Member Blogs

The federal Treasury, DOL, and HHS (collectively, the “Agencies”) jointly issued a new set of FAQs to address various issues regarding the requirement for most employer-provided and other applicable group health plans to cover contraceptives without cost-sharing under the preventive care mandate of the Affordable Care Act (the “Contraceptive Coverage Mandate”). In particular, the FAQs […] The post New FAQs Address Issues Related to Contraceptive Coverage under Group Health Plans appeared first on Haynes and Boone Blogs.

Last week, a New York federal court ruled that an insurer’s “exceedingly broad duty to defend the insured” extended to the policyholder’s indemnification of its landlords in an underlying tort claim. ConMed Corporation (“ConMed”), a medical technology company, filed suit against Federal Insurance Company (“Federal”), a division of Chubb, alleging that Federal breached the terms... Continue Reading

Nothing is certain in life except death, taxes, and now, data breaches. Data breaches are almost an unavoidable cost of doing business in a globally connected world. As if being victimized by cybercriminals wasn’t enough, cybersecurity and data privacy increasingly have become the focus of private class action litigation and government enforcement actions. But businesses [...]

Statutory penalty interest can be a significant exposure for insurers in some jurisdictions. A court’s recent ruling in Alticor Global Holdings Inc., et al. v. American International Specialty Lines Insurance Co., et al., Case No. 1:17-cv-388, 2022 U.S. Dist. LEXIS 130101 (W.D. Mich. June 8, 2022), illustrates the potentially steep cost. In Alticor, the insured... Continue Reading

A cross-office Bradley team recently scored a bad faith victory for Sinclair Oil on March 18, 2022. The case involved a hotly contested business interruption loss and the delayed and frustrating recovery process that followed. Sinclair believed that its post-fire business losses were clearly covered by their Marsh-manuscripted all risks policy and that it was...

In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective understanding of the law, as informed by counsel, as a defense to a bad faith claim may implicitly waive the privilege... Continue Reading