Richard Boone (Partner-New York, NY) is quoted in the article "5th Circ. May Ponder If Threats Are Claims In Healthcare Suit," published in the April 25, 2024, issue of Law360 Insurance Authority. The article explores the issues up for imminent review by the U.S. Court of Appeals for the Fifth Circuit regarding the Louisiana federal court decision in an insurance coverage dispute. A healthcare company was denied coverage by its insurer for a settlement payment it made to avoid litigation and seeks a determination as to whether the federal court was correct in granting summary judgment for the insurer, finding that the company never made a valid claim under its managed care and omissions insurance policy.

The dispute focuses on what constitutes a claim, including whether a letter threatening litigation against another party constitutes a claim. In this case, the agency the healthcare company contracted with was threatened with a lawsuit; the healthcare company forwarded the threat information to its insurer. Rich weighs in regarding the healthcare company's asking the 5th Circuit to determine whether its submissions to the insurer constituted related claims in this case. He notes that a closer look is unlikely warranted, pointing out, "There was never a claim made against the healthcare company in the first place, so there is no reason to look and see if it was related to anything else." Rich adds, "I would be surprised if the Fifth Circuit would disturb the lower court's decision here since there is no clear legal error."