Insurance

  • September 10, 2021

    Insurer Ducks Claims It Destroyed Evidence In Sprinkler Suit

    A New Jersey appeals court on Friday gave Samsung Fire & Marine Insurance Co. Ltd. a win in a suit alleging that it had destroyed a sprinkler head that would have been evidence in other litigation, finding that a building owner had not shown that it deserved damages as a result of its destruction.

  • September 10, 2021

    6th Circ. Won't Rehear St. Luke's Contract Termination Appeal

    The Sixth Circuit won't rehear St. Luke's Hospital's bid for a preliminary injunction barring ProMedica Health System from terminating insurance contracts with the hospital and its physician group.

  • September 10, 2021

    Insurer Balks At Paying For Mental Health Clinic's DOJ Deal

    An insurance carrier for Connections Community Support Programs Inc. on Friday asked a Delaware bankruptcy judge to rule it does not have to contribute to Connections' $15.3 million settlement with the U.S. Department of Justice, saying it never consented to the deal.

  • September 10, 2021

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

    This past week in London has seen DLA Piper sue a private equity firm, U.K. pharmacy giant Boots facing a mass equal pay claim, and Quinn Emanuel Urquhart & Sullivan UK LLP targeted by a Russian billionaire. Here, Law360 looks at those and other new claims in the U.K.

  • September 10, 2021

    Pandemic, Cyberattacks Fuel Demand For Insurance Attys

    The rise of COVID-19 business-interruption coverage disputes, unpredictable cyberattacks and natural disasters, along with what legal experts call a hard insurance market, has boosted the demand for insurance attorneys and spurred stiff competition for talent.

  • September 09, 2021

    Insurer Needn't Defend Motel In Sex-Trafficking Suit

    Nautilus Insurance Co. is not obligated to defend a suburban Philadelphia motel from two suits alleging it failed to prevent the sex trafficking of two minors, a Pennsylvania federal judge ruled Thursday.

  • September 09, 2021

    Sports Data Co.'s Virus Coverage Bid Doubtful, Judge Says

    An Illinois state judge on Thursday picked apart a sports data company's claims that two CNA Financial Corp. subsidiaries wrongfully denied it coverage for COVID-19-related business losses, signaling an uncertain future for the case.

  • September 09, 2021

    Insurer Sues To Slip Coverage Of $3M Bridge Repair Lawsuit

    New York-based Seneca Insurance said Wednesday that it is not bound to defend its trucking logistics policyholder in a $3 million lawsuit filed by the state of Indiana, after the company allegedly concealed the part it played when its cargo was involved in a crash that damaged a bridge.

  • September 09, 2021

    Elizabeth Holmes' Fraud Trial Delayed Over Virus Concerns

    U.S. District Judge Edward Davila said Thursday he would delay former Theranos CEO Elizabeth Holmes' criminal fraud trial until next week after a juror informed the court that he thinks he was exposed to COVID-19 over the weekend.

  • September 09, 2021

    'Avalanche' Of Virus Cases Favors Insurers, Judge Says

    A California federal judge said Thursday she's inclined to toss a Michelin-starred restaurant's proposed class action demanding that Sentinel Insurance cover pandemic-related losses, saying there's an "avalanche" of similar cases favoring insurers and "the fact that [the restaurant] had a different business model, guess what? So did everyone else."

  • September 09, 2021

    NY AG Goes After No-Poach Pacts In Title Insurance Industry

    New York Attorney General Letitia James reached a deal Thursday with Old Republic National Title Insurance Co. that requires the company to stop agreeing with independent insurance agencies to not hire workers from one another and obligating it to cooperate with an ongoing probe of the industry.

  • September 09, 2021

    Golden Corral Served Defeat In COVID-19 Coverage Dispute

    The Golden Corral restaurant chain lost its suit seeking pandemic-related insurance coverage after a North Carolina federal judge ruled that the chain didn't show it suffered the kind of physical loss or damage required for coverage under its $50 million policy with a Chubb unit.

  • September 09, 2021

    Lloyd's Can't Deny Coverage For Shootings, NY Court Told

    An asset management firm has sued a Lloyd's unit in New York state court for insurance coverage under its active assailant policy to cover costs arising from a pair of shootings on the firm's properties.

  • September 09, 2021

    Unvaccinated Aegerion Rep Can't Delay Prison, Feds Say

    A former Aegerion Pharmaceuticals Inc. salesman convicted in 2019 of a $1.8 million drug insurance fraud scheme should not be able to delay prison just because he isn't vaccinated, federal prosecutors argued Thursday.

  • September 08, 2021

    Report Shows Staffing Fluctuations At State Insurance Depts.

    Staff counts at some state insurance agencies have fluctuated dramatically since 2016, according to data published Wednesday by the National Association of Insurance Commissioners, despite only a modest overall staff increase in the last year.

  • September 08, 2021

    Insurers Prevail In 4 COVID-19 Coverage Suits In Oregon

    An Oregon federal judge dealt a blow to four businesses leading proposed class actions over their insurers' denial of claims for losses caused by the COVID-19 pandemic, finding the policyholders' properties did not suffer physical damage from government shutdown orders.

  • September 08, 2021

    Orthopedic Clinics Demand COVID Coverage From Zurich

    A group of orthopedic clinics on the East Coast has demanded that Zurich American Insurance cover the clinics' COVID-19 related business losses, arguing that the group's commercial policy contains coverages for shutdowns related to "microorganisms."

  • September 08, 2021

    Insurers Beat Benecard's 3rd Circ. Fraud Suit Coverage Fight

    The Third Circuit on Wednesday affirmed district court wins for Allied World Specialty Insurance Co. and other insurers in consolidated disputes with a drug prescription benefits manager over coverage for a former business partner's fraud lawsuit, ruling that the plain policy language and unambiguous exclusions tilted in favor of coverage denial.

  • September 08, 2021

    Insurer Says Tour Boat's Lack Of Waiver Dooms Coverage Bid

    An insurer has told a Florida federal court it has no duty to defend a tour boat operator in a lawsuit filed by a passenger who was injured while sliding off the back of the vessel, saying the commercial charter allowed the guest to board without signing a liability waiver.

  • September 08, 2021

    Texas Firm Drops Class Action Over Allstate Experts

    A Texas law firm has reached an agreement with Allstate to dismiss a proposed class action accusing the insurer of routinely putting forth unqualified expert witnesses to delay justice and drive up litigation costs. 

  • September 08, 2021

    Hotel Owner Gets Glimmer Of Hope In Virus Coverage Fight

    Zurich American Insurance Co. escaped most coverage for losses caused by the COVID-19 pandemic to a group of hotels across the country, but a Connecticut state judge, in an analogy-filled ruling, allowed the owner to proceed with claims regarding its Louisiana property.

  • September 08, 2021

    Restaurants Say Erie's Coordination Plan Unfair To Plaintiffs

    Erie Insurance Exchange and a pair of Pittsburgh restaurants seeking COVID-19 coverage have both opposed a Pennsylvania Superior Court ruling overturning the coordination of similar cases in Allegheny County, but the restaurants say Erie's proposal for reargument would give defendants the power to control whether cases get grouped together.

  • September 08, 2021

    Insurer Should Defend Opioid Suits, Ohio Court Told

    Masters Pharmaceuticals Inc. told the Ohio Supreme Court on Wednesday that suits brought against it by states and counties over the costs of responding to the nationwide opioid epidemic clearly allege damages caused by bodily injuries, thus triggering insurer Acuity's duty to defend the prescription drug wholesaler.

  • September 08, 2021

    Holmes' Fraud Trial Openings Draw Crowds, Look-Alikes

    Former Theranos CEO Elizabeth Holmes' long-awaited criminal trial kicked off Wednesday with prosecutors accusing her of lying to investors, defense counsel depicting her as a hard worker who made mistakes but never intended to commit a crime — and a few fans who showed up at court dressed like her.

  • September 08, 2021

    Ex-NFLer Wants $118K Fees After 9th Circ. Benefits Win

    A former NFL cornerback's attorneys asked the Ninth Circuit on Tuesday to send a message to the league's retirement plan by forcing it to pay $118,000 in fees they accrued successfully challenging the denial of the ex-player's disability benefits.

Expert Analysis

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Surprises May Lurk As 'No Surprises Act' Meets State Law

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    The No Surprises Act, which takes effect in January, introduces federal requirements to protect consumers from surprise medical bills, but also defers to certain state laws, which will present significant operational challenges for providers and payors determining whether the federal law, state law or both will apply to a course of treatment, say Alexandra Lucas and Christian Martin at Reed Smith.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    Benefits Ruling Contradicts Intent Of ERISA, Disability Plans

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    A Massachusetts federal court’s recent ruling in DeBold v. Liberty Life Assurance, upholding the insurer’s finding that rollover retirement funds could reduce disability payments, is inconsistent with the purpose of the Employee Retirement Income Security Act and eviscerates a disability benefits plan's goal of providing financial support during an employee’s working years, says Mark DeBofsky at DeBofsky Sherman.

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