Insurance

  • July 16, 2020

    Houston Rockets Sue Insurer For COVID-19 Coverage

    The NBA's Houston Rockets and their home arena are suing their insurance company, alleging it denied them coverage for losses stemming from the COVID-19 pandemic in an act of bad faith as part of a companywide policy to deny coverage for similar claims.

  • July 16, 2020

    Insurers Face Up To €80B In Claims Over Virus, Report Warns

    Businesses around the world that provide insurance cover for events and travel interruptions could be hit with claims of up to €80 billion ($91 billion) over the COVID-19 pandemic, according to research from ratings agency Moody's.

  • July 15, 2020

    Porn Studio Tells 9th Circ. Insurer Must Cover HIV Litigation

    A pornography studio and its British owner urged the Ninth Circuit on Wednesday to find that Atain Specialty Insurance Co. has a duty to defend or indemnify them against performers' lawsuits alleging they contracted HIV on the job, arguing that coverage is not barred by a sexual acts policy exclusion.

  • July 15, 2020

    Injury Attys Undaunted By COVID-19 Nursing Home Immunity

    As a number of states have enacted emergency orders and laws to shield nursing homes from coronavirus-related civil suits, plaintiffs attorneys say they won't be stopped from filing suits thanks to immunity exceptions and potential constitutional challenges.

  • July 15, 2020

    Insurer Freed From Having To Defend DOL's $6M ERISA Suit

    An Ohio federal judge handed a quick win to Gemini Insurance Co. on Wednesday, ruling that it does not need to pay $2.48 million in legal bills for its policyholder, a trustee service company, for its violation of the Employee Retirement Income Security Act, since the insurer's policies contain ERISA exclusions.

  • July 15, 2020

    Rising Star: Pasich's Michael Gehrt

    Michael Gehrt of Pasich LLP has secured millions in coverage for DirecTV after a flood in Thailand hurt one of its suppliers, and he got the City of Beverly Hills a rare windfall through a settlement with its insurers over three car accidents, earning him a spot among the Law360 Rising Stars.

  • July 15, 2020

    Insurer Blames Degan Blanchard For Losing Accident Suit

    Prime Insurance Co. took Degan Blanchard & Nash PLC to Louisiana federal court on Wednesday, blaming the firm for losing a suit over a truck accident because of the "substandard conduct" of the attorney retained for the case.

  • July 15, 2020

    Ill. Cancer Clinic Says Visa Denial Hurts Patient Treatment

    An Illinois cancer treatment clinic asked a federal judge Tuesday to review U.S. Citizenship and Immigration Service's denial of an H-1B visa for the clinic's assistant administrator, saying the agency's abrupt refusal is puzzling amid unchanged visa regulations.

  • July 15, 2020

    NCAA Can't Tap $25M Coverage For Athletes' Pay Suit

    An Indiana appellate court affirmed Wednesday that the NCAA can't force three excess insurers to pay $25 million toward its defense of an antitrust suit over limits on student-athletes' compensation, saying a "related wrongful acts" exclusion bars coverage because the players' complaint shares allegations with another suit predating the policy period.

  • July 15, 2020

    Miami Court Pulls Off Fla.'s First Jury Trial In Pandemic

    The biggest question for Miami's Eleventh Judicial Circuit Court's jury trial pilot program was whether a panel could even be seated as the COVID-19 pandemic bore down. The answer turned out to be yes, with a verdict rendered Tuesday in the first jury trial in Florida since March.

  • July 15, 2020

    11th Circ. Revives Church's Hurricane Matthew Insurance Suit

    The Eleventh Circuit on Wednesday revived a Georgia church's suit against Southern Mutual Church Insurance Co. seeking coverage for roof damage caused by Hurricane Matthew, holding that the lower court wrongly ruled that the church was damaged by water, not by wind.

  • July 15, 2020

    Latham, Sidley Steer GoHealth's Upsized $914M IPO

    Private equity-backed health insurance platform GoHealth Inc. debuted in public markets on Wednesday following an upsized $914 million initial public offering that priced above range, guided by company counsel Latham & Watkins and underwriters' counsel Sidley Austin.

  • July 15, 2020

    PBM Group Goes After Rest Of Okla. Law After Partial Win

    The Pharmaceutical Care Management Association has turned to the Tenth Circuit in its bid to nix an Oklahoma law regulating pharmaceutical benefit managers, also urging a federal district judge to bar any part of the regulations from being enforced during the appeal.

  • July 14, 2020

    Lloyd's Of London Wants Fla. Salon's COVID-19 Suit Tossed

    Lloyd's of London urged a Florida federal judge Tuesday to toss a proposed class action suit brought by a beauty salon seeking COVID-19 loss coverages, arguing that the salon failed to allege physical loss and that the novel coronavirus is a microorganism and a pollutant excluded in the policy.

  • July 14, 2020

    UnitedHealth Group Sued For Shifting Plans' Money Around

    A proposed class action filed Tuesday in Minnesota federal court challenges UnitedHealth Group's practice of taking money from certain health insurance plans to recoup financial losses from others, accusing the insurer of reaping huge profits from a strategy that violates federal benefits law.

  • July 14, 2020

    Hospital Denied Quick Win Over Travelers' COVID-19 Coverage

    A Pennsylvania federal judge said Tuesday it would be premature to declare that a hospital's "loss of use" of buildings and facilities resulting from state-mandated COVID-19 closures is a physical loss covered under its policy with Travelers Property Casualty Co., noting that he will wait until he's considered certification of the putative class.

  • July 14, 2020

    The Biggest Texas Supreme Court Rulings This Term

    The Texas Supreme Court this term reaffirmed the power of the contract in partnership disputes and found itself at odds with a broad coalition of Texas trial lawyers when it cleared a Dallas litigator of jury misconduct. Here, Law360 breaks down the biggest rulings of the Texas Supreme Court term.

  • July 14, 2020

    Lloyd's Pushes 9th Circ. For Arb. In $6.3M Boxer Dispute

    An underwriter for Lloyd's of London is asking the Ninth Circuit to send a $6.3 million coverage dispute with a former professional boxer to arbitration, saying the boxer's haste in suing over the coverage for a career-ending injury shouldn't keep the underwriter from enforcing the policy's arbitration agreement.

  • July 14, 2020

    BCBS Says Generic Xyrem Delay Was Antitrust Scheme

    Blue Cross Blue Shield Association has accused Jazz Pharmaceuticals in California federal court of paying off generic-drug makers to delay their rival versions of the pharmaceutical giant's brand name narcolepsy drug Xyrem, arguing the alleged scheme caused buyers to overpay for the drug.

  • July 14, 2020

    6th Circ. Wrongly Axed IRS Microcaptive Suit, Justices Told

    Tax law experts urged the U.S. Supreme Court Tuesday to reverse the Sixth Circuit's decision that barred a challenge to IRS guidance labeling microcaptive insurance arrangements as potentially abusive tax shelters.

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

  • July 14, 2020

    The Year's Top High Court Moments From Law360's The Term

    Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.

  • July 14, 2020

    9th Circ. Revives Kaiser Hearing Loss Benefits Coverage Fight

    The Ninth Circuit on Tuesday partially resurrected a proposed class action claiming Kaiser wrongly refuses to cover any hearing loss treatment except cochlear implants, ruling that the policyholders had failed to show that Kaiser's plans are discriminatory but that it may be possible for them to amend their complaint to do so.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Calif. Court Resurrects Engineer's Asbestos Coverage Fight

    A California appeals court revived engineering company Santa Fe Braun Inc.'s bid to access dozens of excess insurance policies to cover its costs in asbestos personal injury suits, saying a recent ruling by the state's high court means Braun isn't required to exhaust all of its primary policies before it can tap into the excess coverage.

Expert Analysis

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • 5 Tips For Purchasing Insurance During A Pandemic

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    Insureds are likely to purchase or renew insurance at least once during the COVID-19 crisis and should plan carefully to mitigate the risk of potential coverage gaps caused by the pandemic's long duration and broad impact, says Dennis Windscheffel at Akin Gump.

  • A Survey Of Recent Biz Interruption Insurance Legislation

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    A surge in insurance industry policy proposals and federal legislative activity regarding business interruption issues underscores the possibility that Congress may pursue a solution in its response to COVID-19, say attorneys at Squire Patton.

  • 5 Ways Health Cos. Can Reduce Pandemic Cybersecurity Risk

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    Health care companies with newly remote workforces that are increasingly the target of cyberattacks should take several protective measures beyond merely implementing the patching recommendations suggested by a recent federal government cybersecurity alert, say Elliot Golding and Kristin Bryan at Squire Patton.

  • How Cos. Can Adapt To Insurance Industry After COVID-19

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    Policyholders should maintain diligence, carefully assess risks, and thoughtfully rebalance risk transfer and mitigation strategies in order to weather the pandemic's long-term impact on the insurance industry, says Daniel Struck at Culhane Meadows.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Federal Pandemic Insurance Can Help Prepare For Next Crisis

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    The recently proposed Pandemic Risk Reinsurance Act may bring stability to the insurance industry in the event of a future pandemic by establishing a program similar to those created in response to past widespread disasters like floods and terrorism, say Caroline Meneau and Hope Tone at Jenner & Block.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • How Insurers Can Prepare For Hurricanes During A Pandemic

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    Insurance companies will face unique challenges if a major hurricane strikes before the conclusion of the pandemic, so they should prepare for the possibility of depleted resources and socially distant claims investigations, say attorneys at Zelle.

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

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