Author: Goldberg Segalla

United Healthcare Ins. Co. v. Davis

(5^th Cir. (La.), March 31, 2010)

The Fifth Circuit held that “Act 479,” which mandates the Office of Governmental Benefits (OGB) obtain proposals and contract with Louisiana HMOs is a violation of the Contract Clause of the U.S. Constitution, because it interfered with the plaintiffs’ current contracts. And, contrary to the holding of the district court, held the Act did not violate the Commerce Clause.

The OGB arranges for health insurance for State employees and their dependents, …

Aspen Ins. UK, LTD v. Dune Energy, Inc.

(United States District Court, Eastern District Louisiana, March 16, 2010)

This action arose from an oil leak caused by the catastrophic failure of a pipeline operated by Dune, which spent $1.2 million to remediate the property covered by a liability policy issued by Aspen.  Dune made a claim under the policy to recover the clean up costs, but Aspen denied coverage and sought a declaratory judgment that the policy did not afford coverage for the …

Fireman’s Fund Insurance Company v. Care Management, Inc., 2010 Ark. 110 (March 4, 2010)

The Supreme Court of Arkansas re-affirmed its status as a “no-prejudice” state for late notice of claim when notice is a condition precedent to coverage. 

The United States District Court for the Eastern District of Arkansas certified the question to the state's highest court because the Eighth Circuit recently noted “the state of Arkansas law on the subject leaves room for doubt.” The Supreme Court acknowledged the “modern …