Insurance

  • June 01, 2020

    Judge Recommends Class Treatment For Verizon ERISA Suit

    A New York federal magistrate judge recommended Monday that a suit accusing Verizon of wrongly keeping an underperforming investment in its 401(k) plan proceed as a class action, finding the former employee leading the suit was an adequate class representative, "if modestly so."

  • June 01, 2020

    Contractors Can't Escape Insurer's $1.4M Water Damage Suit

    A Massachusetts federal judge on Monday rejected construction contractors' bid to escape a suit brought by Factory Mutual Insurance Co., which alleged that negligence caused more than $1.37 million in water damage at a Novartis facility.

  • June 01, 2020

    Surety Firms Lose Bid To Block Fees In Cloud Peak Ch. 11

    A Delaware bankruptcy judge on Monday approved a request by coal mining company Cloud Peak Energy to pay $26 million in fees to its Chapter 11 professionals over objections by insurers insisting $280 million in surety bond claims should get equal priority.

  • June 01, 2020

    Law Firm Seeks To Trim Insurance Co.'s Data Breach Suit

    A Kansas City personal injury firm being sued by former client Hiscox Insurance for allegedly mishandling a cyberattack argued on Monday that the novel case should be chopped down to a single legal malpractice claim.

  • June 01, 2020

    Texas Energy Co. Beats 'Hazy' Trade Secrets Claims

    A digital marketing company has repeatedly failed to show its trade secrets were stolen by an energy company that had licensed its software or that its information ever qualified as trade secrets, an Illinois federal court ruled Sunday.

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    Benecard Not Covered For Settlement Of $75M Medicare Suit

    A New Jersey federal judge on Sunday handed wins to six insurers, finding they are not obligated to reimburse prescription drug benefit administrator Benecard Services Inc. for its settlement of a $75 million suit over its alleged mismanagement of Medicare Part D plans.

  • June 01, 2020

    Vegas Casino Says $1.1B Policy Covers COVID-19 Losses

    A Las Vegas casino and resort has sued its insurer, alleging that it wrongfully denied coverage for its COVID-19 pandemic losses and claiming that it should get up to $1.1 billion in reimbursement because damages from the "communicable disease" are covered under its policy.

  • June 01, 2020

    Ex-Chubb Execs Blast Bids To Recoup Costs In Benefits Row

    Three former Chubb Corp. executives who sued over their benefits plan urged a New Jersey federal judge on Monday to reject the bids by the insurer and a benefits counseling company for more than $117,000 in costs, citing procedural shortfalls in their motions.

  • June 01, 2020

    Lieff Cabraser Snags $40M Fees From Sandoz, Momenta Deal

    Lieff Cabraser Heimann & Bernstein LLP and a former firm associate have won $40 million in fees from a $120 million deal they helped hospitals, health insurers and uninsured consumers ink with Sandoz and Momenta over the price of generic blood thinners.

  • May 29, 2020

    In-N-Out Sues Zurich To Cover COVID-19 Shutdown

    In-N-Out Burgers hit Zurich American Insurance Co. with a breach of contract suit alleging the insurance company wrongly refused to cover the Golden State burger chain's business losses during the coronavirus pandemic, according to a suit filed Friday in California federal court.

  • May 29, 2020

    D&O Insurer Didn't Deny In Bad Faith, Ill. Appeals Court Says

    An Illinois appellate court held Thursday that Liberty International Underwriters wasn't unreasonable or vexatious when it denied coverage under a directors and officers policy to an entertainment company accused of minority ownership oppression.

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    Latham Facing DQ Bid From Ex-Clients In Ponzi Scheme Suit

    Two title and insurance companies being sued by investors over an alleged Ponzi scheme have asked a California state judge to disqualify Latham & Watkins LLP from representing the investors, saying Latham's defense of the companies in a previous Ponzi case gives the firm a conflict as it goes against the businesses now.

  • May 29, 2020

    Insurer Must Defend Pasta Co. In Tainted Pizza Crusts Suit

    A New Jersey federal judge ruled Friday that Republic Franklin Insurance Co. must cover a pasta company's costs to defend a suit alleging listeria contamination in its gluten-free pizza crusts sunk a business partner's distribution deal with Trader Joe's.

  • May 29, 2020

    Patriot National Trustee Wants $3M Deal OK'd In Ch. 11 Case

    The litigation trustee for bankrupt insurance services firm Patriot National Inc. is urging the Delaware bankruptcy court to approve a $3 million settlement in his suit against the firm's former directors in Chancery Court.

  • May 29, 2020

    Insurers Cleared To Arbitrate Hurricane Harvey Coverage Row

    A Texas federal judge on Friday granted a bid by a group of Lloyd's of London insurers to arbitrate a property owner's dispute over $1 million in Hurricane Harvey damage, saying the policy doesn't let the court override the arbitrator's power to decide whether arbitration is valid.

  • May 29, 2020

    ERISA Group Takes Seattle Benefits Law Fight To 9th Circ.

    The ERISA Industry Committee is taking its challenge of a Seattle ordinance regarding health care coverage for hotel workers to the Ninth Circuit, after a Washington federal judge ruled the Employee Retirement Income Security Act doesn't trump the state law.

  • May 29, 2020

    Sidley Can Continue As Boy Scouts' Ch. 11 Counsel

    A Delaware judge on Friday ruled that Sidley Austin LLP can continue as counsel in the Boy Scouts of America's Chapter 11 despite a challenge from an insurer who asserted the firm was conflicted due to its previous representation of the insurer in other matters.

  • May 29, 2020

    9th Circ. Urged To Rethink Asbestos Coverage Reversal

    A pool company has asked the full Ninth Circuit to rehear a case over whether it is responsible for homeowners' asbestos-related claims, arguing that a panel had misapplied California law by letting the company's previous owner off the hook for some of the liability.

  • May 29, 2020

    Insurer Says Dentists' COVID-19 Claims Fail As Class Action

    The Dentists Insurance Co. is urging a Washington federal court to strike class action claims from a group of dentists who allege they were wrongly denied coverage for COVID-19 related business interruption, saying there are far too many individual questions for the case to work as a class action.

  • May 29, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen German financier Lars Windhorst dragged into court by a hospitality company, an Emirati lender sue former executives of a scandal-hit health company, and a bank representing the estate of musical artist Prince file IP claims against a unit of a major record label.

  • May 28, 2020

    Insurer Tells 7th Circ. Coverage Doesn't Apply In Injury Suit

    Columbia Insurance Group Inc. told the Seventh Circuit Thursday that a lower court incorrectly found it had a duty to defend two property companies as additional insureds in a man's lawsuit over injuries he suffered at work.  

  • May 28, 2020

    Court Won't Pare Down Plumber's Insurance Bad Faith Suit

    A California appeals court on Wednesday rejected Navigators Specialty Insurance Co.'s bid to trim portions of a plumbing contractor's bad faith lawsuit claiming the insurer mishandled its defense of construction defect actions, finding the allegations in question do not run afoul of a state statute barring lawsuits aimed at stifling free speech.

  • May 28, 2020

    Pediatric Home Care Giant Aveanna Hit With Data Breach Suit

    Aveanna Healthcare LLC was hit with a proposed class action in Georgia federal court Thursday alleging the Atlanta-based pediatric home care provider got hacked as a result of its lax digital security practices, then failed to help individuals whose sensitive data may have been stolen.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • PPP Loans Create 2 Issues For Virus Biz Interruption Claims

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    Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Entertainment Cos. May Not Be Insured For Pandemics

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    With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • Wash. ERISA Ruling Paves Way For Access To Health Benefits

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    A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    Fla. Sports Bar's COVID-19 Insurance Claim Should Proceed

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    Florida-based Prime Time Sports Grill's lawsuit seeking insurance coverage for COVID-19 business interruption should withstand Certain Underwriters at Lloyd's of London's motion to dismiss because the insurer's arguments ignore physical loss caused by the pandemic and are not supported by relevant case law, says Micah Skidmore at Haynes and Boone.

  • 5 Things To Expect In Vertical Merger Reviews

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    Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.

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