Insurance

  • January 18, 2022

    Contractor Can't Ditch Insurer's Hotel Project Coverage Suit

    A Georgia federal court refused Tuesday to let a North Carolina-based general contractor escape an insurer's bid to wash its hands of any obligation to provide coverage to the contractor and another company for underlying disputes alleging $2.2 million of construction defects at a hotel.

  • January 18, 2022

    Insurer Sues Dehumidifier Manufacturer For Fire Damages

    An insurer says it is entitled to recover damages from an appliance manufacturer and its subsidiaries for a fire caused by a dehumidifier that they produced and sold despite knowing that the product was defective and dangerous, according to a suit filed in Wisconsin federal court Tuesday.

  • January 18, 2022

    Consultancy Asks 5th Circ. To Revive Virus Coverage Suit

    A business consultancy and a property management company asked the Fifth Circuit to revive their COVID-19 coverage suit against an Allianz unit, arguing that their policy contains a communicable diseases provision not often found in standard commercial insurance policies.

  • January 18, 2022

    Fla. Hospital Worker Gets $4M In T-Bone Accident Suit

    A Florida jury has awarded more than $4 million to a hospital employee whose vehicle was T-boned by another driver on his way to work in February 2018, more than 25 times what the other driver's insurers had offered to settle, according to the plaintiff's attorneys.

  • January 18, 2022

    9th Circ. Revives $8.6M Reimbursement Suit Against Cigna

    The Ninth Circuit ruled that a lower court erred when it tossed a lawsuit accusing Cigna of violating federal benefits law by denying $8.6 million worth of reimbursement requests for out-of-network mental health and substance abuse treatment from a health care provider that went bankrupt, finding that a corporate successor had a green light to sue. 

  • January 18, 2022

    5th Circ. Clears Insurer In $20M Magnet Injury Settlement

    News reports a toy company sent to its excess insurer detailing a toddler's severe injuries after he ingested magnetic toys do not count as a timely insurance claim under the company's policy, the Fifth Circuit ruled.

  • January 18, 2022

    Akerman Appeals Counsel DQ In Medicare Repayment Row

    Akerman LLP told a Florida state appeals court Tuesday that a lower court ruled without basis when it disqualified Gunster from defending Akerman against a bid for its own disqualification as counsel to United Services Automobile Association in a case over Medicare secondary-payer claim reimbursements.

  • January 18, 2022

    No New Trial For Restaurant Group In COVID Coverage Row

    A Missouri federal judge denied a Midwest restaurant operator's bid for a new trial against Cincinnati Insurance Co. for coverage of pandemic-related losses, rejecting on Tuesday the company's argument that the jury was improperly instructed.

  • January 18, 2022

    USW Workers Want Class Cert. In Benefits Termination Suit

    A group of retired United Steelworkers members asked an Indiana federal judge to certify a class in their lawsuit claiming their former employer, a Pittsburgh aluminum manufacturer, illegally terminated their life insurance.

  • January 18, 2022

    Judge Had Exxon Stock While Overseeing Case, Insurer Says

    An insurance company urged the Second Circuit to back its appeal of a $25 million arbitration award for a coverage dispute against ExxonMobil Oil Corp., arguing that a lower court's decision should be vacated as the district judge who ruled in favor of the oil company also owned its stock while presiding over the case.

  • January 18, 2022

    11th Circ. Backs Liberty Mutual Win Over Hotelier's Virus Suit

    A Georgia-based hotel operator isn't entitled to coverage for its pandemic losses from a Liberty Mutual unit, an Eleventh Circuit panel decided, upholding a finding that the operator didn't claim any physical loss required for coverage.

  • January 18, 2022

    Norton Rose Avoids DQ In $340M COVID Coverage Suit In NY

    Norton Rose Fulbright will not be disqualified from representing an insurer against global research firm Gartner Inc. in a $340 million dispute over COVID-19 event cancellation coverage after a New York federal court found a conflict involving Gartner and Norton Rose isn't enough to boot the law firm.

  • January 18, 2022

    Justices Will Not Review Lloyd's Arbitration Fight

    The U.S. Supreme Court will not review a Ninth Circuit decision permitting a group of British insurance underwriters to force arbitration of a dispute over coverage for property damage caused by Hurricane Harvey despite a state law barring the arbitration of such feuds.

  • January 14, 2022

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its 2021 Practice Groups of the Year awards, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 14, 2022

    The Firms That Dominated In 2021

    Nine law firms have earned spots as Law360's Firms of the Year, with 52 Practice Group of the Year awards among them, having steered complex deals and won high-profile victories including at the U.S. Supreme Court.

  • January 14, 2022

    Judge Sets Early Mediation For Surfside Collapse Defendants

    A week after reluctantly agreeing to push back the trial date in the proposed class action brought by victims of the June collapse of a Surfside, Florida, condominium tower, a state judge took steps Friday to encourage an earlier resolution by setting mediation deadlines for the various defendants.

  • January 14, 2022

    War Exclusion Doesn't Bar Merck's $1.4B Cyber Loss

    Property policies' war exclusions do not apply to cyberattacks, a New Jersey state court ruled, siding with pharma giant Merck & Co.'s stance that its insurers cannot assert the exclusion to avoid coverage of its more than $1.4 billion losses from a 2017 cyberattack.

  • January 14, 2022

    NFT Thefts Leave Experts Wondering How To Insure The Asset

    The buzz surrounding NFTs has many legal experts speculating how these digital assets might be insured as more and more are stolen, raising questions about where the value lies and how it could be quantified in the volatile marketplace.

  • January 14, 2022

    401(k) Plan Trustees Get Class Cert. In Foreign Tax Credit Row

    A Florida federal judge certified a class of employee retirement plan administrators Friday in a suit accusing a life insurance company of improperly benefiting from $100 million in foreign tax credits and failing to pass along the funds.

  • January 14, 2022

    Attys Say State High Courts Should Weigh COVID Issues

    COVID-19 coverage issues should continue to be sent to the highest courts in each state instead of being decided piecemeal by federal courts, policyholder attorneys told Law360 on the same day that the Seventh Circuit heard four more cases over denied insurance coverage for losses during the pandemic.

  • January 14, 2022

    Medical Practice Says Union Owes $576K For COVID-19 Tests

    A Connecticut medical practice has hit a health care union with a federal lawsuit accusing it of failing to reimburse the company for roughly $576,000 worth of COVID-19 testing for union members, saying the union has ignored outreach attempts and paid a fraction of what's owed.

  • January 14, 2022

    Allied Wants Win In $3M Water Facility Damage Suit

    Allied World Assurance Co. told a Florida federal court that it is entitled to recover more than $3 million from Travelers Property Casualty Co., saying the insurer breached an "all risk" policy when it denied coverage to a contractor for losses sustained during a water treatment plant project.

  • January 14, 2022

    Patients Can't Yet Score Win In UBH Surprise Billing Suit

    A California federal judge denied patients' bid for a victory in their proposed class action accusing United Behavioral Health of violating the Employee Retirement Income Security Act by underpaying claims for out-of-network care.

  • January 14, 2022

    Man Can't Sue Attys Over Hit-And-Run Deal, NJ Court Says

    A New Jersey man cannot bring a malpractice claim against his former attorneys after he consensually signed a $45,000 settlement with his insurer that resolved his suit over an injury from a hit-and-run in 2015, a state appellate court ruled.

  • January 14, 2022

    1 COVID Case Wasn't Insured 'Outbreak' At NJ Preschool

    A Goddard preschool in New Jersey can't demand COVID-19 coverage from its insurer under its policy for "communicable disease" because a single case at the school wasn't an "outbreak" that led to the statewide shutdown, a Pennsylvania federal judge ruled Friday.

Expert Analysis

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Opinion

    Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • 6th Circ. ERISA Ruling Highlights Dubious Court Practices

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    A recent concurring opinion from Sixth Circuit Judge Eric Murphy in Card v. Principal Life Insurance is the first to question remands in Employee Retirement Income Security Act cases, opening a long-overdue dialogue on several questionable court practices that deviate from the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Sherman.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Alleging An LLC's Citizenship With Imperfect Information

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    Determining a limited liability company's citizenship to establish diversity jurisdiction and remove a case from state court can be difficult when the LLC's owners are unclear, and the Corporate Transparency Act will likely offer only limited help when it takes effect — but the right steps can still get a case to a federal courtroom, say attorneys at King & Spalding.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • 9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

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    The Ninth Circuit's recent decision revoking class certification in Moser v. Benefytt punted on personal jurisdiction questions left by the U.S. Supreme Court’s Bristol-Myers decision, but provides some guidance on how to raise jurisdictional defenses in nationwide class actions, say attorneys at Dechert.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Ransomware Case Signifies Shift In Cyber Insurers' Stance

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    The pleadings in a recently settled California federal court case, Boardriders v. Great American Insurance, show that cyber insurers are taking an adversarial approach to ransomware-related claims in the wake of increasing attacks, so policyholders should anticipate new policy language, claim-payment avoidance and more, say Lynda Bennett and Michael Scales at Lowenstein Sandler.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • Humana FLSA Case Shows Risks Of Nurse Misclassification

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    The recent settlement in O'Leary v. Humana Insurance, a Wisconsin federal court case over the Fair Labor Standards Act employment status of 200 registered nurses, demonstrates the potential long-term and unexpected costs of erroneously classifying employees, says John Dudrey at Stoel Rives.

  • FCA Ruling Deepens Circuit Split Over Qui Tam Dismissals

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    The recent Third Circuit ruling in Polansky v. Executive Health Resources Inc. further widens a split over the standard for government-initiated motions to dismiss qui tam actions under the False Claims Act, and evinces increased scrutiny for motions filed after a defendant has entered the fray, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Pa. Ruling Leaves Auto Policy Stacking Questions

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    Following the Pennsylvania Supreme Court's recent decision in Donovan v. State Farm, implicitly confirming the validity of a household vehicle auto policy exclusion with a proper inter-policy stacking waiver, it is unclear what the court expects insurers to do about stacking waivers, say Christopher Woodward and Allison Krupp at Marshall Dennehey.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Resolving Asbestos Suits Faster In The Pandemic And Beyond

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    Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.

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