• May 10, 2021

    Insurer Escapes Pandemic Coverage For Chicago Businesses

    A Chicago pastry shop and a salon can't tap into coverage with Westfield National Insurance Co. for more than $700,000 in pandemic losses, an Illinois federal judge ruled, saying a virus exclusion bars business income loss indirectly caused by the coronavirus.

  • May 07, 2021

    Texas Justices Won't Nix New Trial In USAA Coverage Row

    The Texas Supreme Court on Friday ruled USAA General Indemnity Co. must undergo a second trial to determine whether it owes a policyholder underinsured motorist coverage for crash injuries, finding the insurer can't enforce a jury verdict that was never converted into a final judgment.

  • May 07, 2021

    Calif. Hotel Sues Zurich American Over COVID-19 Losses

    A California hotel hit Zurich American Insurance Co. and Zurich North America with a proposed class action in Illinois federal court on Friday, alleging that the insurer wrongfully denied coverage for business losses it incurred during statewide COVID-19 shutdown orders.

  • May 07, 2021

    Ala. Judge Advances Restaurants' COVID-19 Coverage Suit

    An Alabama federal judge has allowed a group of restaurants to proceed with its COVID-19 coverage case saying that Cincinnati Insurance Co. wrongfully denied their claims for pandemic-related losses, bucking a strong trend within the Eleventh Circuit to favor insurers.

  • May 07, 2021

    Blue Cross Defends $3M Tax Refund Ruling To Texas Justices

    Blue Cross Blue Shield has told the Texas Supreme Court it shouldn't agree to review a ruling that refunded it $3 million for insurance premium tax and maintenance tax just because the Texas comptroller doesn't like the judgment.

  • May 07, 2021

    Insurer Wants Civil Authority Claims Tossed In COVID-19 MDL

    Society Insurance Co. has urged an Illinois federal judge to take a favorable bellwether ruling and toss all claims in the COVID-19 business interruption multidistrict litigation asking for civil authority and contamination coverage for businesses' pandemic-related losses.

  • May 07, 2021

    Sidley Beats Challenge To Boy Scouts Representation

    A Delaware federal judge has upheld a bankruptcy court decision that allowed Sidley Austin LLP to serve as the Boy Scouts of America's counsel in its Chapter 11 case, rejecting claims from the Scouts' insurer that the firm had a conflict of interest.

  • May 07, 2021

    Medical Biz's Virus Coverage Suit Paused Until 3rd Circ. Rules

    A New Jersey federal judge on Friday hit pause on a medical facility's lawsuit against a unit of The Hartford over insurance coverage for losses stemming from the coronavirus outbreak, halting the case until the Third Circuit renders a decision on similar issues in more than a dozen consolidated appeals.

  • May 07, 2021

    NJ Pandemic Insurance Bill Seems To Be Dead

    A New Jersey proposal that would force insurers to cover business losses stemming from the COVID-19 pandemic is likely dead amid industry pushback and concerns about the reach of public policy during the unprecedented health crisis, experts say.

  • May 07, 2021

    Skadden, Davis Polk Lead Chinese Insurance Co.'s $360M IPO

    Chinese health insurance and crowdfunding technology company Waterdrop landed $360 million in an initial public offering before its shares debuted on the New York stock exchange Friday, with guidance from Skadden and underwriters' counsel Davis Polk.

  • May 07, 2021

    Insurer Not Liable For Ohio Club's Atty Fees In Death Claim

    An insurer doesn't have to cover a Dayton-area nightclub for attorney fees spent handling a claim by the family of a patron who died after an altercation with security, an Ohio appeals court affirmed, saying there never was a suit for damages.

  • May 07, 2021

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

    The past week in London has seen half a dozen U.S film studios hit Britain's telecom providers with a copyright suit, Daimler sued by Mercedes drivers and a former Zurich Insurance employee take the Serious Fraud Office to court. Here, Law360 looks at those and other new claims filed in the U.K.

  • May 06, 2021

    Alabama Judge Deals Twin Losses In Virus Coverage Rows

    An Alabama federal judge threw out two separate COVID-19 coverage bids brought by a hotel operator and a clothing store owner, saying they failed to show that virus particles caused any insurable damage.

  • May 06, 2021

    11th Circ. Revives Travelers' Row Over Yacht Wrecked In Irma

    The Eleventh Circuit on Thursday overturned a lower court's ruling in favor of Travelers, which had sued to dodge coverage of a sunken yacht, holding that there is no firmly established federal rule in maritime insurance regarding whether policyholders' breach of warranties will bar coverage.

  • May 06, 2021

    Insurer Defeats Trucking Co.'s Bid For Pollution Coverage

    A Montana federal judge has freed Admiral Insurance Co. from having to cover a trucking company against complaints from state environmental regulators concerning oilfield waste detected on its property, finding that the company withheld information in policy applications.

  • May 06, 2021

    State Farm Wants Out Of CBD Retailer's Contract Suit Defense

    A State Farm unit has filed suit in California federal court seeking a declaration that it has no duty to defend a CBD retailer in an underlying action alleging it breached a contract granting it the right to sell certain products and use certain trademarks.

  • May 06, 2021

    Debevoise Adds Ex-NY DFS Lawyer To Insurance Group

    Debevoise & Plimpton LLP added an insurance regulatory specialist from New York's Department of Financial Services to help advise clients in investigations brought by state attorneys general and prosecutors.

  • May 06, 2021

    Iowa Eatery's COVID-19 Losses Barred By Virus Exclusion

    Regent Insurance Co. doesn't have to pay for an Iowa restaurant's losses from government shutdown orders, a federal judge ruled Thursday, saying coverage is barred for losses resulting from the COVID-19 pandemic because the virus played a role in the restaurant's closure.

  • May 06, 2021

    1st Circ. Hints Insys Execs' Convictions Will Stand

    Emotional patient testimony and a prosecutor's improper remark during closing arguments likely aren't enough to overturn a landmark verdict convicting five former Insys Therapeutics executives of a scheme to bribe doctors to prescribe opioids, a First Circuit panel suggested Thursday.

  • May 06, 2021

    Quest Pharmaceuticals Loses In Opioid Liability Coverage Suit

    Quest Pharmaceuticals can't tap into coverage for 77 opioid suits for costs to government and health agencies allegedly caused by the company's improper distribution of the painkillers, a Kentucky federal judge held.

  • May 06, 2021

    NJ Law Firm Hits Hartford Unit With Virus Coverage Suit

    Fleming.Ruvoldt PLLC filed a New Jersey state court lawsuit against a Hartford insurance unit over the denial of its claim for losses related to the COVID-19 pandemic, accusing the insurer of sneaking a virus exclusion into a policy that has been faithfully renewed for the past eight years.

  • May 06, 2021

    Insurtech Biz Shift Valued At $1B In Series D Round

    Dechert-guided insurance software provider Shift Technology said Thursday it's now valued at more than $1 billion following a $220 million Series D funding round led by Weil-advised Advent International and will use the proceeds to invest in its research and development to expand geographically and in the types of products it supports.

  • May 06, 2021

    Insurer Says It Needn't Cover Massage Oil Class Action

    Admiral Insurance Co. on Thursday sued a massage oil maker in Texas federal court, saying it's not required to provide coverage for a proposed class action alleging the massage oil maker's products caused skin problems and immunological disorders.

  • May 06, 2021

    Ever Given Owner Loses Appeal On $916M Suez Canal Claim

    An Egyptian court has rejected an appeal by the owner of the Ever Given container ship over a $916 million compensation claim for the vessel's grounding in the Suez Canal that blocked traffic for nearly a week.

  • May 05, 2021

    Retailers Fight For Coverage In Ohio COVID Class Action

    A group of small businesses urged an Ohio federal judge to keep alive their proposed class action seeking coverage for losses from COVID-19 and related government shutdowns, saying that virus particles altered the air and surfaces in their shops.

Expert Analysis

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Where Health Care Enforcement Is Headed Under Biden

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    Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

  • Del. Rulings Guide On D&O Insurance For Corporate Fraud

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    Two recent Delaware decisions chart a helpful path for policyholders seeking directors and officers coverage for incidents involving fraudulent conduct, and also demonstrate the flexibility afforded by choice-of-law clauses, say Brian Scarbrough and Eric Fleddermann at Jenner & Block.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 3 Reasons Securities Fraud Litigation Exposure Fell In Q1

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    Nessim Mezrahi and Stephen Sigrist at SAR analyze data on securities class actions filed against public companies in the first quarter of 2021, and explore factors that may have contributed to issuers facing their lowest exposure to such claims in years.

  • Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

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    In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Health Insurance Compliance Steps After Antitrust Reform

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    Health insurers should review their compliance programs to avoid antitrust complaints from overzealous plaintiffs now that the Competitive Health Insurance Reform Act has ended insurers' federal antitrust protections, say Lisl Dunlop and Thomas Rohback at Axinn.

  • How Denial Of Autism Care Coverage Can Breach ERISA Duty

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    In Doe v. United Behavioral Health, a California federal court's recent ruling that denial of autism treatment reimbursement was an Employee Retirement Income Security Act fiduciary duty breach shows the tide may be turning in favor of patients as these therapies become the general standard of care, says Mark DeBofsky at DeBofsky Sherman.

  • Key Considerations For Litigation Settlement Trustees

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    Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Federal COVID-19 Insurance Decisions Ignore State Law

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    Federal courts are dismissing policyholder lawsuits seeking business insurance coverage for losses from COVID-19 lockdowns at a far higher rate than state courts, likely because they are not following the Erie doctrine, which requires them to apply state law, says Carl Salisbury at Bramnick Rodriguez.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

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