Insurance

  • August 03, 2020

    Philly Church Sues Insurer Over $5M In Fire Coverage

    A historic West Philadelphia church that was destroyed in a fire last summer was negligently undervalued by at least $5 million under an Illinois Union Insurance Co. policy that promised to cover the entire cash value of the building, a lawsuit filed in state court on Friday said.

  • August 03, 2020

    Law Firm Must Face Malpractice Suit Over 7-Eleven Coverage

    A Pennsylvania federal judge refused to toss a suit accusing a law firm of evasiveness in failing to recover insurance payments for a 7-Eleven store owner, ruling that the law firm's "self-serving" statements lack legal authority and evidence.

  • August 03, 2020

    NJ Firm Botched Settlement In Truck Fire Case, Insurer Says

    Sentry Select Insurance Co. has filed a $1.75 million suit against a law firm that allegedly bungled a settlement by failing to realize that a truck involved in an accident was covered by another insurance policy in addition to Sentry's.

  • August 03, 2020

    McDonald's Franchise Insurer Claims No Virus Suit Coverage

    Employers Preferred Insurance Co. has claimed in Illinois state court that it had no duty to cover a former McDonald's franchise owner's fight against a group of Chicago workers who launched a bid for better coronavirus safety protections.

  • August 03, 2020

    5th Circ. Won't Revive Coverage Row Over Acid Leak

    The Fifth Circuit found that Travelers Indemnity Company of America does not need to cover Burroughs Diesel Inc.'s loss from the leaking of 5,000 gallons of hydrochloric acid, upholding the lower court's ruling that the policy bars coverage for acid pollution.

  • July 31, 2020

    Humana Hits St. Jude With Fresh Suit Over Pacemakers

    Humana Inc. has once again hit St. Jude Medical Inc. with claims the medical device manufacturer wrongly saddled the insurer and other secondary payers with the costs associated with surgically removing and replacing defective pacemakers, this time in Delaware federal court, according to the complaint filed Friday.

  • July 31, 2020

    Hertz Fights Insurers' Bid To Escape $23M SEC Coverage Suit

    Hertz has urged a New York federal judge to reject a bid by insurers to escape a suit seeking coverage of a $23 million legal bill relating to a U.S. Securities and Exchange Commission probe, arguing that an SEC formal order is no different from an actual lawsuit covered by its policies.

  • July 31, 2020

    Wellspring Sues Insurers To Fight Claims It Tanked Gun Seller

    Private equity firm Wellspring Capital Management LLC on Friday hit a slew of its insurers with a suit in New York state court alleging they must defend it against claims that it plundered millions of dollars from gun seller United Sporting Cos. Inc., which blamed its bankruptcy on Donald Trump's win in the 2016 election.

  • July 31, 2020

    GOP's Coronavirus Biz Liability Shield Plan Raises Eyebrows

    Republicans' recently floated bill in the Senate to shield businesses and health care providers from coronavirus-related injury suits has raised the eyebrows of both plaintiffs and defense attorneys, with some saying it was the most sweeping and expansive attempt at tort reform they'd ever seen.

  • July 31, 2020

    Foreign Insurers Face Uncertainty Over State Arbitration Laws

    A complicated question of whether state laws barring arbitration of insurance disputes can negate international insurance contracts with arbitration clauses has created a quietly percolating atmosphere of confusion among federal appeals courts in the U.S., exposing foreign insurers to potentially lengthy legal battles.

  • July 31, 2020

    Calif. Appeals Court Keeps TIAA Win In Worker's Death Suit

    The Teachers Insurance and Annuity Association had no idea that one of its tenants was storing hazardous materials that ultimately caused the death of that tenant's worker, and does not owe the late worker's parents any damages, a California state appellate court ruled Thursday.

  • July 31, 2020

    11th Circ. Revives Apartment Rental Agency's Coverage Suit

    The Eleventh Circuit has said that a lower court erred in its ruling that AEGIS Electric & Gas International Services Ltd. has no duty to defend its policyholder, ECI Management LLC, against a class action accusing the apartment management company of wrongfully withholding tenants' security deposits.

  • July 31, 2020

    Sutter Health Indirect Purchasers Win Cert. In $489M Suit

    A California federal judge has certified a damages class of health insurance plan purchasers seeking $489 million from Sutter Health on claims they overpaid because the hospital chain violated antitrust laws, saying the plaintiffs have shown damages can be calculated on a classwide basis.

  • July 31, 2020

    5th Circ. Says States Wrongly Won $479M ACA Insurer Fee

    Six states were wrongly awarded $479 million in disgorgement from the federal government over the Affordable Care Act's health insurance provider fees, as the fees were not unconstitutional and their suit came too late, the Fifth Circuit said Friday. 

  • July 31, 2020

    Farmers Must Pay For Landlords' Atty In Lead Paint Suit

    A California state judge has ordered Farmers Insurance Exchange to cover the costs of independent counsel for a pair of landlords fighting a suit alleging their tenant was harmed by lead paint, saying there could be a conflict of interest if they went with Farmers' chosen counsel.

  • July 31, 2020

    6 Key Moments From The COVID-19 Insurance MDL Hearing

    The Judicial Panel on Multidistrict Litigation's hearing on whether to centralize hundreds of COVID-19 insurance cases produced many memorable remarks, including one attorney saying "five simple words" are at the heart of the policies and a panel member questioning whether a lack of consolidation may cause a "nightmare" for courts. Here, Law360 recaps six key moments from Thursday's arguments.

  • July 31, 2020

    Auto Insurers' COVID-19 Relief Falls Short, Drivers Claim

    Groups of drivers are suing several auto insurance companies, including Progressive Universal Insurance Co., Geico Casualty Co. and Allstate Fire and Casualty Insurance Co., in Illinois state court, saying the companies have fallen far short of offering adequate relief to policyholders who have overpaid their premiums after COVID-19 emptied the state's roads.

  • July 31, 2020

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

    The past week in London has seen the Solicitors Regulation Authority file a claim against HSBC, insurers AXA and Allianz sue Swiss insurance giant Zurich, and Cantor Fitzgerald appeal a case involving a rival broker not long after a judge said their poaching dispute belongs in the U.K. Here, Law360 looks at those and other new claims in the U.K.

  • July 30, 2020

    Aon, Ex-CEO Of Bolivia Units Settle Row Over Use Of Funds

    An Illinois federal judge on Wednesday signed off on a global settlement of several disputes between insurance brokerage Aon Corp. and the former CEO of two of its Bolivia subsidiaries, whom Aon had accused of using company money for his own ventures.

  • July 30, 2020

    Coronavirus Litigation: The Week In Review

    The Trump administration can't launch its controversial immigrant wealth test while the country continues to grapple with the coronavirus pandemic, Simpson Thacher & Bartlett LLP hit its New York office landlord with an $8 million suit demanding a rent abatement due to COVID-19, and a Los Angeles health food store agreed to pay $20,000 to resolve claims it peddled radish paste as a product that protects against coronavirus.

  • July 30, 2020

    MLB Offers Test Case For Leagues Handling Virus Outbreak

    Major League Baseball postponed several games this week just days into the shortened 2020 season after more than a dozen players and other members of the Miami Marlins organization tested positive for COVID-19, a situation legal experts say shows that leagues must remain hypervigilant to protect the health of those involved and avoid legal headaches.

  • July 30, 2020

    New Rules Allow ICE To Refuse Sureties' Immigration Bonds

    U.S. Immigration and Customs Enforcement finalized a policy Thursday that will allow the agency to refuse immigration bonds put up by surety companies with unpaid invoices, despite warnings from sureties that the changes raise serious due process concerns.

  • July 30, 2020

    Great American Can't Shake $1.9M Hotel Scam Suit

    An Ohio federal magistrate judge said that Great American Insurance Co. should not be let out of a $1.9 million breach of contract suit brought by the Millennium Hilton New York hotel's operator, because the hotel has demonstrated an "insurable loss."

  • July 30, 2020

    Ill. Health Care Center Tells 7th Circ. To Revive Antitrust Suit

    An Illinois outpatient health care center told the Seventh Circuit that a lower court imposed too high a burden of proof when it dismissed antitrust claims against a hospital chain accused of negotiating insurance contracts that cut competitors out of insurance networks.

  • July 30, 2020

    JPML Questions If One Size Fits All For Virus Cases

    A member of the Judicial Panel on Multidistrict Litigation questioned Thursday whether key business interruption policy language could be construed the same way under the laws of all 50 states as the panel mulled requests to centralize hundreds of federal cases over coverage for businesses' COVID-19 losses.

Expert Analysis

  • Ohio Ruling Adds To Insurance Uncertainty For Opioid Suits

    Author Photo

    An Ohio appeals court's recent decision in Acuity v. Masters Pharmaceutical fails to address an insurer's duty to indemnify policyholders embattled in opioid litigation, only amplifying the uncertainty surrounding insurance coverage for opioid judgments and settlements, say attorneys at Nicolaides.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

    Author Photo

    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • How COVID-19 May Change Environmental M&A Due Diligence

    Author Photo

    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • FCC's New Autodialer Definition Departs From Past Approach

    Author Photo

    The Federal Communications Commission recently established narrower boundaries for what counts as an automatic telephone dialing system, representing a step back from previous efforts to expand the Telephone Consumer Protection Act to meet new technology, say attorneys at Benesch Friedlander.

  • Are Your Slack Communications Primed For E-Discovery?

    Author Photo

    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

    Author Photo

    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

  • Tips For Presenting A Credible Witness By Videoconference

    Author Photo

    With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

    Author Photo

    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Captive Insurance May Help In A Pandemic, But Caution Is Key

    Author Photo

    Although captive insurance can help address some of the traditional coverage gaps exposed by the current COVID-19 crisis, three Tax Court cases from recent years illustrate the Internal Revenue Service's hostility toward the entities, says Patrick McCann at Chamberlain Hrdlicka.

  • Ill. Insurance Considerations For Losses Caused By Riots

    Author Photo

    On the heels of the Illinois Department of Insurance's recent call for leniency for policyholder claims related to recent riots, vandalism and civil commotion, insurers should expect heightened scrutiny of coverage disputes and policyholders should be prepared to submit extensive proofs of claims, say attorneys at Neal Gerber.

  • COVID-19 Telehealth Boom Demands Better Privacy Practices

    Author Photo

    With demand for telemedicine skyrocketing during the pandemic, health care providers should not be lulled into complacency regarding data privacy simply because the U.S. Department of Health and Human Services has relaxed its standards, as pre-pandemic practices may be inadequate, says Geoffrey Lottenberg at Berger Singerman.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

    Author Photo

    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

    Author Photo

    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

    Author Photo

    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • How Discovery Is Evolving In ERISA Benefits Litigation

    Author Photo

    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

Can't find the article you're looking for? Click here to search the Insurance archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!