Insurance

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    Sutter Health Indirect Purchasers Vie For Cert. In $489M Suit

    Health insurance plan purchasers seeking $489 million from Sutter Health on claims they overpaid because the hospital chain violated antitrust laws told a California federal judge during a hearing Thursday that their renewed class certification bid isn't doomed by a dispute over calculating damages.

  • July 02, 2020

    Travelers Says Flower Cos. Can't Claim $2M Pandemic Losses

    Travelers Property Casualty Co. has asked a California federal court to nix a flower importers' suit over their $2 million COVID-19-induced property loss insurance claims, arguing that the importers' insurance policy excludes coverage of the consequences of the government's decisions.

  • July 02, 2020

    Platinum Receiver Settles With Insurers For $14M

    The receiver for defunct hedge fund Platinum Partners agreed to pay around $14 million to settle with insurers that say Platinum owed them more than $44 million, a move the receiver said eliminated one of the biggest obstacles to investors finally recouping some of their losses.

  • July 02, 2020

    Insurer Won't Defend Biz That Sold Access To Biometric Data

    Citizens Insurance Co. of America told an Illinois federal judge that it has no duty to defend Wynndalco Enterprises in a class suit accusing Wynndalco of violating biometric privacy by selling access to Clearview AI Inc.'s database to Illinois consumers.

  • July 02, 2020

    Latham-Led AI Insurance Site Prices Upsized $319M IPO

    Renters and home insurance provider Lemonade's shares traded Thursday in an upsized $319 million initial public offering with shares peaking 144% above the offering price, in a deal advised on by Latham & Watkins LLP and White & Case LLP.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Minor League Teams Sue For Coverage Of Canceled Season

    Several Minor League Baseball teams are suing their insurers over coverage of the loss of income after their season was canceled, alleging they have been wrongfully denied coverage under their policies.

  • July 02, 2020

    Top Florida News 2020: A Midyear Report

    The coronavirus pandemic dominated the first half of the year in Florida as judges and litigators had to adjust to the new normal of justice by computer screen, but the courts continued their work, issuing rulings in battles over felon voting rights and bitcoin holdings, as well as handling pandemic-related litigation over business interruption coverage and cruise ship liability.

  • July 02, 2020

    Virus-Shuttered Orthodontist Sues Insurer Over Claim Denial

    A New Jersey orthodontic practice launched a lawsuit Thursday accusing Sentinel Insurance Company Ltd. of denying its claim for business interruption coverage after COVID-19 forced the temporary closure of its two offices, despite the fact that its all-risk policy includes the coverage.

  • July 02, 2020

    The Biggest Insurance Rulings From The 1st Half Of 2020

    Insurance attorneys have received guidance from courts on a slew of key issues this year, including a ruling from the California high court that will ease policyholders' path to excess insurance for losses spanning multiple years and an Illinois appeals court's first-of-its-kind decision that an insurer must defend a biometric privacy lawsuit. Here, Law360 breaks down the biggest insurance decisions from the first half of 2020.

  • July 02, 2020

    Biotech Firms Drive IPO Rebound While 'Unicorns' Gear Up

    The initial public offering market ended midyear on a roll and appears poised for a strong second half of 2020, powered by a robust biotechnology sector and potential debuts from venture-backed technology "unicorns" — barring more pandemic-related setbacks.

  • July 01, 2020

    Insys Execs Can't Dodge Prison During Appeal, Seek Delay

    The First Circuit said Wednesday that Insys Therapeutics Inc. founder John Kapoor and other former executives can't dodge prison while they appeal convictions on charges of scheming to bribe doctors to prescribe the company's fentanyl spray, but they're asking the trial court to put off their prison surrender date.

  • July 01, 2020

    Miller Friel Picks Up Insurance Pro From DLA Piper

    Miller Friel PLLC is hiring away a partner from DLA Piper as part of a move to bolster its nationwide expansion of the firm's insurance recovery practice.

  • July 01, 2020

    Ill. Court Upholds Cook County's $9M Insurance Trial Win

    An Illinois appellate court on Tuesday upheld a jury's decision to award Cook County roughly $9 million in damages in a contract dispute with insurance broker USI Insurance, rejecting both the insurer's bid to ax the award and the county's attempt to boost it to $32.5 million.

  • July 01, 2020

    Lloyd's Best Buy Death Policy Dispute Sent To Arbitrator

    An Arkansas federal judge on Wednesday sent a dispute between Certain Underwriters at Lloyd's London and a delivery company over coverage of a wrongful death suit to arbitration, saying that Lloyd's status as a foreign company overrules Arkansas law barring arbitration in insurance policies.

  • July 01, 2020

    Bausch Not Covered For Allergan Case, Insurers Say

    Insurers for Bausch Health Cos. asked a New Jersey federal judge Wednesday to find that they don't have to pay the pharmaceutical company's costs to defend and settle class-action suits it faced over an alleged insider trading scheme connected to a failed takeover of Allergan, contending the suits are not covered "securities claims."

  • July 01, 2020

    Las Vegas Eateries Press For COVID-19 Shutdown Coverage

    A Las Vegas breakfast chain on Wednesday opposed U.S. Specialty Insurance Co.'s bid to dismiss the restaurants' proposed class suit seeking coverage of losses tied to Nevada's COVID-19 shutdown order, saying the insurer is taking an overly narrow view of its policy.

  • July 01, 2020

    Composter Coverage Tiff Belongs In State Court, Judge Says

    A Massachusetts federal judge has thrown out a suit by Scottsdale Insurance Co. seeking to avoid defending the operator of a composting facility in a suit over alleged pollution at the facility, saying the dispute fits better in the same state court as the pollution suit.

  • June 30, 2020

    Mich. Justices Say Faulty Contract Work Covered By Policy

    Amerisure Insurance Co. may have to pay a $1.4 million repair cost claim after the Michigan Supreme Court reversed a lower court decision and ruled that faulty subcontractor work that damages a policyholder's work product is an "accident," and therefore may be covered, under a commercial general liability policy.

  • June 30, 2020

    Del. Justices Reverse $18B Towers Watson Merger Suit Toss

    A split Delaware Supreme Court on Tuesday reversed and sent back for reconsideration the Chancery Court's mid-2019 dismissal of a stockholder suit challenging the $18 billion merger of Towers Watson & Co. and Willis Group, saying the lower court mistakenly deferred too much to the combined company when it dismissed breach of fiduciary duty claims against Towers' CEO.

  • June 30, 2020

    Imerys Ch. 11 Sale Process OK'd Despite Insurer Concerns

    A Delaware judge on Tuesday approved Chapter 11 sale procedures for Johnson & Johnson talc supplier Imerys Talc America Inc., despite opposition from a group of insurers who contended they may not be left with enough time to mount a challenge if certain insurance policies are included in the sale.

  • June 30, 2020

    7th Circ. Won't Revive $8.6M Suit Over Unpaid Air Base Work

    The Seventh Circuit on Tuesday denied a contractor's bid to revive its suit against Zurich American Insurance Co. and The Insurance Co. of the State of Pennsylvania over $8.6 million it claims it's owed from work on a Qatar air base, saying the contractor failed to give notice within the right time frame that it wasn't paid.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

Expert Analysis

  • Captive Insurance May Help In A Pandemic, But Caution Is Key

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    Although captive insurance can help address some of the traditional coverage gaps exposed by the current COVID-19 crisis, three Tax Court cases from recent years illustrate the Internal Revenue Service's hostility toward the entities, says Patrick McCann at Chamberlain Hrdlicka.

  • Ill. Insurance Considerations For Losses Caused By Riots

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    On the heels of the Illinois Department of Insurance's recent call for leniency for policyholder claims related to recent riots, vandalism and civil commotion, insurers should expect heightened scrutiny of coverage disputes and policyholders should be prepared to submit extensive proofs of claims, say attorneys at Neal Gerber.

  • COVID-19 Telehealth Boom Demands Better Privacy Practices

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    With demand for telemedicine skyrocketing during the pandemic, health care providers should not be lulled into complacency regarding data privacy simply because the U.S. Department of Health and Human Services has relaxed its standards, as pre-pandemic practices may be inadequate, says Geoffrey Lottenberg at Berger Singerman.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • Reinsurance Implications Of COVID-19 Biz Interruption Laws

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    In light of legislative and public pressure in the U.S. and U.K. on insurers to cover business interruption losses related to COVID-19, reinsurers will face new questions regarding their obligation to cover claim payments, say Robin Dusek at Saul Ewing and Susie Wakefield at Shoosmiths.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Contract, IP And Employment Claims Increase In A Downturn

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    As a result of current market trends, companies should be prepared for more commercial, intellectual property and employment claims, which can make a downturn even more challenging, says Charlene Morrow at Fenwick.

  • 2 Takeaways From Ill. Biometric Class Action Insurance Ruling

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    An Illinois appellate court's recent decision in West Bend v. Krishna provides clarity into the legal definition of publication in insurance contexts and highlights the importance of policy language in Biometric Information Privacy Act lawsuits, say Deepthika Appuhamy and Brian Scarbrough at Jenner & Block.

  • Opinion

    Calif. Must Clarify Independent Counsel Rates For Insurers

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    California law provides little predictability on the hourly rates that insurers are required to pay independent counsel selected by the insured in disputes, but a few amendments to Section 2860 can help, say attorneys at Covington.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • UK Appellate Rulings Clarify Arbitral Choice Of Law

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    Two recent U.K. Court of Appeal decisions have changed the operation of the choice-of-law test for arbitration — a resolution as significant as changing the test itself because it affects the implied choices of the contracting parties, say attorneys at Squire Patton.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

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