Insurance

  • June 30, 2022

    COVID Tester Hits BCBS Unit With Competition Counterclaims

    COVID-19 testing provider GS Labs LLC has filed competition counterclaims against Blue Cross Blue Shield's Minnesota unit, hitting back against allegations of "laboratory profiteering" by submitting inflated reimbursement claims.

  • June 30, 2022

    3rd Circ. OKs Future Talc Claims Rep. In Imerys Ch. 11

    The Third Circuit rejected a bid by insurers of Imerys Talc America's predecessors to boot an attorney serving as a representative for future asbestos claimants from the company's Chapter 11 case, reasoning that they waived conflict-of-interest concerns over his firm's representation of the insurers in a separate case.  

  • June 30, 2022

    Greenberg Leads Invesco On $70M Loan For Ohio Property

    Greenberg Traurig LLP represented Invesco unit Midwest Industrial Agler Road Owner on a $70 million loan from Prudential Insurance Co. of America for the purchase of an industrial property in Columbus, Ohio, where Frito-Lay is currently a tenant, according to records made public Thursday.

  • June 30, 2022

    Wawa Loses NJ Bid for Virus Business Interruption Coverage

    A New Jersey state judge tossed Wawa Inc.'s amended COVID-19 business interruption suit Thursday, finding that the convenience store chain did not show any physical loss or damage required for coverage.

  • June 30, 2022

    Judge Won't Toss Late Hurricane Irma Damage Claim

    A Florida federal judge refused to toss a Hurricane Irma-related homeowners insurance case against a Hartford unit, finding that while the homeowners didn't provide timely notice, the insurer still needed to show the delay made a difference in how it handled the claim.

  • June 30, 2022

    4th Circ. Vacates Insurance Exec's Bribery Conviction

    The Fourth Circuit ordered a new trial for the owner of an insurance conglomerate and his consultant, who were convicted in 2020 of conspiring to bribe North Carolina's insurance commissioner by offering millions of dollars to reassign a regulator overseeing the conglomerate.

  • June 30, 2022

    Credit Reporting Agencies Hit With Suit Over Faulty Reports

    The three major U.S. consumer credit reporting agencies and an auto finance company were hit with a suit in Illinois federal court Wednesday by a consumer who claims the companies violated the Fair Credit Reporting Act by failing to follow reasonable procedures to assure maximum possible accuracy in the preparation of his consumer reports.

  • June 30, 2022

    NJ Panel Upholds Workers' Comp Premium Settlement

    A New Jersey appellate panel upheld an order forcing a construction company to honor its settlement with a Hartford unit over allegations of insurance fraud, agreeing with a lower court that supposed COVID-19 hardships aren't enough to excuse the company's obligations under the doctrine of impossibility.

  • June 30, 2022

    11th Circ. Affirms Munich's Win In Reinsurance Dispute

    Munich Reinsurance America Inc. has no duty to reimburse a Florida intergovernmental risk management company for its coverage of an insured in an underlying suit, the Eleventh Circuit affirmed after refusing to apply a follow-the-fortunes clause that did not appear in the parties' reinsurance agreement.

  • June 29, 2022

    Fla. Physical Therapy Clinic Workers Sentenced For Fraud

    Five individuals purportedly involved in an $8 million health care fraud scheme at a Florida physical therapy clinic have received varying prison sentences and were ordered to pay millions of dollars in restitution, the U.S. Department of Justice said Wednesday.

  • June 29, 2022

    6th Circ. Reverses Injunction Against Musician's $2.5M Award

    The Sixth Circuit reversed a lower court's injunction against a musician's Tennessee state court case over the distribution of a $2.5 million jury award against Hanover American Insurance Co., finding that the Anti-Injunction Act applies.

  • June 29, 2022

    La. High Court Says Logging Co. Can't Trim Crash Suit

    The Louisiana Supreme Court overturned a logging company's partial win Wednesday in a suit involving a crash between one of its drivers and another individual, finding that the company must face direct negligence and vicarious liability claims at this stage in the litigation.

  • June 29, 2022

    APCIA Joins New Mexico Insurance Chief In Boosting Fire Bill

    A leading insurance industry trade group and New Mexico's insurance chief threw their support behind a Senate bill to pay victims for damages incurred as a result of the massive wildfire that grew out of what was supposed to be a controlled burn.

  • June 29, 2022

    Bar Owner Says She's Owed Coverage After Ex's Arson

    The former co-owner of a Minnesota tavern and nightclub is seeking her share of insurance coverage after her ex-husband and former business partner burned the business down, claiming Wednesday that her insurer is finding her guilty by association.

  • June 29, 2022

    2nd Circ. Says NY Developers Can't Sue Town For Defamation

    The Second Circuit on Wednesday upheld a lower court's ruling that a city deputy attorney for the town of Islip, New York, did not defame a business when he sent a letter to its insurer claiming it was responsible for the dumping of toxic materials at Roberto Clemente Park.

  • June 29, 2022

    Rochester Diocese $147M Ch. 11 Deal To Be Heard In Jan.

    A $147 million sex abuse claim settlement the bankrupt Roman Catholic Diocese of Rochester reached with its insurers has been set for a discovery timeline, with a settlement hearing scheduled for late January 2023.

  • June 29, 2022

    Ga. Panel Says Insurer Not Liable For Boat Crash Coverage

    Cincinnati Insurance Co. has no obligation to pay benefits to a policyholder who was injured in a boat crash, a Georgia appeals panel affirmed Wednesday, finding that a statute regarding uninsured motorist coverage does not apply to watercraft.

  • June 29, 2022

    5th Circ. Waits On Bid To Certify Broker Question In Virus Suit

    The Fifth Circuit will continue with oral arguments next week in a Louisiana jewelry store's COVID-19 coverage appeal, saying Tuesday that it will wait to decide on the jewelry store's bid to send a question about its broker's obligations to the state's top court.

  • June 29, 2022

    Insurer Looks To Slip Coverage Over Fatal NC Golf Cart Crash

    Travelers Indemnity Co. said Wednesday it doesn't owe coverage to a man facing a wrongful death lawsuit over a golf cart accident that killed an 18-month-old in North Carolina, arguing the claims are explicitly barred under his insurance policies.

  • June 29, 2022

    Burlington's COVID-19 Coverage Suit To Stay In Federal Court

    Clothing retailer Burlington must have its COVID-19 business interruption suit against Zurich American Insurance Co. continue in New Jersey federal district court, a federal judge ruled, finding that New Jersey's state courts have sufficiently paved the way for determining how New Jersey law applies to Burlington's property policies.

  • June 29, 2022

    11th Circ. Says Nationwide Unit Not Liable For Late Claim

    The Eleventh Circuit refused to revive a Georgia retail building owner's suit against Scottsdale Insurance Co. on Wednesday, finding the company waited too long to file its claim after a September 2017 storm damaged its property.

  • June 29, 2022

    Trucking Co. Says Insurer Must Pay $22M Accident Award

    A Tennessee-based trucking company told a Georgia federal court that its insurer is on the hook for a $21.6 million judgment awarded in an underlying suit over catastrophic injuries caused by an employee, saying the insurer put its own financial interests above the interests of its insured.

  • June 29, 2022

    Mo. Panel Affirms Homeowner's Roof Damage Coverage Win

    A Missouri appeals panel upheld a property owner's coverage win against an AIG unit, finding the insurer breached its policy by improperly depreciating labor costs when calculating the actual cash value of a storm-damaged roof.

  • June 29, 2022

    Giuliani Pal Gets 20 Months For Election Crimes, Fraud

    Former Rudy Giuliani associate Lev Parnas on Wednesday was sentenced to one year and eight months in prison following his conviction at trial of campaign finance violations and his admission to conspiring to defraud investors in his anti-fraud startup Fraud Guarantee.

  • June 28, 2022

    Calif. Panel Won't Disqualify Law Firm In Pipe Maker's Fight

    A California appellate panel upheld on Tuesday a lower court's refusal to disqualify Pillsbury Winthrop Shaw Pittman LLP from representing Victaulic Co. in its multimillion dollar coverage fight with three AIG units, rejecting arguments that the firm's attorneys obtained relevant confidential information on AIG while at a previous firm.

Expert Analysis

  • Opinion

    Calif. Bill On Protective Orders Threatens Privacy Norms

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    California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Skinny Labels' Future May Hinge On Teva Petitioning Justices

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    Generic-drug makers may get much-needed clarity on their use of so-called skinny labels, which only seek approval for unpatented uses, if Teva Pharmaceuticals petitions for certiorari in the GlaxoSmithKline Coreg case by its July 11 deadline, says Paul Kalish at Fox Rothschild.

  • 6th Circ. ERISA Ruling Shows Scope Of Fiduciary Liability

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    The Sixth Circuit's recent partial revival of a widow's lawsuit alleging Walmart violated federal benefits laws serves as a stark reminder of how those who are only supposed to perform ministerial functions can inadvertently expose themselves to fiduciary liability by undertaking fiduciary actions, say Samantha Kopacz and Nhan Ho at Miller Canfield.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • And Now A Word From The Panel: MDL Travel

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    The Judicial Panel on Multidistrict Litigation’s return to in-person proceedings, as well as a recent petition in an insurance-related MDL, highlight an important question about whether the panel will continue to consider travel convenience as a relevant factor in venue decisions after two years of virtual hearings, says Alan Rothman at Sidley.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Employer Travel Benefits Options For Abortion Care Post-Roe

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    Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

  • 11th Circ. Ban On Service Awards May Inhibit Class Actions

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    Since the Johnson v. NPAS Solutions decision in 2020, the long-established practice of service awards for representative plaintiffs in class actions has fallen under a cloud in the Eleventh Circuit — and while the case remains an outlier, it may make class actions more difficult to bring in that jurisdiction, say William Reiss and Dave Rochelson at Robins Kaplan.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

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    The Eighth Circuit’s recent decision in Skelton v. Reliance Standard, finding that a life insurance company breached its Employee Retirement Income Security Act fiduciary duties by accepting premiums without approving coverage, admonishes insurers to communicate with employers and to maintain clear records of eligible enrolled participants, says Mark DeBofsky at DeBofsky Sherman.

  • Lessons For Gov't Contractors Amid Increased Antitrust Risk

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    A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

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