Insurance

  • May 12, 2022

    Texas School District Slams Low Payout For Hurricane Loss

    A school district saying it suffered more than $40 million in "obvious" property damage from Hurricane Hanna told a Texas state court that a raft of insurers, brokers and third-party adjusters have violated state insurance law in part by lowballing claim payouts in what the district called an "insulting pittance" of about $800,000.

  • May 12, 2022

    Puerto Rican Insurer Sued For $38M In Quake Damage

    Two California-based owners of an apartment complex in Puerto Rico said their insurer owes them at least $37.5 million in damages after the building was destroyed in a 6.4-magnitude earthquake in 2020.

  • May 12, 2022

    Insurance-Focused Fintech Co. Names CLO, Deputy CLO

    Startup Vesttoo, a fintech platform for insurance-linked investments, said Thursday it has hired a chief legal officer and deputy CLO and both will remain based in New York.

  • May 11, 2022

    Conspiracy Caused Insulin Price Spike, Arkansas Says

    Arkansas accused drugmakers Novo Nordisk, Sanofi and Eli Lilly, and pharmacy benefit manager subsidiaries of UnitedHealth Group, CVS and Cigna of conspiring to drive up the price of insulin, according to a state court lawsuit filed Wednesday.

  • May 11, 2022

    P&C Insurance Leaders Warn Of Polarized Legislatures

    A panel of property and casualty insurance industry leaders warned Wednesday that polarization in legislatures around the country can lead to poorly thought-out policies and inaction that emboldens activists to pursue their goals with regulators.

  • May 11, 2022

    Balwani Invoked Lawyers To Cow Wavering Investor, Jury Told

    A retired money manager testified in ex-Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial Wednesday that Balwani's "cordial" demeanor shifted after he and his family invested roughly $1.2 million in the blood-testing startup and that Balwani threatened to involve Theranos' attorneys when asked to liquidate his investments.

  • May 11, 2022

    NYC Restaurant's Insurer Sues Retailer Dior After HVAC Flood

    Luxury clothier Christian Dior is facing an insurer's negligence lawsuit in New York state court after an HVAC unit in one of its retail stores allegedly failed and flooded an upscale restaurant located a floor below in a Manhattan skyscraper.

  • May 11, 2022

    Abuse Accusers Say Insurer Can't Appeal Exclusion Ruling

    Two individuals who allege they were sexually abused at an Atlanta-area Red Roof Inn have pushed back against an insurer's bid for an immediate appeal of an order denying its attempt to dodge responsibility.

  • May 11, 2022

    Factory Mutual Ducks ITT's COVID Coverage Claims

    A Connecticut federal judge threw out ITT Inc.'s lawsuit seeking COVID-19 pandemic-related insurance coverage from Factory Mutual Insurance Co., finding the aerospace and industrial components manufacturer couldn't show its properties were physically damaged or altered by the presence of the virus.

  • May 11, 2022

    Yankees Broadcaster Suing Over COVID-19 Insurance Denial

    The broadcaster that carries New York Yankees and Brooklyn Nets games says insurer The Hartford owes it millions of dollars in business interruption coverage after the COVID-19 pandemic led governments to call a timeout on public sporting events, according to a suit moved to Delaware federal court Tuesday.

  • May 11, 2022

    J&J Ch. 11 Talc Claimants Get Nod For 3rd Circ. Appeal

    Claimants of Johnson & Johnson's bankruptcy talc unit received approval Wednesday from the Third Circuit Court of Appeals to skip an intervening appellate level and bring their appeal of a bankruptcy court order denying their motions to dismiss the debtor's Chapter 11 case directly to the circuit court.

  • May 11, 2022

    Court Says $12.5M Navy Wharf Job Dispute Must Go To Trial

    A Georgia federal court said a jury's input is needed to decide whether a subcontractor on a U.S. Navy wharf rehabilitation project is entitled to collect $12.5 million after lead paint on-site increased the scope and price of the work.

  • May 11, 2022

    Brooklyn Diocese Can't Ax Insurer's Sex Abuse Coverage Suit

    A New York federal judge on Wednesday refused to dismiss Arrowood Indemnity Co.'s suit seeking to avoid defending the Diocese of Brooklyn in more than 800 lawsuits brought by survivors of clergy sexual abuse.

  • May 11, 2022

    Amazon Seeks To Escape Liability For Solar Generator Fire

    Amazon should not face a strict liability claim for fire damage that American Family Mutual Insurance Co. said was caused by a defective solar generator, the e-commerce giant told a Minnesota federal court, pointing to a state law that protects sellers in product liability disputes.

  • May 11, 2022

    Gordon & Rees Grows Med Mal Defense Bench In Pittsburgh

    Gordon & Rees LLP expanded its liability practice this week by adding to its Pittsburgh office an attorney specializing in medical malpractice defense.

  • May 11, 2022

    Surfside Victims Reach $997M In Settlements

    Attorneys representing the victims of the Champlain Towers South condominium collapse in Surfside, Florida, announced Wednesday that they had secured $997 million in proposed settlements, ending the consolidated claims against all but one defendant.

  • May 11, 2022

    Indiana HOA Lost 'Game Of Chess' With Insurer, 7th Circ. Says

    Travelers Indemnity Co. of America correctly denied coverage for certain hail and wind damage repairs to an Indiana homeowners association's condo buildings, a Seventh Circuit panel ruled, finding that the association failed to file its suit by the two-year deadline.

  • May 11, 2022

    Insurers Say Policies Exclude Contractor's Work On Ga. Hotel

    Insurers of a Georgia construction company accused of shoddy work on an upscale Jekyll Island hotel have asked a federal court to declare that their policies don't cover the subcontractor's alleged negligence.

  • May 11, 2022

    Fla. Panel Affirms Eatery's Loss In COVID-19 Coverage Fight

    Lloyd's of London underwriters are not obligated to pay for a Miami restaurant's pandemic-related losses, a state panel affirmed Wednesday in the first ruling by a Florida appellate court in a COVID-19 coverage dispute, saying the establishment failed to allege physical loss or damage that triggered coverage.

  • May 11, 2022

    BCBS Asks 6th Circ. To Review Tribal ERISA Health Plan Suit

    Blue Cross Blue Shield of Michigan has asked the Sixth Circuit to rethink its decision in an Employee Retirement Income Security Act suit by the Saginaw Chippewa Indian Tribe that a lower court misinterpreted federal regulations when determining that the insurer wasn't required to give tribal clients a discount on medical care.

  • May 10, 2022

    Blanket Gag Orders, Secret Deals Could End With Calif. Bill

    A California bill taking aim at secrecy in the courts could change the face of litigation in the Golden State by creating a presumption against the types of orders and settlements that have kept revelations about seriously defective products and environmental hazards under wraps.

  • May 10, 2022

    11th Circ. Cancels Oral Argument In Brunch Chain's Virus Suit

    A brunch restaurant group won't get to argue its case for COVID-19 insurance coverage against Zurich American Insurance Co. before the Eleventh Circuit later this month, according to an order canceling the hearing on Monday.

  • May 10, 2022

    Chancery Tosses Genworth Policyholders' New Fraud Claims

    Genworth Life Insurance Co. policyholders may not pursue amended claims that the corporate parent fraudulently shifted sale proceeds away from a subsidiary to avoid paying future damages in the policyholders' ongoing litigation, a Delaware vice chancellor ruled Tuesday.

  • May 10, 2022

    5th Circ. Panel Told To Keep Insurance Row In Arbitration

    A Fifth Circuit panel offered little suggestion in oral arguments Tuesday on whether it would disturb a decision sending an excess insurance coverage dispute to arbitration over underlying lawsuits alleging that an oil company's operations in Louisiana caused environmental property damage.

  • May 10, 2022

    Billing Co. Can't Nix UnitedHealthcare $100M Code Fraud Suit

    TeamHealth must face United Healthcare Services Inc.'s claims that the emergency room staffing and billing company has been submitting fraudulent claims to get the insurer to overpay it by more than $100 million, after a Tennessee federal judge rejected all its attempts to dismiss the claims Tuesday.

Expert Analysis

  • Series

    The Future Of Legal Ops: Reining In Outside Counsel Costs

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    In-house legal departments are under increasing pressure to control spending on outside counsel, but traditional cost-cutting methods — law firm panels, alternative fee arrangements and alternative legal service providers — are limited, making it necessary to establish a more competitive law firm engagement process, say John Burke and Vincenzo Purificato at UBS.

  • When Congress Seeks Cos.' Nonpublic Info From Regulators

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    Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.

  • In Early Mediation, Negotiate With Empathy, Not Threats

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    With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

  • Addressing Problematic Drinking In The Legal Profession

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    To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

  • A Workers' Comp. Defense Refresher For Georgia Employers

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    With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.

  • Group Plan Questions After Telehealth Coverage Extension

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    The recently enacted Appropriations Act extends a pandemic-era provision allowing health benefit plans to provide predeductible coverage for telehealth services, but without more permanent guidance from the IRS or Congress, key questions remain about retroactive liability and long-term solutions, say attorneys at King & Spalding.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Takeaways From Holmes' Unsuccessful Trade Secret Defense

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    The recent criminal fraud conviction of former Theranos CEO Elizabeth Holmes offers some lessons about the contours of invoking the purported need to protect company trade secrets and what is — and is not — entitled to legitimate protection, say attorneys at Baker McKenzie.

  • Opinion

    9th Circ.'s Hasty UnitedHealth Reversal Is Disappointing

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    The Ninth Circuit’s recent decision to overturn a ruling that ordered a UnitedHealth subsidiary to reassess thousands of behavioral health benefit claims treats the district court’s detailed findings with surprising haste and is open to serious question that cries out for en banc review, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • Preparing For New Mandatory Cyber Reporting Rules

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    The requirements of a new federal law mandating cyber incident reporting for critical infrastructure will not become operational for several months, but affected companies should begin assessing whether their response plans incorporate critical policies and procedures to ensure compliance, say Steven Stransky at Thompson Hine and Lacy Rex at Oswald Companies.

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