Insurance

  • July 09, 2020

    Patent Cases To Watch In The Second Half Of 2020

    A wave of U.S. Supreme Court petition denials has made 2020 a bit of a letdown for patent attorneys, but there are several high-profile cases on the horizon that could decide the fate of Patent Trial and Appeal Board judges and biosimilars law, and offer more clarity on licensing standard essential patents.

  • July 09, 2020

    Liberty Mutual Workers Fight Bid To Nix Suit Over 401(k) Plan

    A group of Liberty Mutual workers and retirees have urged a Massachusetts federal judge not to toss their proposed class action claiming their retirement plan lost millions to excessive fees and poorly performing funds, saying they adequately alleged the company dropped the ball with the plan.

  • July 09, 2020

    3rd Circ. Won't Revive NJ Doc's Suit Over Improper Training

    The Third Circuit has affirmed the dismissal of a doctor's complaint alleging that medical supply companies' shoddy training led to him being accused of Medicare fraud, ruling Thursday that he wasn't specific enough about the wrong recommendations the companies made.

  • July 09, 2020

    Skadden-Led Insurer Trean Seeks To Raise $150M In IPO

    Specialty insurer Trean said Thursday its upcoming initial public offering could raise $150 million for the company and another $50 million for selling stockholders if the Skadden-steered company's shares price at midpoint.

  • July 09, 2020

    Walgreens Wants Insurers' Overcharging Suit Tossed

    Walgreens asked an Illinois federal judge on Wednesday to toss a "misguided" fraud suit accusing it of intentionally overcharging private insurers for prescription drugs, saying the case can't move forward without the pharmacy benefit managers that act as intermediaries in insurers' transactions with pharmacies.

  • July 09, 2020

    Liberty Mutual Says Roofing Co. Underpaid By $2.3M

    Liberty Mutual sued a Georgia roofing company in federal court for about $2.3 million in allegedly underpaid premiums for workers' compensation insurance, saying the group misstated the size of its business and failed to cooperate with audits.

  • July 09, 2020

    Calif. Joins Car Parts Price-Fixing MDL

    The state of California has again hopped into a sprawling multidistrict litigation case over an alleged scheme to inflate prices for auto parts, filing a complaint against Hitachi Automotive Systems Ltd. in Michigan federal court Wednesday.

  • July 08, 2020

    Bracewell Swipes Managing Partner From Pillsbury Winthrop

    Bracewell LLP has hired away a former managing partner of Pillsbury Winthrop Shaw Pittman LLP's Houston office to bolster the firm's nationwide expansion of its litigation group.

  • July 08, 2020

    Worker Says She Was Fired Over Child Care During Pandemic

    A San Diego woman claims she was discriminated against and fired from her job with an insurance company because she was trying to juggle care for her two young children while she worked from home during the coronavirus pandemic, according to a lawsuit filed in California state court.

  • July 08, 2020

    COVID-19 Accelerating Growth Of Class Action Cases

    The COVID-19 pandemic and associated shutdowns and economic fallout have led to more than 500 class action lawsuits, particularly insurance-related and education refund suits, according to a new survey from Carlton Fields.

  • July 08, 2020

    In Novel Ruling, 5th Circ. Curbs Privacy On Bitcoin Exchanges

    A first-of-its-kind Fifth Circuit finding that Bitcoin exchanges can disclose user data to the government without being served a warrant has troubled advocates, who say the boosted privacy that the cryptocurrency can provide is crucial to its appeal. 

  • July 08, 2020

    Insurer Says It Needn't Cover Atty Linked To $7.4M Fraud

    StarStone Specialty Insurance Co. is asking a Florida federal court to cancel an insurance policy it issued to Private Advising Group PA, saying the group knew when it sought coverage that it might face a suit over its founder's connection to a $7.4 million fraud case, but lied on its application.

  • July 08, 2020

    3 Firms Steer KKR's $4.4B Global Atlantic Deal

    KKR said Wednesday that it will purchase financial services company Global Atlantic in a roughly $4.4 billion deal guided by Simpson Thacher, Willkie Farr and Debevoise.

  • July 08, 2020

    Justices Widen Scope Of Birth Control Coverage Exemption

    The U.S. Supreme Court ruled 7-2 on Wednesday that employers can exclude birth control from their health care plans if they oppose contraception on moral or religious grounds, upholding Trump administration rules that made it easier to skirt the Affordable Care Act's contraception mandate.

  • July 07, 2020

    Mich. Eateries' Loss Highlights COVID-19 Coverage Hurdles

    A Michigan judge gave teeth to one of insurers' chief arguments against coverage for losses during the COVID-19 pandemic with a first-of-its-kind ruling last week that a restaurant owner cannot tap its business interruption policy because its eateries did not sustain "direct physical loss or damage."

  • July 07, 2020

    Cardem Says Miners Just 'Fishing' For $934M In Pension Suit

    Bermuda-based Cardem Insurance Co. Ltd. challenged a Washington, D.C., federal judge's recommendation to keep alive claims that it owes nearly $1 billion to a pension fund, arguing Monday that the fund's trustees can't prove that the U.S. has jurisdiction over the case.

  • July 07, 2020

    Bar Slaps Insurer's Bid To Get Ohio Justices In COVID-19 Row

    An Ohio bar urged a federal judge to reject Cincinnati Insurance Co.'s bid to bring in the Ohio Supreme Court to certify whether COVID-19 causes a physical loss at the heart of the insurer's case, saying the issues don't involve questions of state law but are governed by "universal principles" for interpreting "standardized" insurance terms.

  • July 07, 2020

    Real Estate Rumors: Shvo, MetLife, Southport Financial

    A Michael Shvo venture is reportedly getting a 10% discount on the $700 million it has agreed to pay for a San Francisco office tower, MetLife is said to have loaned $217.5 million to Blackstone for an industrial portfolio and Southport Financial Services is reportedly trying to rezone a Florida property to allow for as many as 100 new senior housing units.

  • July 07, 2020

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

    The uptick in the spread of COVID-19 reenergized an emphasis on face coverings this past week, leading to a public awareness campaign in California and a new law in Texas. And in Pennsylvania, Gov. Tom Wolf shared World Health Organization research in an effort to get commonwealth citizens to cover up. 

  • July 07, 2020

    Yanks' Farm Team Takes Swing At Insurer For Virus Coverage

    Three minor league baseball teams, including one attached to the New York Yankees, are taking Philadelphia Indemnity Insurance Co. to Pennsylvania state court, alleging the company has wrongly denied them coverage for the losses they stand to suffer because of the season's cancellation.

  • July 06, 2020

    Eateries Say Insurer's Response To Virus Claims Lacking

    A Dallas restaurant group shot back against Cincinnati Insurance Co.'s efforts to get out of covering COVID-19-related losses, telling a Texas court that if "viruses could not cause physical damage, there would be no reason to specifically exclude it."

  • July 06, 2020

    Kombucha Maker Wants Insurers To Cover False Ad Claims

    A kombucha maker for Trader Joe's Co. and Safeway Inc. is asking Nautilus Insurance Co. and Ohio Security Insurance Co. to fund its defense against a proposed class action and pay a settlement stemming from claims over false labeling of alcoholic sugar content in its kombucha in Colorado federal court.

  • July 06, 2020

    Travelers Says No Coverage In Denmark's $2B Fraud Suit

    Travelers Indemnity Co. of America on Monday asked a Kentucky federal court to declare it need not defend a family of financial service advisers implicated in a $2.1 billion scheme to defraud the Kingdom of Denmark, saying its policy with the family does not cover criminal actions, but does cover bodily injury or property damage.

  • July 06, 2020

    Insurance Cases To Watch In The 2nd Half Of 2020

    Trial courts around the country will have their hands full this year unraveling hundreds of lawsuits over insurance coverage for financial losses during the COVID-19 pandemic, while state high courts are primed to address thorny issues like whether U.S. Securities and Exchange Commission disgorgement payments are insurable.

  • July 06, 2020

    Vegas Casino Says AIG Stiffed Them On Coverage For Virus

    The operators of Las Vegas' Circus Circus Hotel and Casino are taking AIG Specialty Insurance Company to Nevada federal court, alleging that the insurer has wrongfully denied coverage for business lost as a result of the COVID-19 pandemic.

Expert Analysis

  • What Courts Say About Protecting Internal IP Probes In Calif.

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    California and federal court decisions from other legal contexts may provide guidance on maximizing privilege protections for in-house legal departments facing increased demands for internal intellectual property investigations as shelter-in-place orders lift and technology companies reopen, say Alex Reese and Julia Kropp at Farella Braun.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Broker Liability For Insureds' COVID-19 Losses Likely Limited

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    Policyholders may attempt to hold insurance brokers liable for unsuccessful COVID-19 business interruption claims — and at least one such suit has already been filed — but brokers should be fairly safe as long as they followed certain best practices in advising clients, say Glenn Jacobson and Thomas Maeglin of Abrams Gorelick.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • 'Notice Of Circumstances' May Preempt Virus Insurance Denial

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    Insurance policyholders impacted by COVID-19 should consider proactively sending notices of circumstances to their insurers in order to preempt new pandemic policy exclusions, although this tactic carries certain risks as well, say Richard Milone and Jennifer Romeo at Milone Law Firm.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

  • Major Trends In COVID-19 Business Interruption Lawsuits

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    A look at the business interruption insurance lawsuits filed across the country in connection with COVID-19 losses reveals three ways policyholders are arguing for coverage, as well as a variety of approaches to the issue of virus exclusions, say Lee Siegel and Ryan Maxwell at Hurwitz & Fine.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • Opinion

    Reopening Economy Requires Liability Shield For Businesses

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    Without responsibly limiting COVID-19 liability for the business community — as the Senate Judiciary Committee discussed Tuesday — no amount of encouragement to reopen the economy will get the country back to work, says Samuel Olens, counsel at Dentons and former attorney general of Georgia.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • Solutions For Commercial Tenants Facing Rent Challenges

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    Various remedies are available to commercial tenants struggling to pay rent due to COVID-19, but lease restructuring may be the most likely option to yield a win-win for tenants and landlords, says Robert Cox at Briglia Hundley.

  • 11 Post-Pandemic Predictions For Telehealth Regulation

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    Though many regulatory changes related to telehealth usage will revert after the pandemic, they will likely pave the way for more permanent developments in the future, say attorneys at Holland & Knight.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • 6 Lessons On Jury Advocacy In The Wake Of A Crisis

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    Cases tried during earlier times of disaster and tragedy — including the beginning of the Gulf War, Hurricane Sandy, and the 9/11 attacks — teach us that attorneys must not exaggerate the degree to which juror decisions will be affected by the COVID-19 pandemic, say Francis Morrison and John Tanski at Axinn.

  • Protecting Privilege When Communicating With Contractors

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    Courts continue to define where information shared with independent contractors and specialists fits for purposes of the attorney-client privilege, and recent decisions show that jurisdictions vary in their application of the third-party waiver exception, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

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