Insurance

  • July 20, 2020

    9th Circ. Affirms Insurer's Win In Pool Co. TM Coverage Row

    The Ninth Circuit affirmed Monday that Colony Insurance Co. doesn't have to cover pool company Premier Pools Management Corp.'s costs to defend or settle a trademark infringement and unfair competition lawsuit brought by a similarly named competitor.

  • July 20, 2020

    3 Firms Steer Thoma Bravo's $594M Majesco Take-Private

    Private equity firm Thoma Bravo has agreed to take cloud insurance software company Majesco private at a $594 million valuation in a deal steered by Sheppard Mullin, Khaitan & Co. and Kirkland & Ellis, Majesco said Monday.

  • July 20, 2020

    Builder Aims To Revive 49ers Stadium Access Coverage Battle

    A joint venture between Turner Construction Co. and Devcon Construction Co. urged the Ninth Circuit on Friday to reverse a lower court and find that its insurers owe it coverage of the San Francisco 49ers' claims that its negligence may have caused parts of the team's home stadium to be inaccessible to individuals with disabilities.

  • July 20, 2020

    Insurer Slams Bid To Consolidate Pa. Virus Coverage Suits

    Erie Insurance Exchange urged a Pennsylvania state judge Friday to reject a bid by a Pittsburgh restaurateur to consolidate a wave of pending lawsuits against the insurer seeking coverage for financial losses sustained as a result of the coronavirus pandemic.

  • July 20, 2020

    Insurer Still On Hook To Defend Suit Against Brad Pitt Charity

    A Louisiana federal judge has granted Brad Pitt's charity's bid to toss a suit from TIG Insurance Co. seeking a declaration that it doesn't need to defend the charity in a $20 million class action over poorly constructed homes, saying that the actor and a charity executive needed to be included in the suit and that the case belongs in state court.

  • July 17, 2020

    Hoteliers Can't Duck $8M Insurance Fraud Suit

    A Florida federal judge axed an investment firm's bid to escape an $8 million insurance fraud suit Friday, holding that Arch Specialty Insurance Co. has adequately pled that the firm had misrepresented Hurricane Irma damages its M Hotel property.

  • July 17, 2020

    Trump's ACA-Skirting Insurance Rule Survives At DC Circ.

    The D.C. Circuit on Friday declined to block the Trump administration from expanding short-term health insurance policy plans that skirt certain Affordable Care Act requirements, saying that Congress gave the government the legal authority to permit the lightly regulated policies.

  • July 17, 2020

    Wash. State Fights Rollback Of ACA Trans Health Protections

    Washington state filed suit in Seattle federal court Thursday challenging the Trump administration's rule that eliminated civil rights protections in the Affordable Care Act for transgender patients, saying the rule defies the U.S. Supreme Court's ruling that federal law banning sex-based discrimination protects gay and trans people.

  • July 17, 2020

    Insurer Launches Bid To DQ Firm In $35M Coverage Fight

    Security National Insurance Co. told a Pennsylvania federal judge on Friday that Langsam Stevens Silver & Hollaender LLP's work on behalf of a sister company warranted disqualifying the firm from pursuing claims against the insurer over coverage for a construction accident.

  • July 17, 2020

    ERISA Doesn't Sink No-Pay Suit Against Aetna, 3rd Circ. Says

    The Third Circuit partially revived a New Jersey plastic surgery practice's suit accusing Aetna Health Inc. of reneging on its promise to reimburse it for out-of-network surgeries, ruling in a precedential decision Friday that certain claims weren't preempted by ERISA because they had nothing to do with insurance plans covered by the federal law.

  • July 17, 2020

    Texas Atty Can't Change Venue In Expert Witness Fee Suit

    A personal injury attorney accused of not paying his expert witness for work on insurance lawsuits over hurricane damage can't move the dispute to the county where he used to operate a law office, a Texas appellate court has ruled.

  • July 17, 2020

    Film Workers Sue Union Health Plan For Virus Relief Denial

    Two union members have lodged a proposed ERISA class action in California federal court, claiming the Motion Picture Industry Health Plan provided relief to some of its participants during the coronavirus outbreak while excluding others in violation of the federal benefits law.

  • July 17, 2020

    PBM Group Loses Bid To Halt Okla. Law Pending Appeal

    Oklahoma officials may enforce parts of a state law regulating pharmacy benefit managers while an industry group challenges the entire law at the Tenth Circuit, an Oklahoma federal court has ruled.

  • July 17, 2020

    9th Circ. Clears Insurer From Covering Vacuum Co. Settlement

    The Ninth Circuit has sided with Scottsdale Insurance Co. in its dispute with a vacuum maker over coverage of a trade secrets suit, saying the insurance company was right to ask for reimbursement of defense and settlement costs after determining that the suit didn't fall under its policy.

  • July 17, 2020

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

    The past week in London has seen Ukrainian and Russian lenders file separate fraud claims against their former owners, stationary bike maker Peloton sue a rival over intellectual property, and a group of insurers file a cargo dispute against shipping giant Maersk. Here, Law360 looks at those and other new claims in the U.K.

  • July 16, 2020

    Zurich Slams Ocwen's 7th Circ. Bid For TCPA Suit Coverage

    Zurich American Insurance Co. has urged the Seventh Circuit to rule it has no duty to defend Ocwen Loan Servicing LLC in a suit accusing Ocwen of invading a debtor's privacy with repeated robocalls, arguing the lower court correctly found that policy exclusions bar coverage.

  • July 16, 2020

    7th Circ. Undoes Class Cert. In Allstate Stock-Drop Suit

    The Seventh Circuit on Thursday vacated a lower court's decision to certify a class of investors in a stock-drop suit against Allstate Corp., ruling that while class certification may be appropriate, the court didn't adequately consider evidence that Allstate stock prices were not impacted by allegedly lax underwriting standards.

  • July 16, 2020

    Employment Suits Continue Piling Up Amid COVID-19

    Employment disputes linked to COVID-19 rose for the fourth straight month in June, but insurance and contract disputes continue to dominate coronavirus-linked litigation despite the first downtick in those categories since the pandemic struck, according to Lex Machina data released Thursday.

  • July 16, 2020

    Coronavirus Litigation: The Week In Review

    This week saw developments in several lawsuits challenging governors' orders closing businesses in the coronavirus pandemic, while Uber and Lyft drivers continued to push for paid sick leave, and Princess Cruise Lines escaped suits brought by passengers who alleged they were put in danger of contracting the virus. 

  • July 16, 2020

    Whistleblower Suit Alleging Contractor Fraud Back In Court

    Mediation was unsuccessful in an unusual whistleblower case attempting to also hold insurers liable for alleged contractor fraud, and the case should proceed in court, the parties told a Washington, D.C., federal court.

  • July 16, 2020

    AIG Unit's Reinsurer Must Cover $7.2M Of Dole's Enviro Deal

    A New York federal judge ruled Thursday that London-based reinsurer Equitas Insurance Ltd. must cover a $7.2 million share of a $20 million payment that an AIG unit made toward Dole Food Co.'s settlement of claims over environmental pollution at a housing development in California.

  • July 16, 2020

    Mintz Adds 5 Ex-Squire Patton Insurance, Reinsurance Pros

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has swiped three partners and two counsel from Squire Patton Boggs LLP to bolster the firm's insurance and reinsurance practice.

  • July 16, 2020

    Rising Star: Steptoe & Johnson's Catherine Cockerham

    Steptoe & Johnson's Catherine Cockerham has helped defend insurers against a variety of complex, multi-party asbestos-related injury claims and insurance coverage disputes, landing her among the insurance law practitioners under age 40 honored as Law360 Rising Stars.

  • July 16, 2020

    Cancer-Focused Biotech Co. Leads 2 IPOs Netting $561M Total

    A cancer-focused biotechnology company and a specialty insurer debuted to receptive public markets on Thursday after pricing initial public offerings that raised $561 million combined under guidance from four law firms, joining an IPO stampede that shows no signs of easing.

  • July 16, 2020

    Real Estate Rumors: Integra, KKR, DR Horton

    An Integra Investments venture has reportedly paid $15.5 million for a Miami development site, KKR is said to have landed $97.5 million in financing for two Amazon-leased warehouses in Wisconsin, and D.R. Horton is said to have paid $12.5 million for 208 lots in South Florida.

Expert Analysis

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • New Cases Bring Lessons On Video Surveillance Preservation

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    Court decisions from the last few months suggest that failure to preserve or produce surveillance video does not automatically result in a negative inference or other sanction, but there are practice pointers that can be distilled, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Transactional Tax Risks In Renewable Energy Investment

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    Adverse holdings in the recent federal court cases Bishop Hill, California Ridge and Alta Wind have left the renewable energy industry with many unanswered questions about how to structure tax equity transactions to secure step-ups in tax basis, says Jordan Tamchin at CAC Specialty.

  • China's Relaxed Financial Sector May Aid Foreign Investors

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    Liza Mark and Han Liang at Haynes and Boone explore the Chinese government's recent laws and regulations relaxing restrictions on foreign ownership, which could provide greater market access and investment opportunities to foreign players.

  • Okla. Ruling Highlights Nuances In Drafting Service Contracts

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    The Oklahoma Supreme Court's holding that an intended service contract was actually an insurance contract in Sparks v. Old Republic provides a few key takeaways for how agreements can be distinguished as warranties, service contracts or insurance, say Brian Casey and Jon Gillum at Locke Lord.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Pre-IPO Companies Should Upgrade Their D&O Coverage

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    Directors and officers of private companies — especially startups preparing for their initial public offering — should consider enhancing their D&O insurance coverage to confront the new regulatory and compliance risks they face, say attorneys at Freshfields and Burns Bowen.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • 5th Circ.'s Windstorm Ruling Holds Silver Lining For Insureds

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    Although the Fifth Circuit recently barred recovery in Pan Am Equities v. Lexington Insurance, its decision may be an overall win for policyholders by affirming that rain and flood damage can trigger windstorm coverage, says Tae Andrews at Miller Friel.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • Expect A Flood Of COVID-19 Insurance Class Actions In Fla.

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    Florida is likely to attract a disproportionately high share of insurance class actions stemming from COVID-19 due to the state's population density and favorable case law toward policyholders when contract terms are ambiguous, says Alec Schultz at Leon Cosgrove.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • 7th Circ. BIPA Ruling May Alter Section 15(a) Cases In Illinois

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    Illinois courts may rely on the Seventh Circuit's recent procedural ruling in Bryant v. Compass Group to apply a two-year statute of limitations to claims under Section 15(a) of the Illinois Biometric Information Privacy Act, and hold that actions under this section are not insurable, says Al Fowerbaugh at Porter Wright.

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