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Insurance Industry Anti-Fraud Provisions

Cozen O'Connor

Supreme Court Orders Stand Down on Insurance Neutrality Test for Standing

Cozen O'Connor on

On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al.,1 nullifying the insurance neutrality test for insurer standing in bankruptcy...more

Goldberg Segalla

U.S. Supreme Court Holds that Insurers are Parties in Interest in Bankruptcy Proceedings and Can Object to Reorganization Plans

Goldberg Segalla on

Companies faced with numerous mass tort claims, such as asbestos claims, often seek bankruptcy protection. Reorganization plans may include § 524(g) channeling injunctions in which insurance assets are put into a trust to pay...more

White and Williams LLP

Supreme Court Endorses Broad Insurer Standing in Bankruptcy Reorganizations

The Supreme Court reversed the Fourth Circuit Court of Appeals in favor of insurance companies in a unanimous decision written by Justice Sotomayor. In short, the United States Supreme Court held today that insurers facing...more

White and Williams LLP

Fourth Circuit Holds That Cooperation Clause Does Not Apply to Insured's Conduct in Negotiating Bankruptcy Plan

White and Williams LLP on

In Hanson Permanente Cement, Inc. v. Kaiser Gypsum Co. (In re Kaiser Gypsum Co.), ____ F. 4th ____, 2023 U.S. App. LEXIS 3482 (4th Cir. Feb. 14, 2023), the Fourth Circuit ruled that an insured’s obligations under a typical...more

Michigan Auto Law

Changes to Michigan No Fault Insurance Fraud Rules

Michigan Auto Law on

A recent Michigan Court of Appeals ruling – which applied a landmark decision by the Michigan Supreme Court from 2020 – has put an end to insurance companies exploiting overly broad anti-fraud provisions in policies to deny...more

Allen Matkins

Is An Annuity Contract A Security?

Allen Matkins on

In general terms, an annuity contract involves the payment of money in return for a promise to receive payments on some periodic basis in the future. An obvious question therefore might be whether an annuity contract is a...more

Bricker Graydon LLP

When life hands you lemons, a computer judges you

Bricker Graydon LLP on

“Instantaneous and delightful.” These words are not typically used in connection with the purchase of insurance, let alone with the filing of an insurance claim. But that is a mantra of Lemonade Insurance Company, a New York...more

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