Insurance

  • July 27, 2021

    LA Law Firm Slams Costco's 'Absurd' DQ Bid In Injury Suit

    A Los Angeles law firm said that one of its lawyers' past work as an insurance defense attorney shouldn't disqualify it from handling a personal injury lawsuit against Costco, arguing that granting the wholesaler's bid would lead to an "absurd conclusion."

  • July 27, 2021

    Mich. Federal Judge Retiring After Cases On Flint Water, UAW

    Michigan U.S. District Judge David M. Lawson plans to take senior status next week after a 20-year judicial career that recently included high-profile cases involving the United Auto Workers union and lead-tainted water in Flint.

  • July 27, 2021

    Insurance Groups Tell 4th Circ. COVID Losses Not Covered

    Two insurance company trade groups once again threw their support behind insurers fighting against COVID-19 business interruption cases, telling the Fourth Circuit on Tuesday that property carriers are not responsible for all of society's misfortunes.

  • July 27, 2021

    Clinics Tell 9th Circ. Droplets, Not Virus, Caused Damage

    Two clinics told the Ninth Circuit that their insurance coverage disputes over pandemic-related losses should be revived, arguing that California federal judges erred when rejecting the clinics' arguments that human respiratory droplets caused physical damage to their properties.

  • July 27, 2021

    Fla. Condo Can't Get Coverage For Mold Row, Insurer Says

    James River Insurance Co. asked a Florida federal court Monday to determine that it does not need to cover or defend a Sunshine State condo association in a lawsuit over mold damage in the building.

  • July 27, 2021

    Regulator's Conviction Sets Stage For Insurance Fight In Ga.

    The federal fraud conviction of former Georgia insurance commissioner Jim Beck has set the stage for a political fight over who can best steer the state's insurance industry away from corruption and advocate for policyholders.

  • July 27, 2021

    Billabong Parent Co. Sues Insurer For Ransomware Coverage

    As a sportswear company was dealing with a ransomware attack demanding about $25 million in bitcoin payments to unlock its systems, Great American Insurance Co. was dragging its feet during the ordeal, the company alleged in a new lawsuit.

  • July 27, 2021

    NY's Biggest Health System Loses COVID-19 Coverage Suit

    New York's largest health provider can't collect $1.25 billion in insurance coverage for pandemic-related revenue losses and increased costs from caring for COVID-19 patients, a New York federal judge has ruled, dismissing Northwell Health Inc.'s case against its insurers

  • July 27, 2021

    Conn. Medical Practices Want Partial COVID-19 Coverage Win

    Medical practices in Connecticut told a state court on Monday that the imminent risks posed by the COVID-19 pandemic and the transmission of the virus along with government closure orders caused "direct physical loss" of property.

  • July 27, 2021

    Ex-Dallas Cowboy's Benefits Verdict Upended On Appeal

    A Texas appeals court Monday scrapped a 2019 jury verdict awarding workers' compensation benefits to a former Dallas Cowboys offensive lineman, finding that neither he nor his insurance carrier had proposed the right venue for the dispute.

  • July 27, 2021

    Florida Pub's COVID Suit Against Insurer Barred By Judge

    A federal judge dismissed a Florida pub's COVID-19 lawsuit against Westchester Surplus Lines Insurance Co., saying the court was unconvinced by Ice House Pub's arguments that its pandemic losses were covered under its policy.

  • July 27, 2021

    Mass. Hair Salon's Pandemic Coverage Suit Gets Tossed

    A putative class of salon owners seeking to recover pandemic-related losses from their insurer was swept out of a Massachusetts federal court after a judge held that government stay-at-home orders were not issued as a result of physical damage to properties.

  • July 26, 2021

    Chubb Sues Contractor For $2.5M In NYC Cement Spill

    A contractor and property manager owe Chubb Insurance more than $2.5 million for damage done to a couple's New York apartment during construction at a nearby building, the company said in court documents filed in state court.

  • July 26, 2021

    PBM Group Asks 8th Circ. To Revive ND Preemption Row

    The lobbying group for the industry that negotiates with pharmacies on health insurers' behalf has urged the Eighth Circuit to revive its since-vacated decision to strike down a North Dakota law regulating this sector.

  • July 26, 2021

    Fire Cleanup Worker's Lung Injury Not Covered, Insurer Says

    Wesco Insurance Co. says in a California federal court lawsuit that a policy's pollution exclusion relieves it of any duty to cover a construction company named in a truck driver's action saying he developed lung disease after inhaling toxic fumes while cleaning up wildfire debris.

  • July 26, 2021

    Calif. Ad Agency Sues Chubb Unit For COVID-19 Coverage

    A California marketing agency specializing in movie trailers says a Chubb subsidiary should have covered its losses after COVID-19 closed its offices and the theaters it depends on.

  • July 26, 2021

    Catholic College In Texas Out Of Luck For COVID Losses

    A Texas federal judge ruled Friday that a Houston-based Catholic University cannot claim losses from COVID-19 under its American Home Assurance Co. insurance policy because there was no physical damage caused by the virus.

  • July 26, 2021

    2nd. Circ. Upholds Insurer's Win On NYU Storm Coverage

    The Second Circuit ruled Monday that New York University cannot tap into a general $1.85 billion policy limit with Factory Mutual Insurance Co. for losses sustained during Superstorm Sandy, upholding a lower court's decision that NYU cannot get coverage beyond the $40 million sublimit.

  • July 26, 2021

    Massage Oil Co. Drops Indemnity Bid In Class Action Fight

    Admiral Insurance Co. told a Texas federal court it has settled a coverage dispute with a massage oil maker related to a proposed products liability class action in Houston, saying the oil maker has agreed not to seek indemnification from Admiral in the underlying suit.

  • July 26, 2021

    Policyholders' Hack Coverage Hopes Surge With Landry's Win

    The Fifth Circuit's ruling that an insurer must defend a hospitality company in a $20 million data breach suit brought by JPMorgan Chase Bank's payment processing arm was a booster shot for policyholders seeking coverage for similar breaches under commercial general liability policies.

  • July 26, 2021

    'The Morning Show' Production Co. Hits Chubb With $44M Suit

    The production company behind "The Morning Show" sued Chubb National Insurance for $44 million in coronavirus pandemic-related losses after production of the second season of the hit Apple TV+ show was delayed.

  • July 26, 2021

    Mich. Casino Says Virus In Air Is Direct Physical Loss

    The owner of the MotorCity Casino Hotel has fought back against a Zurich affiliate insurer's bid to dismiss its $270 million COVID-19 coverage suit in Michigan federal court, asserting that the virus' presence in the venue's interior air caused a covered direct physical loss.

  • July 26, 2021

    Texas Justices Asked To Weigh Fracking Fire Coverage Row

    Ironshore Specialty Insurance Co. wants the Texas Supreme Court to weigh in on its dispute with other insurers over a $24 million bill for a fracking well fire, saying a lower court erred by ordering a proportional allocation of coverage.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

Expert Analysis

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Surprises May Lurk As 'No Surprises Act' Meets State Law

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    The No Surprises Act, which takes effect in January, introduces federal requirements to protect consumers from surprise medical bills, but also defers to certain state laws, which will present significant operational challenges for providers and payors determining whether the federal law, state law or both will apply to a course of treatment, say Alexandra Lucas and Christian Martin at Reed Smith.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    Benefits Ruling Contradicts Intent Of ERISA, Disability Plans

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    A Massachusetts federal court’s recent ruling in DeBold v. Liberty Life Assurance, upholding the insurer’s finding that rollover retirement funds could reduce disability payments, is inconsistent with the purpose of the Employee Retirement Income Security Act and eviscerates a disability benefits plan's goal of providing financial support during an employee’s working years, says Mark DeBofsky at DeBofsky Sherman.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

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