Editor’s Picks

Judge to Decide Fate of J&J Baby Powder Bankruptcy Strategy in February

Johnson & Johnson should know by the end of next month whether its controversial use of bankruptcy to try to resolve billions of dollars in cancer claims can proceed, or if the consumer products giant must fight roughly 38,000 lawsuits …

Updated CMS Guide Spells Out the Risk of Skipping CMS Review of Work Comp Settlements

Insurers that are inclined to skip a government review of proposed workers’ compensation settlements may think twice about that strategy because of an updated policy guideline issued by the Centers for Medicare and Medicaid Services on Jan. 11. For the …

Delaware Supreme: Insurers Have No Duty to Defend Rite Aid Against Opioid Lawsuits

Chubb Ltd. has no duty to defend Rite Aid Corp. against lawsuits filed by two Ohio counties that allege the drug store chain’s failure to identify suspicious orders contributed to an oversupply of opioids that forced the plaintiffs to pay …

N.Y. Court Reverses SWCB, Awards Benefits to Widow of World Trade Center Recovery Worker

A New York appellate court on Thursday reversed the State Workers’ Compensation Board and awarded death benefits to a court employee who contracted cancer years after participating in the rescue and recovery effort after the World Trade Center attack. A …

Viewpoint: Telehealth Risks and Predicted Impacts For 2022

The COVID-19 pandemic reshaped the delivery of healthcare – including the adoption of telehealth, defined as the delivery and facilitation of health-related services via telecommunications and digital communication technologies. Its usage soared as consumers and providers sought ways to safely …

Calif. Court of Appeal Allows 2 Insurers To Pursue Fraud Suits Against Pain Doctor

A decision by a California appellate court last month allows both Allstate and State Farm to pursue lawsuits seeking penalties against an Orange County pain-management doctor who is accused of over-billing insurers. California’s Insurance Fraud Prevention Act allows insurers or …

Architect Not Liable For Flawed Plans Submitted to Self-Certification Program

A Chicago ordinance that allows developers to bypass the usual plan review by city building officials by submitting self-certification from an architect did not give homeowners a right to take legal action against that architect after design flaws were discovered, …

Viewpoint: New Year’s Resolutions For Handling Short-Fuse Settlement Demands

The holidays — parties, family, and the spirit of giving. Some personal injury plaintiff’s attorneys really get into the spirit, hoping to receive the gift of “open” policy limits and unlimited injury recoveries by making short-fused settlement demands, that are …

Condo Collapse and COVID Court Rulings Among the Top Stories for 2021

The collapse of a Miami-area condominium tower and efforts to achieve a fair resolution for the victims was the Claims Journal’s top story in 2021. Readers were also keenly interested in court rulings involving litigation by policyholders seeking coverage for …

5th Circuit: Indemnity Clause in Oil Field Contract Voided by Wyoming Law

A Wyoming oil exploration company may not avail itself to Texas law to evade liability for injuries to one of its contractor’s employees, a panel of the US 5th Circuit Court of Appeals decided. Cannon Oil and Gas Well Services’ …

Editor’s Picks Archives by Month