Insurance

  • August 06, 2020

    Insurer Says It Needn't Defend Strip Club's Defamation Suit

    United Specialty Insurance Co. told an Illinois state court that it has no duty to defend a Chicago strip club, Atlantis Gentlemen's Club, in an underlying suit accusing it of defamation by posting 30 models' pictures on its social media without their consent.

  • August 06, 2020

    Judge Sinks Insurer's Suit Over Ship Abandoned In Brazil

    A New York federal judge on Thursday threw out claims by German insurer Great Lakes Insurance SE that the owners of a ship carrying cargo for one of its insured companies conspired to abandon it in Brazil, saying the court doesn't have maritime jurisdiction because the alleged conspiracy did not happen at sea.

  • August 06, 2020

    Coronavirus Litigation: The Week In Review

    Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic. 

  • August 06, 2020

    Insurer Sues Elevator Co. Over 84-Story Fall In Ill. Skyscraper

    Admiral Indemnity Co. has sued an elevator company seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center fell 84 floors and was shut down by the city, inhibiting customers from accessing its policyholder, the operator of a 95th-floor restaurant.

  • August 05, 2020

    Insurer Faces 3rd Class Suit Over Trips Canceled Due To Virus

    Travel insurer Assicurazioni Generali Group was hit with another proposed class action Wednesday, accusing it of wrongfully denying a trip cancellation claim after the insured was exposed to COVID-19 and went through quarantine.

  • August 05, 2020

    Insurance Tycoon's Political Corruption Conviction Upheld

    A North Carolina federal judge on Tuesday upheld the convictions of an insurance company executive and his consultant found guilty of trying to bribe North Carolina's top insurance regulator with millions of dollars in political contributions in exchange for reduced scrutiny of the insurance magnate's businesses.

  • August 05, 2020

    Insurer Needn't Pay Food Co.'s Costs To Stay Open

    A Massachusetts federal judge ruled Wednesday that Steadfast Insurance Co. does not need to reimburse policyholder Ken's Foods for costs the salad dressing maker incurred to stay in operation while cleaning up a wastewater spill.

  • August 05, 2020

    Hinshaw Adds Ex-Clausen Miller Insurance Atty In NY

    Hinshaw & Culbertson LLP has hired away a shareholder from Clausen Miller PC for its New York office to expand the firm's global insurance services practice group.

  • August 05, 2020

    EpiPen Buyers Lose Bid For Class Status In ERISA Suit

    A Minnesota federal judge denied class certification to EpiPen buyers Wednesday in a suit accusing Express Scripts, CVS Health and other pharmacy benefit managers of violating the Employee Retirement Income Security Act by causing plan participants to overpay for the device.

  • August 05, 2020

    Pa. Salon Sues Hartford Insurance For Virus Closure Coverage

    A hair salon outside of Philadelphia has filed suit in Pennsylvania state court against The Hartford Insurance Group, saying the insurer wrongfully denied coverage for business lost during state-mandated closures to slow the spread of the COVID-19 pandemic.

  • August 05, 2020

    3 Pandemic Real Estate Insurance Points To Watch

    Insurance companies are scrambling to figure out how and if they can offer real estate pandemic insurance while Congress is also looking into the question, and lawyers say coming up with such a product comes with major hurdles for the parties involved.

  • August 05, 2020

    Insurer Beats Worker's Untimely Pollution Claim At 8th Circ.

    The 8th Circuit has handed Kinsale Insurance Co. a win in a worker's injury fight, holding that the insurer had no need to indemnify Topp's Mechanical Inc. for a pollution-related accident because it had failed to provide timely notice of a possible claim.

  • August 05, 2020

    Travelers Dodges 'Unreasonably Late' $2.6M Storm Claims

    An Indiana federal judge ruled that Travelers Indemnity Co. is not obligated to pay a condominium company's nearly $2.6 million hail storm damage claims, finding that the claims were filed too late and the company failed to prove that damages occurred during Travelers' policy period.

  • August 05, 2020

    A&O, Freshfields Steer Finnish Insurer's €1.3B Hastings Deal

    Finnish insurer Sampo Plc will take a majority stake in Hastings Group Holdings Plc, the U.K. insurer said Wednesday, in a €1.3 billion deal ($1.52 billion) advised by Allen & Overy LLP and Freshfields Bruckhaus Deringer LLP.

  • August 04, 2020

    9th Circ. Rejects DOJ's Quick Appeal In Bid To End FCA Suit

    The Ninth Circuit on Tuesday rejected the U.S. Department of Justice's bid to end a False Claims Act suit it had declined to intervene in, saying the feds' wish to avoid "onerous" discovery was not important enough to warrant immediate appeal of an order denying the DOJ's motion to dismiss.

  • August 04, 2020

    7th Circ. Told Chubb Unit Must Cover Lab's $3.3M TCPA Deal

    Mesa Laboratories Inc. on Tuesday urged the Seventh Circuit to revive its bid to force a Chubb Ltd. unit to cover its $3.3 million class action settlement over unsolicited fax advertisements, saying an Illinois federal judge erroneously found that a policy exclusion for intentional conduct forecloses coverage.

  • August 04, 2020

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

    Legal and enforcement battles related to the COVID-19 pandemic raged this week with cases continuing to surge in various regions, as the East Coast states divided their time between responding to the pandemic and preparing for Tropical Storm Isaias. 

  • August 04, 2020

    Dentons Steers Rideshare Driver Insurer Buckle's $31M Round

    Dentons-advised Buckle, an insurance provider for Uber and Lyft rideshare drivers, said Tuesday that it raised $31 million in a funding round led by Willkie Farr & Gallagher LLP-guided insurance investor HSCM Bermuda and venture capital firm Eos Venture Partners.

  • August 04, 2020

    Coronavirus Q&A: Hunton's Health Practice Leader

    In this edition of Coronavirus Q&A, the leader of Hunton Andrews Kurth LLP's health practice discusses a severe financial squeeze on hospital law departments, how the pandemic can help doctors persuade patients to make lifestyle changes, and why COVID-19 relief funds will complicate hospital mergers and acquisitions.

  • August 04, 2020

    Liberty Mutual Ducks Construction Co.'s 'Covered Peril' Claim

    Liberty Mutual Fire Insurance Co. does not need to cover a construction company's claim for window damage to a skyscraper caused by a subcontractor's welding, the Fifth Circuit has said, finding the policyholders failed to show an excluded construction defect resulted in a "covered peril."

  • August 03, 2020

    Vizio Sues Insurers For Coverage Of $17M Privacy Deal

    Vizio Inc. has sued two insurers in California federal court, alleging "malicious" conduct in their refusal to indemnify the TV maker for a $17 million settlement of a 2018 multidistrict litigation accusing the company of selling data on consumers' viewing habits without their consent.

  • August 03, 2020

    Judge Asks If HHS' Hands Tied On Gay, Gender Identity Rule

    A D.C. federal judge was skeptical Monday that he can toss a Trump administration rule gutting gay and transgender protections under the Affordable Care Act, given that a Texas court forced regulators' hands by shutting down an Obama-era push to bar discrimination over medical patients' gender identity.

  • August 03, 2020

    Zale Can't Tap Excess Policies To Cover $34M Appraisal Deal

    A Texas appeals court has affirmed that Zale Corp. cannot force two excess insurers to help cover its $34.2 million settlement of a shareholder appraisal action over its 2014 sale to Signet Jewelers Ltd., holding that coverage is barred because the merger occurred after the policy period ended.

  • August 03, 2020

    Chicago Eateries, Museums Sue Insurers For Virus Coverage

    A group of popular Chicago eateries, bars and museums have told an Illinois state court their all-risk commercial property insurance should cover losses they sustained in the wake of coronavirus closure orders that left them largely "nonfunctional as restaurants and cultural institutions."

  • August 03, 2020

    7th Circ. Says Indiana Court Can't Punt OT Suit To Calif.

    The Seventh Circuit on Monday pulled back from California a suit alleging insurance services company Ryze misclassifies workers as overtime-exempt, reversing a ruling that crowding in Indiana's federal dockets justifies disregarding contract language funneling disputes to the Hoosier State.

Expert Analysis

  • Opinion

    JPML Hearing Shows Why Virus Insurance MDL Won't Work

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    On Thursday, some policyholders asked the Judicial Panel on Multidistrict Litigation for a single judge to oversee hundreds of federally filed COVID-19 business interruption claims, but their arguments for consolidation actually demonstrated that the differences between the cases far outweigh their similarities, says Adam Fleischer at BatesCarey.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Mich. Ruling Isn't Last Word On COVID-19 Insurance Claims

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    Although a Michigan state court dismissed the plaintiff's business interruption claim in Gavrilides Management v. Michigan Insurance, distinguishing features of the first dispositive decision in a COVID-19 coverage dispute will limit its impact on similar insurance litigation, say attorneys at Haynes and Boone.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • Numerosity Analysis Fix Can Improve Class Cert. Decisions

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    Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • 5 Key Takeaways From Texas Appraisal Trade Secret Saga

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    The ongoing trade secret dispute in Texas between home valuation company HouseCanary and former collaborator Title Source offers important lessons for litigators, on thoroughly conducting presuit investigations, properly drafting jury charges and more, say Eric Fues and Maximilienne Giannelli at Finnegan.

  • Virus Suit Immunity Would Likely Not Totally Shield Cos.

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    While new federal legislation limiting business liability for claims related to COVID-19 seems likely, companies should not assume that they will be granted blanket or retroactive immunity from regulatory actions or litigation by employees and customers, say Lisa Himes and Eleanor Ross at Rogers Joseph.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • Pandemic-Related Suits Against Employers Are Likely Insured

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    Most employee claims that are related to COVID-19, including those lacking any allegations of discrimination or harassment, will at least potentially trigger employment practices liability insurance, so employers should be highly skeptical of any denials of coverage, say attorneys at Haynes and Boone.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • Opinion

    Dreamers Bring Important Perspective To Legal Industry

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    The U.S. Supreme Court recently ruled to preserve the Deferred Action for Childhood Arrivals program for the time being, and at this critical time in our nation's history, there are several actions that every law firm can take to increase the visibility of Dreamers, say Regina Calcaterra, Isidora Echeverria and Montserrat Lopez at Calcaterra Pollack.

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