The U.S. Court of Appeals for the Ninth Circuit has ruled that an insurer had no obligation to cover its insured’s agreement to settle a lawsuit where the insurer had not given its prior written consent to the settlement as required by the policy.

The Case

Assured Guaranty Municipal Corporation sued OneWest Bank, FSB, for

The U.S. Court of Appeals for the Eighth Circuit has ruled that an insurer did not have a duty to defend or indemnify an additional insured in connection with a lawsuit brought by a subcontractor’s employee who alleged that he had been injured in an explosion caused by condensate, concluding that the employee’s allegations fell

Twitter, Facebook, Instagram, and other forms of social media are becoming the dominant communication tools in today’s political and social discourse, often entirely supplanting traditional media’s role in public commentary. Social media’s emerging role, combined with the extreme divisions so evident in our country, have caused the courts to consider application of pre-Internet legal standards

Alan Rutkin article entitled, “Insight – Too Good to Be True?,” has been published in the February 2017 issue of Best’s Review magazine.

Click here to read the article.

Best’s Review:  February 2017. Copyrighted A.M. Best Company, Inc. 2017.  All Rights Reserved, Reprinted with Permission.

The Healthcare Fraud Prevention Partnership (“HFPP”), in conjunction with the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services (“CMS”), has recently issued a White Paper that outlines recommended actions to reduce opioid misuse and opioid-use disorders (“OUDs”) in the United States. It has been estimated that prescription opioid

For the first time in thirty years, the Substance Abuse and Mental Health Services Administration (“SAMHSA”), a branch of the U.S. Department of Health and Human Services (“HHS”), issued a final rule amending 42 CFR Part 2 (commonly referred to as “Part 2”) which governs the confidentiality of alcohol and drug abuse patient records. The

Christopher J. Kutner was quoted in a Part B News article entitled, “Beyond QPP: Check Your Readiness for Insurer-Based Physician Incentive Programs.”

Regarding non-federal physician incentive programs, Chris said they are about shifting to value-based payment options, so be sure you’re in a position to take it on. “Even without downside risk, you have to think about

No-Fault Insurer Timely Requested EUO Of Provider After Conducting Assignor’s EUO, Court Rules

On December 19, 2013, after receiving a health care provider’s bills requesting payment of assigned no-fault benefits, the insurer conducted a timely examination under oath (“EUO”) of the assignor. On January 9, 2014, believing that the assignor’s testimony raised questions regarding the

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2016.

New York Insurance Coverage Update — Compilation 2016

“Contractual Privity” Not Required For Project Consultant To Be “Additional Insured,” New York Trial Court Rules

Rockefeller Group Development Corp-oration, as an agent for 1221 Avenue Holdings LLC, contracted with A. Best Contracting Co., Inc. (“Abestco”) to have Abestco perform construction work at 1221 Avenue of the Americas in Manhattan. The contract allegedly required that

On January 27, 2017, President Donald J. Trump signed an executive order that temporarily restricts visitors from seven countries deemed to harbor terrorists. The order suspends for 90 days the immigrant and nonimmigrant entry into the United States by foreign nationals from Iran, Iraq, Sudan, Syria, Libya, Somalia and Yemen.  The Department of Homeland Security

After a wait of more than 10 years, on January 12, 2017, the EPA issued its final rule relating to reporting requirements under TSCA for nanoscale chemicals, being the agency’s first time in requiring such reporting.

We will not attempt to set out the particulars of the reporting requirements (e.g., what substances are reportable under the rule

The combination of globalization and the trend toward clean living has revolutionized the natural products industry, creating opportunities and presenting challenges. Opportunities include the availability of products and human capital from around the world. Bringing those resources into the United States, however, presents challenges. Companies that meet those challenges will have a competitive advantage.

NatureCare,

The Supreme Judicial Court of Maine, affirming a trial court’s decision, has ruled that assault and battery exclusions in an insurance policy issued to a bar precluded coverage for a negligence lawsuit against the bar stemming from an alleged fight.

The Case

Barnie’s Bar & Grill, Inc., was sued by a plaintiff who alleged that

A federal district court in Montana has ruled that a personal profits exclusion in a directors, officers, and managers liability and corporate indemnification (“D&O”) policy had been triggered by a special master’s finding that the insured officer had committed conversion – but only with respect to that claim.

The Case

After an officer of Global