Insurance

  • June 28, 2022

    Calif. Panel Won't Disqualify Law Firm In Pipe Maker's Fight

    A California appellate panel upheld on Tuesday a lower court's refusal to disqualify Pillsbury Winthrop Shaw Pittman LLP from representing Victaulic Co. in its multimillion dollar coverage fight with three AIG units, rejecting arguments that the firm's attorneys obtained relevant confidential information on AIG while at a previous firm.

  • June 28, 2022

    SL Green Wants Assets Pinned Down In $185M Award Fight

    An affiliate of New York commercial office space giant SL Green Realty Corp. on Tuesday filed an urgent motion asking a federal court in New York to freeze assets belonging to HNA Group as it looks to enforce a $185.4 million arbitral award against the failing Chinese conglomerate.

  • June 28, 2022

    Real Estate Co. Can't Get $12M Virus Coverage Under Policy

    A Connecticut state court judge axed a real estate investment firm's bid to recoup more than $12 million in pandemic-related losses from its insurer, finding that the claim falls clearly within a carveout for damages related to contamination.

  • June 28, 2022

    Wash. Justices Ponder Coverage For Delayed Tunnel Project

    An insurance coverage dispute over the three-year delay of a tunnel project in Seattle had the Washington Supreme Court on Tuesday again questioning whether the loss of use of a property constitutes physical loss covered by insurance.

  • June 28, 2022

    Split 11th Circ. Revives Bad-Faith Dispute On $12M Judgment

    A Florida federal court erred in a motorcycle crash victim's bad-faith suit seeking to collect a $12.6 million judgment from the at-fault driver's insurer when it failed to instruct the jury that an insurer not only has a duty to settle claims for its insured, but also to properly advise them, the Eleventh Circuit ruled Tuesday.

  • June 28, 2022

    8th Circ. Rejects Hotel Operator's Virus Coverage Appeal

    The Eighth Circuit refused to revive a hotel and restaurant operator's COVID-19 business interruption insurance suit against Continental Casualty Co. on Tuesday, finding the company did not show any covered physical loss or damage.

  • June 28, 2022

    11th Circ. Gives Doctor's Spouse Another Shot At ERISA Suit

    The Eleventh Circuit tackled an issue of first impression Tuesday, allowing a Florida doctor's surviving spouse to sue for lost benefits under the Employee Retirement Income Security Act after a health care company allegedly botched his enrollment in a supplemental life insurance plan.

  • June 28, 2022

    Insurers, Atty In Tax Shelter Coverage Suit Get Time To Settle

    A Texas federal court stayed an insurance coverage dispute Tuesday to allow time for the finalizing of a settlement among an attorney sued over his involvement in tax planning strategies scrutinized by the IRS and two companies that insured him.

  • June 28, 2022

    Policyholder Hopes Tested In Virus Case At Wash. High Court

    Washington’s top court seemed skeptical Tuesday that a pediatric dental practice’s slowdown of operations during the COVID-19 pandemic is tantamount to a loss caused by fire or rain requiring closure for repairs, in the court’s first in-person oral arguments held in over two years since the pandemic’s start.

  • June 28, 2022

    US Seeks To Enforce Summonses In Captive Insurance Probe

    A Florida business owner refused to provide the Internal Revenue Service with all the documents it needs to investigate captive insurance transactions his companies made, the U.S. said in a federal court filing calling for their release.

  • June 28, 2022

    Atlanta Hotel Asks 11th Circ. To Revive Mold Damage Claim

    The owner of an Atlanta Hilton hotel asked the Eleventh Circuit to revive its $20 million water and mold damage suit against Affiliated FM Insurance Co., arguing a Georgia federal court did not consider the actual language of the hotel's "all-risk" insurance policy when it tossed the case.

  • June 28, 2022

    Liberty Unit Seeks To Ax Wash. Landlord's Coverage Suit

    A Liberty Mutual subsidiary asked a Washington federal court to toss a landlord's bid for coverage of biohazard damage and unauthorized renovations caused by a former tenant, saying its initial denials of coverage were correct and reasonable.

  • June 28, 2022

    Panel Affirms Sanction On Homeowners In Fire Coverage Suit

    A California appeals panel upheld monetary sanctions imposed against two homeowners for destroying evidence before their insurer's inspector could investigate their claims for mold contamination stemming from the 2018 Carr fire.

  • June 28, 2022

    Investor Sues Auto Insurer Over Customer Recruitment Costs

    Directors and executives of auto insurance startup Root Inc. have been hit with a derivative investor suit in Delaware federal court alleging they misled shareholders about how much money the company spends acquiring new customers and caused the company's stock price to plummet.

  • June 28, 2022

    Benefits Cases To Watch In The 2nd Half Of 2022

    In the second half of the year, benefits attorneys will be keeping a close eye not only on legal battles hinging on familiar themes such as class certification and preemption, but also cases dealing with emerging issues such as cybersecurity and cryptocurrency.

  • June 28, 2022

    Ga. Judge Won't Rethink Pond Pollution Coverage Ruling

    A Georgia federal judge doubled down Tuesday on his ruling that a subdivision developer's insurance policy doesn't cover its alleged pollution of a nearby pond, rejecting its bid to amend or alter a final judgment in favor of the insurer.

  • June 28, 2022

    Senior Living Co. Says Insurers Stopped Paying Defense Bills

    A senior living community facing a class action over the way it calculates refunds for its residents is suing its insurers in New Jersey federal court, alleging they've stopped covering in full the community's defense costs in the underlying case despite having done so for years.

  • June 28, 2022

    Apt. Insurer Says It Has No Duty To Defend In Fatal Shooting

    An insurer asked a Georgia federal court to find that it has no duty to defend or indemnify the owner of an apartment complex over a wrongful death suit after a man was shot and killed on the property last year, saying the policy's firearms exclusion bars coverage.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Atty's Filing Delay Frees Insurer From Malpractice Suit Payout

    A ProAssurance insurer doesn't have to cover a lawyer who waited beyond his policy's reporting window to notify the insurer of an underlying legal malpractice suit, a Washington federal judge has ruled. 

  • June 27, 2022

    2nd Circ. Precedent Dooms Boutique's Virus Coverage Suit

    The owner of high-end clothing boutiques lost its COVID-19 coverage lawsuit with a Chubb unit when a New York federal judge ruled that the Second Circuit's precedent doomed the case because there wasn't any physical loss or damage to property.

  • June 27, 2022

    Insurer Owes $3M For Hockey Coach's Injury, Ill. Panel Says

    An insurer must cover half of a $6 million settlement resolving a high school hockey coach's allegations that he was assaulted by a former player, an Illinois state appellate panel ruled Monday, agreeing with a trial court's judgment that the agreement wasn't collusive despite an "obvious conflict of interest" in negotiations.

  • June 27, 2022

    Judge Trims Ford Dealer's Workers' Comp Coverage Suit

    A California federal judge said a Ford dealership can pursue allegations that its insurer breached policy obligations when handling its claim for coverage of a workers' compensation suit that stems from a 2019 deadly workplace shooting, but dismissed other claims surrounding the underlying civil action.

  • June 27, 2022

    Skechers Says HDI Tripped Over Trade Dress Claims Defense

    Skechers told a California federal court that HDI Global Insurance Co. prematurely terminated its defense in an underlying trade dress and slogan dispute over its Commute Time shoes and failed to reimburse the shoe giant for over $3 million in defense costs.

  • June 27, 2022

    Balwani's Trial Features Tears, Tension And Holmes' Shadow

    On the heels of ex-Theranos CEO Elizabeth Holmes' high-profile trial and conviction, former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial has had its own memorable moments, from contentious exchanges between defense counsel and the judge to emotional witness testimony.

Expert Analysis

  • 2nd Circ. Ruling Highlights ERISA Determination Deadlines

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    As seen in the Second Circuit’s recent McQuillin v. Hartford decision, the deadlines for deciding Employee Retirement Income Security Act claims and appeals have teeth, and there are consequences when a plan administrator fails to comply, says Mark DeBofsky at DeBofsky Sherman.

  • NYC Office Tower Ch. 11 Shines Light On Blocking Provisions

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    PMW Management's Chapter 11 filing, which recently received extra time to submit a restructuring plan, highlights courts' increasing skepticism of bankruptcy blocking provisions and favoritism toward leaving bankruptcy restructuring plans in the hands of the debtor, say Jeff Marwil and Ashley Weringa at Proskauer.

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Limiting Liability When Using Volunteers: Key Points For Orgs

    Excerpt from Practical Guidance
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    Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • How To Avert Unlawful Poaching Amid Rising Antitrust Risks

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    Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Opinion

    Calif. Bill On Protective Orders Threatens Privacy Norms

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    California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

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