Industry Updates

The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of various underlying shareholder actions involving allegations of undisclosed conflicts of interest in connection with a merger. In 2015, the insured entered into a merger agreement. As part of the merger, the insured’s shareholders received the right to 2.649 shares of the...By: Wiley Rein LLP

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising” injury coverage that is provided by the Coverage B part of a general liability insurance policy. It also discusses the nuances among some of the enumerated offenses and claims through which these offenses are alleged. Originally published in the Summer 2025 issue of USLAW...By: Rivkin Radler LLP

After more than a decade of litigation and more than $5 billion in settlements, the Blue Cross Blue Shield Association (“BCBSA”) and its affiliate insurance companies (the “BCBS Entities”) appear to be up to their old tricks. Boston Children’s Hospital and over 20 affiliated entities filed a sweeping antitrust lawsuit on June 16, 2025, in the U.S. District Court for the District of Massachusetts — Boston Children’s Hospital, et al. v. Blue Cross Blue Shield Association, et al., Case No....By: Arnall Golden Gregory LLP

In the ever-evolving world of healthcare billing, two recent reported California appellate court decisions, Naranjo v. Doctors Medical Center of Modesto and Dameron Hospital Association v. Progressive Casualty Insurance Company, alert hospitals to a range of possible liability risks arising from their communications about patient charges....By: Davis Wright Tremaine LLP

Blockbuster health insurers continue to face scrutiny from the new administration amid an unprecedented shift toward eliminating fraud, waste, and abuse from the healthcare industry....By: Arnall Golden Gregory LLP

The Chief Judge of the U.S. District Court for the District of Montana recently certified a class action against Blue Cross Blue Shield of Montana for its standard operating procedure of reviewing and denying claims in violation of Montana law. The lawsuit, originally filed by the Rutherford family, alleges that BCBS of Montana regularly violates Montana’s Unfair Claims Settlement Practices Act, which prohibits an insurer from having a “general business practice” of, among other things,...By: Arnall Golden Gregory LLP

On June 25, 2025, Law No. 89/2025 (the “Italian Space Law”) came into force, marking a pivotal development in Italy’s approach to space activities to promote investments in the space economy. For the first time, Italy will have a unified and comprehensive legal framework governing space operations, addressing a sector that, until now, has been regulated only by a patchwork of international treaties and limited domestic provisions....By: A&O Shearman

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform takes hold in Georgia, and our privacy team gives their top 5 updates for insurers....By: Alston & Bird

The Consumer Financial Protection Bureau recently signaled a retreat from its regulatory and enforcement posture by outlining its 2025 supervisory and enforcement priorities and rescinding 67 regulatory guidance documents. In light of this federal pullback, states are seeking to fill the void....By: Eversheds Sutherland (US) LLP

Pioneer Construction Company, Inc., Eastern Alliance Insurance Company, and employers Alliance, Inc. v. Insight Pharmaceuticals, LLC d/b/a Insight Pharmacy; No. 867 C.D. 2022; filed May 12, 2025; Judge Covey - A workers’ compensation insurer initiated a Billing Review Petition, claiming it had overpaid a pharmacy for medication previously deemed neither reasonable nor necessary in a 2015 Utilization Review Determination. The insurer sought reimbursement through the Workers’ Compensation Judge,...By: Marshall Dennehey

It is widely understood that fine art collectors frequently identify investment as a primary motivation for acquiring fine art. Considering the fluctuating financial markets and prevailing global uncertainties, many fine art collectors are actively seeking innovative strategies to alleviate financial pressures by unlocking liquidity. A relatively recent solution provided by numerous prominent financial institutions that is growing in popularity is the offering of collateral loans secured by fine...By: J.S. Held

On Thursday, June 12, 2025, a panel of the United States Court of Appeals for the Fifth Circuit issued two rulings construing parts of the No Surprises Act (NSA) to limit judicial review of arbitration awards issued under the NSA’s provider/payor dispute resolution mechanism....By: King & Spalding

Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit disputed claims to binding arbitration....By: ArentFox Schiff

The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time period. Insurers further reduce their risk by “deeming” related claims to be a single claim made on the earliest date the first claim was made, rather than multiple claims that could reach the policy’s aggregate limit....By: Bradley Arant Boult Cummings LLP

On June 20, 2025, the Department of Health and Human Services’ Office of Inspector General (“OIG”) issued an unfavorable advisory opinion - OIG Advisory Opinion 25-04 (“AO 25-04”)....By: Epstein Becker & Green

We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is self-executing, the court opened a path for these insurers to arbitrate coverage disputes, even where state law prohibits insurers from doing so. Coverage under a claims-made policy may hinge on whether two events are related. And this can become muddled where a person of...By: Rivkin Radler LLP

On June 23, 2025, Governor DeSantis signed HB 913. This law is effective July 1, 2025. This is Part I of a two-part summary and contains the changes to the Condominium Act and Fla. Stat. 553.899, of which condominium associations need to be aware. These changes are not applicable to homeowner associations governed by Fla. Stats. Chapter 720. While comprehensive, this summary is a general outline of most, but not all, changes applicable to condominium associations. You should check directly with...By: Roetzel & Andress

In today’s volatile global economy, companies are learning the hard way that political shocks—whether through trade sanctions, military conflict or abrupt regulatory change—can wreak havoc on supply chains. And worse, many are discovering that their existing insurance coverage may not offer relief....By: Pillsbury - Policyholder Pulse blog

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit split, the U.S. Supreme Court determined that Title I’s protections do not extend to retirees who do not hold or seek employment at the time of the alleged discrimination. Stanley v. City of Sanford, No. 23-997 (June 20, 2025)....By: Jackson Lewis P.C.

In a decision about ERISA’s fiduciary duties and transparency, the Sixth Circuit in Tiara Yachts, Inc. v. Blue Cross Blue Shield of Michigan held that Blue Cross Blue Shield of Michigan (BCBSM), a third-party administrator (TPA) for the Tiara Yachts, Inc. (Tiara Yachts) self-insured plan, acted as an ERISA fiduciary when it made decisions about pricing and the payment of claims and therefore must abide by ERISA’s fiduciary standards....By: Polsinelli

For employers offering benefit plans, fiduciary responsibility is not just a legal designation. Under the Employee Retirement Income Security Act of 1974, as amended, the fiduciary duty is the highest standard of care recognized under the law....By: Hall Benefits Law

Property insurers have faced significant headwinds in recent years due to the combination of severe weather events, inflation, volatility in reinsurance availability and pricing, regulatory uncertainty and technological disruption. Agile operators can adapt to these challenges through innovation to serve customers and remain in sound financial health. One of these innovative companies is Porch Group, Inc. (Nasdaq: PRCH), which has plans to build a profitable homeowners insurance business using a...By: Eversheds Sutherland (US) LLP

If you’ve been injured in a car accident in Florida, can you file an insurance claim? While you can always seek coverage under your own collision and personal injury protection (PIP) policies, car accident victims can file claims under the other driver’s liability policy in some cases as well. If you have uninsured motorist (UM) coverage, you can also file a UM claim if the other driver is responsible for the accident and doesn’t have liability coverage....By: Searcy Denney Scarola Barnhart & Shipley

In the rapidly advancing world of artificial intelligence (AI), businesses are encountering new frontiers of innovation whilst also facing novel risks, prompting the need for robust insurance solutions. This article offers practical guidance for corporates seeking to ensure they have comprehensive AI coverage. It explores the dynamic landscape of AI insurance, analysing the industry's current approach to AI in underwriting as well as how the market is evolving to offer affirmative AI solutions....By: Hogan Lovells

While the concept of preemption dates back almost two centuries, the scope and extent of preemption remains a hot topic of litigation, especially when considering the preemptive effect of the Federal Aviation Administration Authorization Act, otherwise known as “FAAAA.”...By: Weber Gallagher Simpson Stapleton Fires &

The Judgment addressed joined insurance claims brought by major aircraft lessors whose aircraft and engines were stranded in Russia following the imposition of sweeping Western sanctions and Russian government measures which prohibited the return of aircraft from Russia. The lessors sought to be indemnified under their own insurance policies (the “Lessor Policies”)....By: Pillsbury Winthrop Shaw Pittman LLP

If you’ve been injured in an accident, you may be entitled to financial compensation under Florida law. Accident victims can seek financial compensation in many circumstances—provided that they take the necessary steps to protect their legal rights......By: Searcy Denney Scarola Barnhart & Shipley

The recent federal district court decision in Faulk Company, Inc. v. Xavier Becerra, et al., No. 24-cv-00609-P (N.D. Tex. 2025) significantly alters the primary mechanism used by the U.S. Department of Health and Human Services (HHS) and the Internal Revenue Service (IRS) to enforce the Affordable Care Act (ACA)....By: Pullman & Comley - Labor, Employment and

In the wake of the 2021 Surfside condominium collapse, Florida enacted sweeping changes that affect condominium governance, structural maintenance requirements, and reserve funding obligations. These changes have not only increased the financial burden on many older associations but have also created significant challenges—and opportunities—for developers and investors looking to acquire and repurpose aging or financially distressed condominium buildings....By: DarrowEverett LLP

When an employee becomes disabled, a variety of questions arise regarding that employee’s entitlement to compensation and benefits. As a member of your company’s human resources or employee benefits department, employees and their families will often look to you to help them understand the impact of disability on the employee’s benefits and compensation during what is often a stressful time for them......By: Foley & Lardner LLP