Archive for February, 2010

Posted by Admin | February 20, 2010

Supreme Court clarifies venue rules for class actions

The court’s unanimous decision in Hertz Corp. vs. Melinda Friend et al. will make it easier for class action parties that are citizens of different states to move the action to federal court from state court, legal experts say. The Class Action Fairness Act, which was backed by businesses that held they could get a fairer hearing in federal rather than state court if they were not resident of a state, allows such a move under most circumstances.

The case involves a group of Hertz Corp. employees based in California. They sued Park Ridge, N.J.-based Hertz in California state court, alleging violations of state employment law. Hertz held that because it is based in New Jersey, the matter should be heard in a federal court.

A district court held that the case should be heard in state court because Hertz’s business activity “substantially predominates in one state”—California. Hertz appealed to the 9th U.S. Circuit Court of Appeals, which affirmed the lower court’s decision.

However, the U.S. Supreme Court ruled Tuesday that a company’s “nerve center,” where company officers “direct, control and coordinate” the company’s activities, should be the principal place of business. Typically, that would be the company’s headquarters, the high court said. But if a court finds that a company’s alleged “nerve center” is nothing more than a mailbox or an empty office, the courts should determine the location its actual principal place of business.

The Supreme Court rem

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Posted by Admin | February 16, 2010

House subpoenas internal Toyota documents

The subpoena was issued as part of an investigation by the House Oversight Committee into Toyota’s response to complaints of uncontrolled engine acceleration that led to a global recall of 8.5 million vehicles, Kurt Bardella, a committee staff spokesman, told Reuters.

Dimitrios Biller, who headed a corporate legal team that defended Toyota in rollover-accident lawsuits, took some 6,000 internal documents with him when he left Toyota in 2007, and has since sued the automaker under U.S. racketeering laws.

He has said the documents support his allegations that the company systematically hid or destroyed legal evidence that would have led to costly trials in the United States.

The committee’s subpoena was accepted by Mr. Biller’s lawyer on behalf of his client, “and obviously they intend to comply,” Mr. Bardella said. The subpoena states that the documents must be turned over by 5 p.m. Feb. 23, the day before the oversight panel is scheduled to hold a hearing on the Toyota recalls.

“The committee is conducting a comprehensive, fact-based investigation with the intent of collecting and analyzing as much relevant information as possible,” committee chairman Edolphus Towns, D-N.Y., and the panel’s top-ranking Republican, Rep.

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Posted by Admin | February 14, 2010

Ironshore names U.S. specialty casualty executive

Mr. Gantz, currently senior vp at Ironshore Risk Agency in St. Louis, is responsible for setting underwriting guidelines and strategies, as well as for new product lines in the specialty casualty unit nationwide. He is based in Ironshore’s New York office and also oversees Ironshore’s London casualty platform.

Prior to joining Hamilton, Bermuda-based Ironshore, Mr. Gantz was senior vp for Landmark Insurance Co., where he was responsible for building a new casualty practice for the commercial agribusiness sector for the unit of American International Group Inc. He served as chief underwriting officer of Allied World Assurance Co. Ltd. prior to joining Landmark.

Ironshore also named Dutch Phillips, currently with Ironshore Risk Agency as assistant vp of casualty underwriting, to the expanded role of vp of U.S. specialty casualty. Mr. Phillips will be responsible for Ironshore’s nationwide wholesale casualty operation based in St. Louis.

Prior to joining Ironshore, Mr. Phillips was with AIG’s excess casualty unit as a regional manager.


For reprints of this story, please contact Lauren Melesio at 212-210-0707 or email lmelesio@crain.com

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Posted by Admin | February 10, 2010

Harvard Pilgrim names new leader

Mr. Schultz, currently president and CEO of Worcester, Mass.-based Fallon Community Health Plan, succeeds former Harvard Pilgrim President and CEO Charles D. Baker, who left in July 2009 to put together a statewide electoral campaign, and interim CEO Bruce Bullen. Mr. Bullen also has decided to leave Harvard Pilgrim but has agreed to help ensure a smooth transition for a period of time after Mr. Schultz arrival, a spokeswoman for Harvard Pilgrim said.

Mr. Schultz’s 27-year health insurance career also includes roles as the lead executive director of Prudential HealthCare, medical group administrator of Nashville Healthcare Group, and vp and executive director at CIGNA HealthCare.

In addition, Mr. Schultz is vice chairman of the Massachusetts Assn. of Health Plans.

Wellesley, Mass.-based Harvard Pilgrim is a nonprofit health plan that provides a variety of benefit options and funding arrangements for more than 1 million members in Massachusetts, New Hampshire and Maine.


For reprints of this story, please contact Lauren Melesio at 212-210-0707 or email lmelesio@crain.com

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Posted by Admin | February 05, 2010

Industry groups seek delay in Medicare payer rules

The requirements that are to go into effect April 1 are designed to ensure that Medicare remains the secondary payer when a Medicare beneficiary has medical expenses that fall under the primary responsibility of liability insurance—including self-insured, no-fault or workers compensation plans. Medicare also will be allowed to recover conditional payments that should have been covered by the primary insurance plan.

In a letter to Health and Human Services Secretary Kathleen Sebelius that was released Friday, the American Insurance Assn., the National Assn. of Mutual Insurance Cos. and the Self-Insurance Institute of America asked for a delay.

“Property/casualty insurers, as well as companies that self-insure, have been working diligently for the past two years to meet the new reporting requirements. Despite our best efforts and those of the senior decisionmakers within the Centers for Medicare and Medicaid Services, the agency has yet to demonstrate that the new reporting system will properly function,” the groups wrote.

“Yet, we are expected to begin reporting data using this system in just a matter of weeks. Even more critical, CMS has not yet provided final reporting parameters to those insurers and self-insurers subject to the new requirements. Since f

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