Insurance

  • April 02, 2020

    Insurer Can't Split Condo Manager's Defense Of Mold Suit

    The First Circuit on Wednesday affirmed that Clarendon National Insurance Co. cannot force Philadelphia Indemnity Insurance Co. to help cover a condominium building manager's costs to defend a unit owner's suit over water and mold damage, because the damage predated Philadelphia Indemnity's policy period.

  • April 02, 2020

    Florida Sports Bar Says Lloyd’s Must Cover COVID-19 Closure

    A sports bar in Florida filed a suit against Lloyd’s of London in federal court Thursday after the insurer denied coverage for its state-mandated closure in response to the COVID-19 pandemic.

  • April 02, 2020

    Insurer Says Policy Doesn't Cover City's Conspiracy Claims

    A Siemens subcontractor accused of participating in a "massive fraud" against the city of Jackson, Mississippi, shouldn't get insurance coverage for the allegations, Endurance American Specialty Insurance Co. has told a Mississippi federal court.

  • April 01, 2020

    Insurance Groups Tell Justices PBM Law Would Upend ERISA

    A health insurance trade organization told the U.S. Supreme Court in an amicus brief Tuesday that an Arkansas law requiring pharmacy benefit managers to reimburse pharmacies equally is preempted by federal law, saying states' interference with uniform national standards threatens the very existence of employer benefit plans.

  • April 01, 2020

    4 New Developments As US Coronavirus Cases Top 200K

    The number of Americans infected with the novel coronavirus raced past 200,000 on Wednesday, deaths approached the 5,000 mark, and President Donald Trump said that cases are "exploding" across the country. Here are four new developments to know.

  • April 01, 2020

    Justice Delayed: Coronavirus Halts Opioid, Cancer Trials

    The novel coronavirus has brought jury trials to a standstill in one of the pandemic’s most immediate blows to the legal sector, including court battles over whether Johnson & Johnson and Bayer products cause cancer and the New York attorney general’s effort to hold drugmakers liable for the opioid crisis. Here’s a look at some of the highly anticipated trials that are on pause.

  • April 01, 2020

    Great American Wants Out Of $1.9M Hotel Scam Suit

    Great American Insurance Co. has asked an Ohio federal court to toss a $1.9 million breach of contract suit brought by the Millennium Hilton New York hotel's operator, saying it's not required to cover funds that an ex-employee stole when engineering a booking scam.

  • April 01, 2020

    Amerisure Can't Cut Down Suit Over Unscrutinized Claims

    A Florida federal judge ruled Tuesday that a lumber company can sue its workers' compensation insurer for not properly investigating claims, finding that the insurer has a duty to the insured to make sure claims are legitimate.

  • April 01, 2020

    McCarter & English, Marcus Rosenberg Steer $30M NYC Loan

    McCarter & English represented an insurance affiliate of Lincoln Financial in connection with its $30 million loan to Marcus Rosenberg-counseled real estate firm Adams & Co. for an office building on Seventh Avenue in Manhattan, according to records made public in New York on Wednesday.

  • April 01, 2020

    Hulk Hogan Sex Tape Insurance Suit Moved To Georgia

    A Florida federal judge has transferred an insurance company’s suit seeking to avoid coverage of a radio station in a dispute over pro wrestler Hulk Hogan’s sex tape to Georgia federal court, saying it’s the proper venue because of all the witnesses living in the state.

  • March 31, 2020

    Mass. Blue Cross Blue Shield Can't Duck Mental Health Suit

    A Massachusetts federal judge denied Blue Cross and Blue Shield of Massachusetts’ bid to escape a suit claiming the insurer wrongly denied claims for certain inpatient mental health treatment, saying there are factual disputes that don’t warrant dismissal.

  • March 31, 2020

    Ill. Hospital Chain Ducks Competitor's Antitrust Suit

    A health care system operating a series of Illinois hospitals didn't violate antitrust laws when it negotiated insurance contracts that cut competitors out of insurance networks, an Illinois federal magistrate judge ruled Tuesday, partially adopting the report and recommendations of a special master who previously presided over the case.

  • March 31, 2020

    6th Circ. Takes On ERISA Exhaustion In Nurse's Disability Suit

    The Sixth Circuit held Tuesday that an insurer’s failure to detail an internal claims review process in its plan document meant that a former nurse’s administrative remedies should be considered exhausted in her ERISA disability suit, while one judge questioned the doctrine of exhaustion altogether.

  • March 31, 2020

    Chancery OKs COVID-Related Delay In Reinsurer Rehab Plan

    Delaware's Chancellor on Tuesday extended the deadline for a receiver’s plan to rehabilitate reinsurer Scottish Re (US) Inc. or pivot to liquidation following a report that crucial interest rate and insurer mortality assumptions have taken a grim, COVID-19-related turn.

  • March 31, 2020

    Fed. Circ. Says VA Didn't Flub Math On $2.4B Contract Award

    An Anthem unit didn't lose out on a $2.4 billion U.S. Department of Veterans Affairs contract because the department was bad at math, the Federal Circuit said Tuesday in a ruling that signed off on the agency's calculations.

  • March 31, 2020

    Allergan Defeats Untimely NJ Insurance Fraud Claims

    A New Jersey lawsuit accusing Allergan PLC's predecessor of carrying out deceptive marketing practices that ultimately defrauded public health insurance programs was filed too late, a state court judge ruled in a decision made public Tuesday.

  • March 31, 2020

    Law Firm Pay Cuts, Layoffs Will Likely Multiply

    As Cadwalader pauses partner distributions and cuts staff pay and Pryor Cashman furloughs associates, a slew of other firms are likely to follow suit as the legal industry goes into crisis mode to weather the economic storm caused by COVID-19.

  • March 31, 2020

    11th Circ. Pops Appeal Of Beach Ball Injury Insurance Suit

    The Eleventh Circuit has shot down an appeal by a Florida nightclub looking to force its insurer to defend it in a suit alleging a patron was injured by a large beach ball, saying the insurance policy clearly excludes injuries related to "amusement devices" like the ball.

  • March 31, 2020

    NJ Justices Vexed By City's Workers' Comp. Payout Fight

    The New Jersey Supreme Court was baffled by Asbury Park’s contention that it should be first in line to recoup its portion of a workers’ compensation payout to an injured firefighter, noting Tuesday that the municipality only paid $400,000, while its insurer shelled out $2.6 million.

  • March 31, 2020

    Avis Rental Fee Suit Tossed After Consumer's Concession

    A consumer's proposed class action against Avis and Ace American Insurance Co. over fees tacked onto optional car rental insurance has been dismissed by a Florida federal judge after the consumer conceded that he agreed to the fees.

  • March 31, 2020

    Selective Off The Hook For Unsolicited Fax Suit Coverage

    A Pennsylvania federal judge has ruled that Selective Insurance Co. of America does not need to cover a doctor’s office in a suit accusing it of sending unsolicited faxes, finding that the policy excludes coverage for intentional acts such as those alleged in the underlying suit.

  • March 31, 2020

    Cadwalader Cuts Pay Across The Firm To Weather Pandemic

    Cadwalader Wickersham & Taft LLP’s leadership announced Tuesday that the law firm is pausing partner compensation distributions and reducing associate and senior administrative staff pay by 25% in response to the economic uncertainty surrounding the COVID-19 pandemic.

  • March 30, 2020

    Texas Cos. Look To Block ACA Preventive-Care Mandates

    A Texas-based orthodontics company and a management company hit the government with a proposed class action in federal court Sunday, seeking to permanently block Affordable Care Act mandates that require insurance companies to cover contraceptives and drugs to prevent HIV.

  • March 30, 2020

    Insurer Wants $1.1M From Lowe's Over Humidifier Blaze

    Preferred Mutual Insurance Co. sued Lowe’s Companies Inc. in New York federal court on Monday, saying the retailer owes $1.1 million after a humidifier it made and sold caused a fire in a policyholder’s home.

  • March 30, 2020

    Anthem Affiliate Settles $99M Merger Escrow Suit In Del.

    An Anthem Inc. affiliate agreed Friday to release a $99 million merger escrow to the sellers of a trio of Florida health insurers after a new U.S. Department of Justice lawsuit in New York undercut the affiliate's defense in a looming Delaware Chancery Court contract battle.

Expert Analysis

  • Guiding Clients Through DOL Benefit Plan Probes: Part 2

    Excerpt from Lexis Practice Advisor
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    Kathleen Barrow at Fox Rothschild discusses how to manage agency and plan sponsor expectations during U.S. Department of Labor investigations of employer-sponsored benefit plans, and explains key steps for closing the inquiry.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Fla. Construction Industry Faces Unique COVID-19 Challenges

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    In light of the new statewide edict Florida Gov. Ron DeSantis has issued in response to COVID-19, Robert Alfert and Lacey Corona of Nelson Mullins set forth practical guidance and recommendations on how the state's construction and development industry can adapt to the labyrinth of state and local executive orders.

  • Rebuttal

    Don't Assume 'Physical Loss' Language Bars Virus Coverage

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    A recent Law360 guest article mistakenly assumes that many standard insurance policies will not cover COVID-19 business interruptions without a specialized endorsement, when in actuality courts will not automatically deny such claims because of a physical damage requirement, says Stacy Tucker at Kantor & Kantor.

  • Guiding Clients Through DOL Benefit Plan Probes: Part 1

    Excerpt from Lexis Practice Advisor
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    Counsel can reduce the time and anxiety involved with U.S. Department of Labor investigations of employer-sponsored benefit plans by assisting with review of fiduciary insurance coverage and internal controls, says Kathleen Barrow at Fox Rothschild.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • COVID-19 Claims Reach Entire Insurance Coverage Spectrum

    Excerpt from Lexis Practice Advisor
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    COVID-19's impact on public health and business is triggering a barrage of insurance claims across virtually all traditional coverage areas, with each type of policy featuring unique weaknesses, says LexisNexis insurance consultant Karen Yotis.

  • NYDFS Demand Precedes Future Coronavirus Insurance Suits

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    The New York State Department of Financial Services' request for property and casualty insurers to preemptively explain their insurance policies relevant to COVID-19 should not be taken lightly, given the coverage disputes likely to ensue, says Adam Durst at Goldberg Segalla.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • HIPAA Privacy Reminders For Plan Sponsors During COVID-19

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    Group health plan sponsors should heed a few basic tenets of Health Insurance Portability and Accountability Act patient privacy rules that will likely remain unchanged by future U.S. Department of Health and Human Services guidance mandated by the Coronavirus Aid, Relief, and Economic Security Act, says Brian Johnston at Jackson Lewis.

  • How Cyber Cases Can Inform COVID-19 Business Litigation

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    Businesses hoping to understand their COVID-19 litigation risks, including those involving the impracticability of contracts due to shutdowns, can learn from recent complicated privacy and data litigation, says Christopher Ott at Rothwell Figg.

  • Changes State Insurance Regulators Are Making For COVID-19

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    State insurance departments across the U.S. are reacting quickly to address COVID-19, primarily by requesting cooperation and clarification of policy terms, but some states are affirmatively instructing the industry to engage in certain activities, say Brian Casey and Zachary Lerner at Locke Lord.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

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