Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming

Court upholds settlement in asbestos lawsuits

  Insurance  -   POSTED: 2009/06/19 08:14

The Supreme Court on Thursday agreed to let an insurance company settle some asbestos lawsuits for about $500 million in exchange for blocking any future litigation resulting from its long relationship with Johns Manville Corp., once the world's largest producer of asbestos.


Travelers Cos. had been named in lawsuits alleging that it tried to hide dangerous health effects of asbestos. The company argued that asbestos claims must be paid out of a trust created by Johns Manville in the 1980s and approved by a federal bankruptcy judge.

Asbestos is a mineral that was commonly used until the mid-1970s in insulation and fireproofing material. Exposure can increase the risk of lung cancer, mesothelioma and other ailments, according to federal health agencies.

Travelers settled with several groups of plaintiffs in 2004 with the caveat that federal courts make clear the company would not have to face any new similar lawsuits. The 2nd U.S Circuit Court of Appeals overturned lower-court approval of the settlement, saying a bankruptcy judge lacked the authority to act so broadly.

The high court on Thursday overturned that decision and sent the case back to the New York-based federal appeals court.


Michigan insurance rate court fight continues

  Insurance  -   POSTED: 2009/04/11 08:01

A Barry County judge has ruled that Michigan regulators must stop their practice of denying auto and home insurance rate filings that are based in part on credit scoring.

Friday's ruling by Circuit Judge James Fisher is a victory for the insurance industry in an ongoing dispute with the Michigan Office of Financial and Insurance Regulation. But it may just be temporary because the overall case likely is headed to the Michigan Supreme Court.

Gov. Jennifer Granholm's administration implemented rules to ban the use of credit scores in rate setting in 2005. Insurance companies sued to keep those rules from taking effect.

Insurers and regulators have been fighting in court since.



A federal judge on Monday refused to grant class-action status to lawsuits claiming that thousands of Gulf Coast hurricane victims were exposed to potentially toxic fumes while living in government-issued trailers.

U.S. District Judge Kurt Engelhardt ruled that a batch of lawsuits on behalf of hundreds of plaintiffs against the federal government and several trailer manufacturers can't be handled as a class action because each person's claim is unique and must be examined individually.


Government tests found elevated levels of formaldehyde in many of the trailers that housed victims of Katrina and Rita after those powerful hurricanes clobbered the Gulf Coast in 2005. Formaldehyde is a preservative that can cause breathing problems and is classified as a carcinogen.

Lawyers for the storm victims accuse trailer makers of using shoddy materials and building methods in a rush to meet the government's demand for emergency housing for the displaced. The attorneys had argued that a class-action lawsuit would efficiently resolve all the cases from Louisiana, Texas, Mississippi and Alabama that Engelhardt is presiding over in New Orleans.

But the judge said the cases involve hundreds of trailer models made by dozens of companies and occupied by people with varying medical histories and symptoms.

"Each plaintiffs' claims and alleged injuries will require an examination of individual evidence," Engelhardt wrote in a 50-page ruling.

Tony Buzbee, one of the lead lawyers for plaintiffs, said he respects the judge's decision but hasn't ruled out an appeal.


Insurer UnitedHealth posts lower 3Q profit

  Insurance  -   POSTED: 2008/11/06 02:19

Shares of UnitedHealth Group Inc. shot up more than 9 percent in premarket trading Thursday after the insurer released earnings that met expectations and offered some reassurance to Wall Street.

Minnetonka, Minn.-based UnitedHealth reported a 28 percent drop in third-quarter profit, driven in part by higher operating costs, lower investment income and settlements for class-action lawsuits. The second-largest U.S. health insurer said its net earnings fell to $920 million, or 75 cents per share, in the quarter ending Sept. 30, down from $1.28 billion, or 95 cents per share, in the same quarter last year.

But UnitedHealth also said revenue rose 8 percent to $20.2 billion from $18.7 billion a year ago.

Its adjusted profit was 73 cents per share, excluding a 2-cent benefit from a change in the estimate of net costs to settle a couple stock option-related lawsuits.

That matched Wall Street expectations. Analysts polled by Thomson Reuters also expected $20.04 billion in revenue.

Company shares rose to $23.75, up from a previous closing price of $21.67.

Goldman Sachs analyst Matthew Borsch said the insurer's results wound up 3 cents per share above his firm's estimate. Overall, the results show a "significant improvement" over the first half, Borsch said in a research note.

He also noted that the company's investment portfolio "remains sound and conservatively positioned."

UnitedHealth saw its total operating costs rise 12 percent to $18.6 billion due mainly to an 11 percent rise in medical costs.

The company also saw a 52 percent drop in investment income to $143 million from $302 million in the quarter.

UnitedHealth normally is the first large managed-care company to release earnings each quarter and is seen by many as a bellwether for the sector.

The company announced in July an $895 million payout to settle a class-action lawsuit over options backdating, a problem it has been wrestling with since 2006. The issue had led to the forced departure of former CEO Bill McGuire, who helped build UnitedHealth into a managed-care powerhouse.

The insurer agreed to settle a class-action lawsuit led by the California Public Employees Retirement System and Alaska Plumbing and Pipefitting Industry Pension Trust. The plaintiffs had argued that options backdating cost shareholders money.

UnitedHealth also agreed to pay $17 million to resolve another suit related to the Employee Retirement Income Security Act.


Katrina Insurance Cases to Be Heard

  Insurance  -   POSTED: 2008/02/27 08:10

Joseph Sher blamed much of the damage to his New Orleans apartment complex on water that inundated the city when levees failed in the aftermath of Hurricane Katrina. He sued Lafayette Insurance Co. after the insurer denied most of his claims by saying they were caused by "flood" and therefore not covered by his hazard policy.

Sher won a jury verdict in state Civil District Court that put the firm on the hook for the cost of repairs. The state's 4th Circuit Court of Appeal also sided with Sher in November.

Now Sher's case is one of two scheduled to be heard Tuesday by the state's highest court that have high-stakes implications for Louisiana's insurance market.

Both cases going before the Louisiana Supreme Court involve disputes over policy language between insurance companies and property owners after 2005 hurricanes Katrina and Rita.

Lafayette and other insurers say their homeowner policies don't cover damage from any type of flooding, including water from a levee breach. "A flood is a flood, without regard to cause," said Jim Whittle, assistant general counsel for the American Insurance Association.

In a separate but similar case last year, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that insurers aren't obligated to cover water damage from a levee failure.

Last week, the U.S. Supreme Court declined to hear appeals in that case from Xavier University and dozens of other Louisiana policyholders.

James Garner, one of Sher's lawyers, said the federal courts shouldn't have the last word in the dispute over damage from a levee breach. "One thing is certain: the Louisiana Supreme Court makes Louisiana law, not the 5th Circuit," Garner said.

The state Supreme Court also was scheduled to hear arguments Tuesday in a case centered on Louisiana's Valued Policy Law, which applies when a home is destroyed.

Mark and Barbara Landry, whose Vermilion Parish home was demolished during Hurricane Rita, sued Louisiana Citizens Property Insurance Corp. after the company denied their claim. The Landrys argued that the Valued Policy Law requires Citizens to cover all of the damage to their home, even if only part of the damage was caused by wind — a covered peril — while the rest was caused by flood water — a non-covered peril.

Citizens and other insurers say their policies cover damage from wind but not rising water, including wind-driven storm surge, and deny that the Valued Policy Law obligates them to pay for flood damage.


Health Net Inc. must pay client $9 million

  Insurance  -   POSTED: 2008/02/23 13:18

A woman who had her medical coverage canceled as she was undergoing treatment for breast cancer has been awarded more than $9 million in a case against one of California's largest health insurers.

Patsy Bates, 52, a hairdresser from Lakewood, had been left with more than $129,000 in unpaid medical bills when Health Net Inc. canceled her policy in 2004.

On Friday, arbitration judge Sam Cianchetti ordered Health Net to repay that amount while providing $8.4 million in punitive damages and $750,000 for emotional distress.

"It's hard to imagine a situation more trying than the one Bates has had to endure," Cianchetti wrote in the decision. "The rug was pulled out from underneath, and that occurred at a time when she is diagnosed with breast cancer, one of the leading causes of death for women."

Bates, a mother of two, said she screamed when she heard about the damage award.

"I am elated," she said.

Bates' attorney William Shernoff said he wanted other insurers to take notice of the award.

"We are going to put a stop to this practice," he said.

Health Net said it was implementing a freeze on policy cancelations that would last until the company sets up a third-party review panel to scrutinize cases.

"Obviously we regret the way that this has turned out, but we are intent on fixing the processes to maintain the public trust," spokesman David Olson said.

The award came a day after the Los Angeles city attorney sued Health Net, claiming it illegally canceled the coverage of about 1,600 patients. City Attorney Rocky Delgadillo also said the company illegally ran an incentive program in which it paid bonuses to an administrator for meeting targets of policy cancelations.

Health Net acknowledged that such a program existed in 2002 and 2003 but was subsequently scrapped.

"It's hard to imagine a policy more reprehensible than tying bonuses to encourage the recision of health insurance that helps keep the public well and alive," Cianchetti wrote in the Bates decision.

Bates had been insured with another company but was persuaded to switch over to a Health Net policy after an agent suggested she could save money.

She said she had undergone surgery to remove a tumor and had received her first two chemotherapy treatments when doctors stopped treating her because her bills were going unpaid.

"I was devastated. I didn't know what was going to happen," Bates said. "It's boggling that someone can do that to you."

Bates went on to complete her cancer treatment through a state-funded program.

Health Net also said it would review its practices and the way its brokers and agents are trained.


Justices Turn Aside Flood Insurance Plea

  Insurance  -   POSTED: 2008/02/19 05:12

The Supreme Court refused Tuesday to offer help to Hurricane Katrina victims who want their insurance companies to pay for flood damage to their homes and businesses.

The justices rejected appeals from Xavier University and 68 other individuals and businesses seeking to allow their lawsuits against the insurers to go forward.

Xavier asked the court to step in after the 5th U.S. Circuit Court of Appeals ruled that the policies did not cover damage from floods, even those that resulted from man-made failures such as the collapsed levees in New Orleans.

Other cases working their way through state courts have so far reached differing conclusions. A Louisiana appeals court has said that language excluding water damage from some insurance policies was ambiguous. The Louisiana Supreme Court will hear arguments in that case on Feb. 26.

Xavier and the other plaintiffs had asked the federal court to allow the state Supreme Court to rule on their suits as well. The 5th Circuit refused and the U.S. high court upheld that ruling on Tuesday.


Legal News | Breaking News | Law Promo News | Terms & Conditions | Privacy | Contact

Attorney Web Design by Law Promo

ⓒ Breaking Legal News Corp. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News Corp.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.
lawyer web design
   More Legal News
   Watch News/Interview Video
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Featured Law Firms
Chicago Law Firm
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
Eugene Criminal Defense
Law Office of Max J Mizejewski
Family Law. Call 541.505.9872
www.mjmlawoffice.com
Las Vegas Corporate Law Firm
Bryan A Lowe & Associates
Tax Law. Call 702.259.0002
www.bryanalowe.com
Dallas Employment Lawyer
Texas Labor Lawyer
Weinberg law firm.
www.wlfirm.com
Bay Area Probate Attorney
Bay area tax attorney
Law Offices of Steven M. Simrin
www.simrinlaw.com
Pittsburgh DUI Laywer
Pennsylvania DUI Lawyer
DUI. Call (412) 429-4360
www.gbmlawpittsburgh.com
Eugene personal injury lawyer
Eugene DUI, Criminal Defense. Call (541) 338-9111
www.arnoldlawfirm.com
Kelly Group P.C.
Business Litigation, Catastrophic
Injury. Call 212 704 0500
www.kellygrouppc.com
Professional License Defense
OC Criminal Defense
The Khouri Law Firm.
www.khourilaw.com
Chicago, IL Business Attorney
Corporate Lawyer
Roth Law Group, LLC.
www.rothlawgroup.com

   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  Class Action News
  The Legal Report
  Professional Writing Services
  Legal News Post
  Pittsburgh DWI Lawyer
  Bay Area Trust Attorney
  Crisis Legal News
  LA Whistleblower Lawyer
  Dallas Employment Lawyer
  Chicago Litigation Lawyers
  Kelly Group P.C.
  Military Trial
  Chicago Litigation Lawyer
  Sexual Harassment Lawyer
  Law Firm Network
  Legal News Journal
  Attorney Web Design
  Law firm logo design