Insurance

  • July 24, 2020

    Trump's 'Sweeping' Drug Pricing Orders Draw Fury, Doubts

    Facing pandemic-battered poll numbers and a looming election, President Donald Trump announced executive orders Friday aimed at finally fulfilling a 2016 campaign promise to sharply cut drug prices, but the proposals came with escape clauses that could prevent them from becoming reality.

  • July 24, 2020

    NY Hospital System Says Chubb Denied It COVID-19 Coverage

    A New York hospital system on the front lines in the fight against the COVID-19 pandemic sued a unit of Chubb Insurance on Friday, saying the insurer strung the health care provider along for two months before wrongfully denying its claim for the cost of dealing with the virus.

  • July 24, 2020

    10th Circ. Says Health Plans Can't Hide 'Secret' Benefit Info

    The Tenth Circuit ruled Friday that benefits plan administrators must be upfront about what benefits their employees are entitled to and must include discretionary authority clauses that let insurers interpret coverage policies, reviving a lawsuit seeking reimbursement for mental health treatment expenses.

  • July 24, 2020

    Real Estate Rumors: Metropolitan, Lincoln, Scion

    Metropolitan Development Group is reportedly selling a Pennsylvania recreational facility for $8.2 million, a Lincoln Property venture is said to be starting construction of a Massachusetts life sciences project and Scion Group has reportedly landed $35 million in financing for student housing properties in Michigan and South Carolina.

  • July 24, 2020

    Aetna Blasts Conformis For Using Patient To Force Coverage

    Conformis is using an osteoarthritis patient as a means to compel Aetna to cover the medical device manufacturer's knee replacements, the insurer argued in trying to dismantle most of a suit claiming it flouted federal benefits law and committed trade libel.

  • July 24, 2020

    Insurer Must Cover Adviser In 'Rogue' Employee Suits

    Financial adviser Shurwest LLC has gotten a win in a dispute with its insurer over coverage in 11 suits by investors alleging it played a part in a former employee's scheme to market structured cash flow products from another company, with an Arizona federal judge ruling that the insurer has a duty to defend the suits.

  • July 24, 2020

    Insurer Must Cover Sherwin-Williams Ex-Worker's $3.5M Theft

    A Minnesota federal judge has said Beazley Insurance Co. must face Sherwin-Williams Co.'s suit seeking coverage for losses sustained when a former employee stole $3.5 million through inflated invoices, holding the paint company's policy exclusions do not apply.

  • July 24, 2020

    John Hancock Must Face Self-Dealing Suit Over 401(k) Lineup

    John Hancock must face a proposed class action alleging it packed employees' 401(k) plan with pricey, proprietary investment options that cost workers over $10 million in bloated administration fees and lost profits, a Massachusetts federal judge has ruled.

  • July 24, 2020

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

    The past week in London has seen Hermes and other retailers hit MasterCard with an antitrust suit, a packaged baked goods maker sue BNP Paribas and two fintechs go to court. Here, Law360 looks at those and other new claims in the U.K.

  • July 23, 2020

    Murder Threat To Judge Isn't Privileged Info, 8th Circ. Says

    The Eighth Circuit on Thursday affirmed a Minnesota man's conviction of making a murder threat to a federal judge, rejecting his arguments that his statements were privileged because he had been speaking with his attorneys and ruling that threats of violence don't "fall under the scope of attorney-client privilege."

  • July 23, 2020

    Roc Nation, Quinn Emanuel Shake Subpoena In Chancery Row

    A Delaware vice chancellor quashed late Thursday subpoenas aimed at rapper Jay Z's Roc Nation entertainment company and law firm Quinn Emanuel Urquhart & Sullivan LLP in connection with a Centene Corp. stockholder's Chancery Court suit for access to company records on prison health care service oversight.

  • July 23, 2020

    Excess Insurers Prevail In Row Over Carlyle's $396M Oil Loss

    A New York judge has ruled that Carlyle Group affiliates cannot tap into excess insurance from underwriters at Lloyd's of London to cover part of the nearly $396 million in crude oil they lost when a Moroccan oil refinery was seized in 2015, holding that the losses did not trigger the policy's coverage for theft.

  • July 23, 2020

    Construction Cos. Want Insurer To Cover Bridge Defect Work

    Two construction companies asked an Illinois federal judge Wednesday to find that Lexington Insurance Co. should cover the more than $1 million they spent repairing a concrete defect during a bridge replacement project in Washington, D.C., arguing the insurer improperly rejected their claim.

  • July 23, 2020

    Colleges Hit Insurers With Class Actions On COVID-19 Losses

    A group of Midwestern colleges slapped Zurich American Insurance Co. and Factory Mutual Insurance Co. with two proposed class actions Thursday, seeking a declaration that their policies worth upwards of $300 million should cover their millions in financial losses amid COVID-19.

  • July 23, 2020

    Coronavirus Litigation: The Week In Review

    Geico is facing a lawsuit from drivers over allegedly excessive COVID-19 premiums, Florida's largest teachers union is suing state officials to block the "reckless and unsafe" reopening of schools next month and Celebrity Cruises has settled a class action alleging it failed to protect its workers during the coronavirus pandemic. 

  • July 23, 2020

    Philly Restaurant Sues To Get Virus Closure Coverage

    The latest in a tidal wave of lawsuits over pandemic-related insurance issues, a Philadelphia restaurant accused Seneca Insurance Co. in state court on Tuesday of refusing to provide promised coverage after the eatery was forced to shut down as a result of the COVID-19 outbreak.

  • July 23, 2020

    Colombia Auctioning $366M Real Estate Portfolio Via US Co.

    The government of Colombia is auctioning off a $366 million real estate portfolio in what is the country's largest real estate offering in more than a decade, according to an announcement on Thursday from debt marketplace DebtX, which has been hired to sell the assets.

  • July 23, 2020

    Law Firm Can't Trim Claims In Data Breach Suit

    A Missouri federal judge won't let Warden Grier LLP trim down a suit from an insurance company alleging it mishandled a 2016 cyberattack that exposed private information, saying Thursday that suing a law firm does not turn all the insurer's claims into legal malpractice.

  • July 23, 2020

    Insurer Sued Over Hospitality Group's COVID-19 Losses

    A hospitality group has hit Hartford Fire Insurance Co. with a proposed class action in Connecticut federal court, saying the company has failed to issue coverage for catastrophic COVID-19 losses that threaten the survival of the group's dine-in restaurants, wine bars and cafes.

  • July 23, 2020

    Building Debris Is Excluded In Insurance Row, 11th Circ. Says

    The Eleventh Circuit on Thursday affirmed that a pollution exclusion in a general contractor's policy with Southern Owners Insurance Co. bars coverage for a suit alleging the builder's negligent work on a domestic violence shelter caused an employee to be injured by construction debris.

  • July 23, 2020

    Insurer Wants To Sink Ice Cream Shop's Virus Coverage Suit

    Merchants Mutual Insurance Co. urged a New Jersey federal judge Thursday to toss a restaurant's suit seeking coverage for COVID-19 business interruption, arguing that other courts have denied claims involving "strikingly similar" policies.

  • July 23, 2020

    Lab Strikes $1.2M Deal To End Fight With UnitedHealthcare

    A toxicology lab, two of its owners and an addiction treatment facility have agreed to pay about $1.2 million to put to rest UnitedHealthcare's claims that they conspired to cheat insurers out of millions of dollars.

  • July 23, 2020

    Insurer Says No Coverage Owed In Food Supplier's BIPA Row

    An Ohio insurer urged an Illinois state court Wednesday to declare it has no duty to defend or indemnify an Illinois-based supplier of dehydrated produce and other foods from claims the company's fingerprint timekeeping system violates the state's landmark biometric privacy law.

  • July 23, 2020

    Suits Over Erie Insurance Virus Denials Grouped In Pittsburgh

    Lawsuits from across Pennsylvania accusing Erie Insurance Exchange of improperly denying businesses coverage for losses due to the COVID-19 pandemic will be coordinated in Allegheny County, a state court judge ordered Thursday.

  • July 23, 2020

    Texas Hospital Wants Coverage For Employee's $2M Scam

    A Texas hospital is suing its insurance company, saying it was wrongfully denied coverage after an employee allegedly stole nearly $2 million by making fraudulent orders for medical supplies.

Expert Analysis

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • FCC's New Autodialer Definition Departs From Past Approach

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    The Federal Communications Commission recently established narrower boundaries for what counts as an automatic telephone dialing system, representing a step back from previous efforts to expand the Telephone Consumer Protection Act to meet new technology, say attorneys at Benesch Friedlander.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

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    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

  • Tips For Presenting A Credible Witness By Videoconference

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    With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • 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.

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