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Download a PDF of This Week's Issue 20160801NEWS---0001-NAT -CCI-BI_-- 7/29/2016 6:13 PM Page 1 BUSINESS INSURANCE® AUGUST 1, 2016 www.businessinsurance.com $10 $1 BILLION HEALTH INSURERS The amount a class action settlement in April could cost the National Football League for allegedly failing to protect HEALTH INSURER MERGERS IN JEOPARDY players from health risks associated with head injuries RISK MANAGEMENT AFTER SUIT CITES COMPETITIVE CONCERNS Athletes play Justice Department slams Anthem-Cigna, Aetna-Humana deals hardball over BY SHELBY LIVINGSTON MERGER The U.S. Justice Depart- BATTLE concussions ment’s strong objections to merging Anthem Inc. with U.S. Justice Department Cigna Corp. and Aetna Inc. litigation seeks to block the Increased litigation may $54 billion merger of Anthem with Humana Inc., outlined in Inc. and Cigna Corp. and the lead to cuts in coverage federal litigation filed last $37 billion merger of Aetna Inc. month, have left significant and Humana Inc. on anti- BY STEPHANIE GOLDBERG doubt about either deal being competitive grounds. It alleges that: completed. Increased awareness about the Many analysts hold that the ■ Allowing the mergers would hurt employers, consumers, long-term effects of concussions $37 billion Aetna-Humana tie- doctors and hospitals. could lead some insurers to up has a stronger chance of ■ The Anthem-Cigna deal exclude head trauma from policies winning approval than the $54 would likely harm for professional athletes, experts billion Anthem-Cigna union. competition and raise prices say. “We believe that a settle- in the employer market. Additionally, as a fresh wave of ment including divestitures is ■ The Aetna-Humana deal concussion-related litigation hit still probable, and in fact, we would reduce competition in several professional sports think that Aetna has a rela- the Medicare Advantage leagues last month, pricing for pro- tively strong case should this market. fessional athletes’ insurance could eventually make it to court,” ■ The deals would reduce rise, they say. competition for those seeking health insurance in While the 3rd U.S. Circuit Court See LITIGATION page 28 the public exchanges. of Appeals in Philadelphia approved a class action settlement in April that could cost the Nation- al Football League $1 billion for allegedly failing to protect players from health risks associated with Insurers’ counteroffensive touts lower costs, sufficient choice head injuries, retired NFL players in mid-July also sued Riddell Inc. BY SHELBY LIVINGSTON and Humana Inc., the insurers enrollees — with better-quality Advantage and traditional Medi- for allegedly failing to warn them launched a counterattack. and lower-cost health insurance. care do compete despite the Jus- that company’s helmets wouldn’t Immediately following the U.S. In a joint statement, Aetna and Aetna and Humana also took tice Department’s assertion oth- prevent brain injuries. Justice Department’s July deci- Humana vowed to “vigorously aim at the Justice Department’s erwise, and that divestitures Former professional wrestlers sion to fight the billion-dollar defend” their union, which they analysis, arguing there is enough would solve any competition mergers of Anthem Inc. and hold would benefit consumers — competition in Medicare to sup- See CONCUSSIONS page 27 Cigna Corp., as well as Aetna Inc. particularly Medicare Advantage port the merger, that Medicare See REACTION page 28 Q&A: FRANCIE STARNES COMMENTARY NEWS IN BRIEF New CEO of Worldwide Broker Companies must update risk EEOC files pregnancy Network discusses her plans for management approach to discrimination lawsuit against the organization reflect new global exposures Brown & Brown PAGE 12 PAGE 14 PAGE 8 Entire contents copyright © 2016 by Crain Communications Inc. All rights reserved. MARINE, AVIATION & SPECIAL TRANSPORTATION RISKS Buyers find ample capacity and REPORT favorable prices in the marine hull and cargo insurance market; drone regulations better define NEWSPAPER opportunities for insurers; truck telematics drive major changes and improved safety on the open road; and a boatload of data PAGE 18 Supporting Those Who Support Others.TM Sound coverage, powerful risk management, and exceptional claims handling for social service providers. Together with Irwin Siegel Agency. 1-800-622-8272 16bi0179.pdf RunDate: 08/01/16 Brown full Page Color: 4/C 20160801NEWS---0003-NAT -CCI-BI_-- 7/29/2016 5:54 PM Page 1 www.businessinsurance.com NEWS 8/1/16 CONTENTS RISK MANAGEMENT INTERNATIONAL FEATURES Truth suffers INTERNATIONAL POKÉMON GO DISTRACTIONS collateral CAN CAUSE ALL KINDS OF HAVOC damage Insurer must pay up From liability to comp, gaming risks are on the rise despite lies in the claim BY MARK A. HOFMANN BY JUDY GREENWALD Profile: Italy Legal experts are divided over Businesses should review and the impact of a ruling by the Unit- The Italian peninsula is mostly reaffirm provisions of their cyber ed Kingdom’s highest court that mountainous, and flooding and insurance to avoid potential liabil- insurers must pay a claim despite earthquakes are the main natural ity from a series of issues raised by a policyholder’s false statement threats. 10 the Pokémon Go craze. supporting that claim. While the popularity of the aug- While they agree that the U.K. mented reality smartphone game, Supreme Court’s 4-1 ruling in Ver- PERSPECTIVES developed by San Francisco-based sloot Dredging BV et al. v HDI Ger- Niantic Inc. in partnership with ling Industrie Versicherung A.G. et Kyoto, Japan-based Nintendo Co. al. came as a surprise and is good Look before leaping into cloud Ltd. and introduced in July, will news for policyholders, there’s dis- inevitably fade, experts say it agreement over how widely it will “Cloud almost certainly will be followed be applied. The decision is, howev- computing” by other games that may raise er, another step in liberalizing became even greater risks. English law on handling claims. AP PHOTO increasingly News reports have described The case addressed the question widespread over many cases of often-unwelcome A sign at the National Weather Service in Anchorage, Alaska, warns of what constitutes a fraudulent the past decade. crowds gathering to play the game Pokémon Go players. claim and how what the court Edgar Germer of on or near private prop- described as “collateral lies” affect OneBeacon Technology Insurance erty, with distracted POKÉMON GO Washington, who rec- tions of interest, including “gyms” a justified claim. The court found discusses the risks of operating in users often wandering RISKS ommends that firms that let players battle train their that the lie by the policyholder was the cloud. 15 into company-owned Issues employers may examine their insur- Pokémon and challenge rival irrelevant “in the sense that the property. face due to the ance policies to be sure teams, which could be on business- claim would have been equally Experts say the smartphone-based they have appropriate es’ property. recoverable whether it was true or game’s potential risks Pokémon Go craze coverage in the event of Experts say the game is particu- false.” OFF BEAT include malware, loss Malware that claims. Companies can larly problematic for many firms The case involved damage to a of private data, proper- infects company take other steps to min- that have bring-your-own-device- ship, the DC Merwestone, when its systems ty damage, personal imize potential liabili- to-work policies. Some apps that engine room flooded in January injury and workers Exposure of ties (see box, page 26). purport to help to players contain 2010 as it left the Klaipeda, Lithua- individual or compensation claims. corporate data The game, available malware, said Alan Brill, senior nian, bound for Bilbao, Spain. At this early stage, free to smartphone managing director at Kroll Associ- According to the ruling, the engine Property damage “no one really knows users, encourages par- ates Inc. in Secaucus, New Jersey. room was damaged beyond repair. for sure what types of Individual and ticipants to capture “If people are using these same During an investigation, a com- employee injuries liability will arise from images of “monsters.” devices they use for their corpo- pany official “developed a theory” it, if any,” said James S. Carter, of It displays the monsters’ locations that a bilge alarm had gone off but counsel at Blank Rome L.L.P. in on maps that become in-game loca- See POKÉMON page 26 weather conditions kept the crew Comp denial really bites from investigating. However, the story turned out to be false. A Virginia worker was bitten by a WORKERS COMPENSATION The official’s reason for the lie poisonous snake, then learned her “was that he was frustrated by the workers comp provider was denying insurers’ delay” in paying the her coverage for her treatment. 30 Opioid law provides limited relief to big problem claim and “he believed that it would fortify the claim and accel- erate payment if the casualty BY DONNA MAHONEY none,” Mr. Obama said in a state- could be blamed on the crew’s fail- ment. “I am deeply disappointed ure to respond to the activation of SECTIONS A federal law aimed at cutting that Republicans failed to provide the bilge alarm,” according to the opioid addiction lacks sufficient any real resources for those seek- ruling. INTERNATIONAL 10 funding and scope, but observers ing addiction treatment to get the While a lower court held the say it still could ease a problem care that they need.” ship’s owners had a valid 3.24 mil- that is a major issue for the work- The president had requested lion ($3.6 million) claim, it also held PEOPLE 12 ers compensation sector. more than $1.1 billion be allocated that the “claim was lost as a result In particular, by increasing edu- raise awareness of the risks of opi- for the program. The law, howev- of the collateral lie about it.” The OPINIONS 14 cation efforts and introducing pre- oid addiction and provide practical er, allows only $181 million a year.
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