Insurance

  • May 28, 2020

    Philly Firm Sues Insurer Over COVID-19 Losses

    Philadelphia-based business and commercial law firm Spector Gadon Rosen Vinci PC has filed suit against its insurance company in Pennsylvania state court, saying the company wrongly refused to approve a claim the firm filed after its offices were closed due to the COVID-19 pandemic.

  • May 28, 2020

    Insurer Seeks Out Of Metal Co.'s Suit For COVID-19 Losses

    Selective Insurance Group Inc. has urged a Pennsylvania federal judge to toss a suit from a metal fabricator seeking coverage for its losses from COVID-19 and state-mandated closures, saying the company failed to allege direct physical damage and income loss.

  • May 28, 2020

    Gerdau Says Travelers Owes Some Of Wrongful Death Verdict

    Gerdau Ameristeel US Inc. said a Travelers Companies Inc. subsidiary breached its insurance contract when it refused to foot a portion of a $4.75 million verdict against the steel company and others for the death of an apprentice electrician, according to a lawsuit filed Thursday in Georgia federal court.

  • May 28, 2020

    Insurer Rejects Extra Coverage For Events Axed Due To Virus

    U.S. Specialty Insurance Co. is asking a Texas federal court to declare an advisory firm can't ask for additional coverage beyond its $150 million limit over events canceled in the wake of the COVID-19 pandemic, saying there's nothing in the policy entitling the firm to seek more money.

  • May 27, 2020

    Marketing Co. Hit With TCPA Suit Over Insurance Cold Calls

    An Illinois resident claimed in federal court Wednesday that a Utah-based marketing company's vendor launched a prerecorded insurance telemarketing campaign by unlawfully cold-calling people who had no relationship with the company "whatsoever."

  • May 27, 2020

    Shareholder Sues Centene Over Shoddy Prison Health Care

    A Centene Corp. shareholder who says she is concerned about poor prison medical care delivered by Centene's subsidiaries asked the Delaware Chancery Court on Wednesday to give her access to the health care company's records so she can investigate potential wrongdoing or breaches of fiduciary duty.

  • May 27, 2020

    Insurer Can't Recoup Settlement Payment In Lyft Crash Suit

    A California appeals court has rejected a bid from Tokio Marine Specialty Insurance Co. to get reimbursement for a settlement reached by Lyft Inc. in a suit alleging one of its drivers hit another vehicle, confirming an arbitrator's decision against the insurer.

  • May 27, 2020

    Insurer Seeks Toss Of Las Vegas Eateries' COVID-19 Claim

    U.S. Specialty Insurance Co. on Tuesday urged a Nevada federal judge to dismiss a Las Vegas breakfast restaurant chain's putative class action accusing it of wrongfully denying business interruption claims amid the COVID-19 pandemic, saying the chain's "restaurant recovery" policy does not afford coverage under the circumstances.

  • May 27, 2020

    July Too Soon For $165M Petrobras Jury Trial, 5th Circ. Told

    A Spanish company wants the Fifth Circuit to postpone a July trial start date in a $165 million dispute involving Petrobras, arguing a federal judge in Texas has disregarded pandemic-related safety concerns and the wishes of the parties with so soon a trial date.

  • May 27, 2020

    Dallas Restaurant Group Sues Insurer Over COVID-19 Losses

    A Dallas restaurant group has sued Cincinnati Insurance Co., asking a federal judge to rule that its business interruption policy should cover the more than $1 million in damages it experienced from government-mandated shutdowns due to the COVID-19 pandemic.

  • May 27, 2020

    Weil-Led Co. Prices Year's Second-Largest Blank-Check IPO

    Weil-led Foley Trasimene Acquisition Corp. debuted in public markets Wednesday after pricing a $900 million initial public offering that could fund the acquisition of a fintech business, marking this year's second-largest IPO by a blank-check company.

  • May 26, 2020

    Reps Pitch Massive Reinsurance Plan For Future Pandemics

    A group of House lawmakers proposed legislation Tuesday that would create a multibillion-dollar federal reinsurance program to back up insurers that offer coverage for businesses' losses due to future pandemics.

  • May 26, 2020

    High Court Won't Take Consulate's FSIA Benefits Suit

    The U.S. Supreme Court told the First Circuit on Tuesday that it won't review the appellate court's ruling that Canada's consulate in Boston should have to face an American worker's benefits suit, after some of the circuit judges urged it to examine a decision they say misinterprets the Foreign Sovereign Immunities Act.

  • May 26, 2020

    Target Says Chubb Can't Escape Data Breach Coverage

    Target Corp. urged a Minnesota federal court Tuesday to rule that Chubb Ltd. should cover its losses stemming from bank settlements over a 2013 data breach, saying that the hacking of credit card data triggers coverage for "lost use of tangible property."

  • May 26, 2020

    4th Circ. Says Senior Care Center Owed Coverage Of FCA Suit

    A split Fourth Circuit panel ruled Tuesday that StarStone Specialty Insurance Co. must cover a North Carolina nursing home operator's costs to successfully defend against a $60 million False Claims Act lawsuit alleging it engaged in billing fraud, reversing a North Carolina federal judge's order.

  • May 26, 2020

    Transpo Insurer Atlas Beats Stock Suit Over Loss Reserves

    An Illinois federal judge held on Tuesday that shareholders in Atlas Financial Holdings haven't adequately alleged that the commercial transportation insurer knew its loss reserves were underfunded in recent years but withheld that information from investors.

  • May 26, 2020

    5th Circ. Won't Revive $6.7M Hurricane Harvey Claim

    The Fifth Circuit on Tuesday ruled Lexington Insurance Co. won't have to pay a dime to a property company seeking coverage for $6.7 million in flood damage from Hurricane Harvey, finding the location of the coverage's "named storm" provision matters less than its wording does.

  • May 26, 2020

    Judgment Reversed In Marijuana Fire Coverage Dispute

    A California appeals court sent to trial a landlord's suit over insurance coverage of a fire resulting from a tenant's illegal modification of the electrical system to grow marijuana, saying Tuesday that a jury needs to decide whether the landlord knew or could have found out about the tenant's actions.

  • May 26, 2020

    Farm Wants 8th Circ. To Review Its Ruling In Silo Damage Suit

    A farming company asked the Eighth Circuit on Tuesday to reconsider its finding that damage to grain silos was not an "accident" because it was a foreseeable result of shoddy workmanship, saying the panel's decision goes against precedent and essentially eliminates general liability coverage for contractors.

  • May 26, 2020

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

    The COVID-19 pandemic found states monitoring scaled-back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    Mallinckrodt Wants More Cuts To Seizure Drug Price Suit

    Mallinckrodt has asked a California federal judge to cut more antitrust claims from Humana's $700 million price-gouging lawsuit over an infant seizure syndrome treatment, claiming the insurer yet again defined the market too narrowly.

  • May 26, 2020

    Whole Foods-Anchored Fla. Center Trades Hands For $47M

    A Zurich Alternative Asset Management fund has purchased a Whole Foods-anchored retail center in Coral Gables, Florida, for $46.75 million, according to an announcement Tuesday from sell-side broker Jones Lang LaSalle.

  • May 26, 2020

    Bug Trap Maker Withdraws QVC Cross-Claims In Defect Suit

    The manufacturer of an insect trap that allegedly caused a fire that damaged a home insured by Allstate Property and Casualty Insurance Co. has withdrawn cross-claims it filed two weeks ago against fellow defendant QVC.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Pipeline Contractor Must Face AIG's Claims Over $25M Leak

    A Georgia federal judge said that a pipeline maintenance company has to face AIG's third-party claims in a coverage dispute over a $25 million gasoline leak, finding that the maintenance company has a clear material interest in the outcome of the broader suit.

Expert Analysis

  • How Much Should Insurers Pay Hospitals For COVID-19 Care?

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    Because the CARES Act does not say how much health plans should pay hospitals for a patient's COVID-19 care, disputes over reimbursements will require careful analysis of costs and Medicare payment rates, says Matthew List at Charles River.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Pa. Insureds' Path To Pandemic Biz Interruption Coverage

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    Although some insurers argue that COVID-19 losses do not satisfy business interruption coverage's direct physical loss requirement, Pennsylvania's broad interpretation of insurance contracts may allow policyholders to successfully fight for coverage despite potential virus exclusions, say attorneys at Montgomery McCracken.

  • 5 Tips For Emergency Relief Petitions During COVID-19

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    Business disputes are not a priority for courts right now, so companies looking to protect their trade secrets or rights to contractual performance must tailor their requests for emergency relief to the unique circumstances of this time, says Shannon Armstrong at Holland & Knight.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • 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.

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