Insurance

  • June 09, 2021

    Foster Farms Seeks Coverage Of Turkey Market Antitrust Suits

    Poultry giant Foster Farms has sued Everest National Indemnity Co. in California federal court, alleging that the insurer wrongfully refused to cover its defense costs in underlying class litigation accusing Foster and other poultry producers of fixing prices in the turkey market.

  • June 09, 2021

    Eckert Looks To Stay Investment Adviser's Malpractice Suit

    Eckert Seamans Cherin & Mellott LLC has urged a Pennsylvania state judge to hit the pause button on malpractice claims from an embattled financial adviser as a U.S. Securities and Exchange Commission case over the troubled cash advance business he promoted plays out.

  • June 09, 2021

    Strip Clubs Take COVID-19 Coverage Fight To 9th Circ.

    The operators of 23 U.S. strip clubs have urged the Ninth Circuit to revive their suit seeking to force a Lloyd's of London syndicate to cover their claimed business losses stemming from government-issued COVID-19 closure orders, saying physical damage isn't required to trigger physical loss in the policy.

  • June 09, 2021

    Goodwill Asks 10th Circ. To Revive Virus Coverage Suit

    Goodwill's affiliated nonprofit in Oklahoma has asked the Tenth Circuit to revive its pandemic coverage suit and to certify questions to the state Supreme Court on whether policy provisions covering direct physical loss or damage to property require physical alteration for coverage to apply.

  • June 09, 2021

    6th Circ. Says Retired Cops Were Still Owed Health Coverage

    Kentucky's retirement system for state workers shouldn't have yanked health care coverage from five former police officers who retired from the force but then got jobs with state agencies, the Sixth Circuit ruled.

  • June 09, 2021

    NYC Hotel's COVID Coverage Suit Can't Avoid Virus Exclusion

    The owner of New York City's Blue Moon Hotel can't tap into coverage with Travelers for losses from the presence of the coronavirus, a federal judge ruled Tuesday, citing the policy's virus exclusion.

  • June 09, 2021

    NJ Law Firm Can't Revive Insurance Suit Over Stolen Funds

    A New Jersey state appeals court on Wednesday refused to revive Cadre Law Firm LLC's suit seeking insurance coverage for $800,000 in client funds misappropriated by a former paralegal, saying the policy does not cover the firm's damages.

  • June 08, 2021

    US Financial Crime Compliance Costs Surged In 2020: Survey

    Projected spending by U.S. financial institutions on financial crime compliance shot up by one-third to $35.2 billion in 2020 compared to the previous year, in part due to "increased due diligence times and costs" brought on by the COVID-19 pandemic, according to a new report that surveyed more than 1,000 compliance professionals globally.

  • June 08, 2021

    Hours After Getting Patents, Teva Sues Eli Lily Again

    Teva Pharmaceuticals lodged a new infringement suit against rival Eli Lilly in Massachusetts federal court Tuesday mere hours after the U.S. Patent and Trademark Office issued the company two new patents covering the Israeli drugmaker's blockbuster migraine drug Ajovy.

  • June 08, 2021

    Robins Kaplan Adds Insurance Partner To Practice Group

    Robins Kaplan LLP has added a former Carroll Warren & Parker attorney, who represents insurers and reinsurers, to its insurance and catastrophic loss group as a partner, the firm said.

  • June 08, 2021

    CVS Drug Buyers Demand $100M As Overcharge Trial Opens

    Counsel for classes of drug buyers told a California federal jury during trial openings Tuesday that CVS Pharmacy Inc. unfairly overcharged insured customers by nearly $100 million for generics under a now-defunct discount program, while the pharmacy chain's counsel said 95% of insured customers paid less than they would have otherwise.

  • June 08, 2021

    Insurer Tells Texas Justices Gold Coin Theft Not Covered

    The Underwriters at Lloyd's of London has urged the Texas Supreme Court to rule that it does not need to cover a gold retailer's nearly $1.2 million losses after a cybercriminal used forged checks to steal two gold coin shipments, saying the policy's invalid payment exclusion applies.

  • June 08, 2021

    Insurer Says No Coverage For Market In Coach Copyright Row

    Pekin Insurance Co. told an Ohio federal court that it isn't responsible for covering a copyright lawsuit that bag designer Coach brought against a Columbus convenience store accused of designing and selling fake Coach products.

  • June 08, 2021

    Insurer's Fraud Theory Stays In $8M High-Rise Flood Fight

    An Illinois federal judge refused Tuesday to toss Travelers' accusation that owners of Chicago's historic Pittsfield Building fraudulently submitted $1 million for asbestos remediation as part of their $8.2 million claim for flood damages.

  • June 08, 2021

    Insurer Must Face Duke's Suit Over Antitrust Class Actions

    A North Carolina federal judge ruled Tuesday that an excess insurer must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.

  • June 08, 2021

    Colonial CEO Defends $4.4M Ransomware Payment

    At a U.S. Senate hearing Tuesday, the head of Colonial Pipeline Co. defended the company's recent $4.4 million ransomware payment, while acknowledging that the attackers cracked a key password that was not protected by a basic security practice.

  • June 08, 2021

    Pipeline Co. Beats Insurer's $7M Diesel Cleanup Suit

    A Louisiana federal court has dismissed an effort by a Travelers unit to dodge responsibility for $7 million in recovery costs from a diesel fuel pipeline spill, determining that the suit is best litigated in state court.

  • June 08, 2021

    Anytime Fitness Franchisees Fight Insurer's Virus Exclusion

    A group of Anytime Fitness franchise owners hit back against Markel's bid to toss a proposed class action over pandemic-related losses, arguing that the insurer's virus exclusion was ambiguous and that government shutdown orders caused their losses.

  • June 08, 2021

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

    COVID-19 mitigation measures largely nourished the food and beverage industry this past week, which ushered in a restaurant comeback plan in California and free drinks for vaccinated bar patrons in Illinois.

  • June 07, 2021

    RI Strip Club's COVID-19 Coverage Suit Moves Forward

    A Providence strip club can proceed with its COVID-19 business interruption suit, a Rhode Island state judge has ruled, saying the owner has sufficiently shown it is entitled to civil authority coverage despite the policy's virus exclusion.

  • June 07, 2021

    Akerman Holds Off DQ Bid In USAA Medicare Repayment Row

    A Florida federal judge on Monday denied MSP Recovery Claims' bid to disqualify Akerman LLP from representing United Services Automobile Association in their dispute over Medicare secondary-payer claim reimbursements, saying its conflict-of-interest claims are speculative.

  • June 07, 2021

    In-N-Out Doubles Down In Zurich Pandemic Coverage Beef

    In-N-Out is fighting Zurich American Insurance Co. to keep its pandemic coverage suit alive, telling a California federal court that the insurer's dismissal bid relies too heavily on suits that don't allege the presence of the coronavirus in an insured property.

  • June 07, 2021

    2nd Circ. Says High Court Ruling Dooms Health Aides' Suit

    The Second Circuit refused Monday to revive a case from home health aides who claimed their employers pocketed nearly $23 million of their health plan contributions, rejecting their attempt to distinguish their suit from a benefits case that the U.S. Supreme Court tossed last June.

  • June 07, 2021

    NFL's Eagles Say Insurer Can't Punt COVID Coverage Suit

    The Philadelphia Eagles organization told a federal court to ignore its insurer's bid to toss a business interruption suit, saying its stadium and training facility weren't functional due to the risks that the coronavirus posed to "physical airspace and surfaces" each time any person entered the properties.

  • June 07, 2021

    Pa. Judge Tosses Comfort Suites Owners' Virus Coverage Suit

    A Pennsylvania federal judge on Monday threw out a COVID-19 business interruption suit from a franchisee of Comfort Suites, saying the pandemic and government orders did not cause any property damage even though they made the hotel lose patrons.

Expert Analysis

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Justices' Nod To Preemptive Tax Challenges May Caution IRS

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    The U.S. Supreme Court's recent decision in CIC Services v. Internal Revenue Service, allowing pre-enforcement challenges of tax reporting rules despite the Anti-Injunction Act, is likely to make the U.S. Department of the Treasury more careful about its own compliance obligations under the Administrative Procedure Act, says Robert Carney at Caplin & Drysdale.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • New Circuit Split Complicates Domestic Securities Test

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    The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

  • Privilege Waiver Risks From Reps & Warranties Insurance Use

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    The use of representations and warranties insurance in M&A could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Maritime Worker Injury Claims After 5th Circ. Welder Ruling

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    While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Insurance Could Be A Solution To Microchip Shortage Losses

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    To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • State Data Can Guide On Federal 'No Surprises Act' Arbitration

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    Arbitration data from states with existing surprise medical billing laws that track the federal independent dispute resolution process under the newly passed No Surprises Act provide helpful insights into the likely impact of the federal law taking effect in 2022, say Alexandra Lucas and Christian Martin at Reed Smith.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Opinion

    NY Bad Faith Bill Would Tip The Scales Against Insurers

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    A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.

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