights for Insurers

New York Appellate Court Rules Insurer Accepting Service and Assigning Counsel to Defend Defunct Insured Retains Coverage Defenses...

On March 22, 2022, the Supreme Court of New York Appellate Division, First Department reversed a trial court order which had held an insurer—ordered to accept service on behalf of a defunct policyholder—was liable for the...more

Flaster Greenberg PC

New York Asbestos Ruling Could Change Insurers Approach

Flaster Greenberg PC on

Although many companies that historically used asbestos in their products have gone bankrupt, there are still many that have managed to survive. How? In some — perhaps many — cases, the answer may be due in no small part to...more

White and Williams LLP

Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

White and Williams LLP on

Arkansas employs the “made whole” doctrine, which requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer is entitled to recover in subrogation. As the Riley court established, an...more

Holland & Knight LLP

Tenth Circuit Upholds Great-West Stable Value Win in ERISA Case - Finds That Great-West Not a Fiduciary or Liable as a...

Holland & Knight LLP on

• The U.S. Court of Appeals for the Tenth Circuit affirms a District Court's holding that Great-West Life & Annuity Insurance Co. was not a fiduciary with respect to its stable value fund, even though it announced the fund's...more

Maynard Nexsen

Logos and Branding May Create Additional Parties to Insurance Coverage Litigation

Maynard Nexsen on

Insurance coverage lawyers, when defending carriers in first-party claims, regularly deal with the real party in interest issue. The insured’s lawyer, in filing the lawsuit, sometimes names the wrong issuing company, the...more

BakerHostetler

Texas Hospital Strikes Back at Aetna

BakerHostetler on

On February 23, 2015, Aetna filed suit in Texas federal court against Robert A. Behar, M.D. and North Cypress Medical Center (North Cypress), alleging that Dr. Behar, the CEO of North Cypress, offered impermissible ownership...more

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