Insurance

  • June 10, 2021

    5th Circ. Wary Of Clinic's Bid To Revive NFL Benefits Suit

    A Fifth Circuit panel appeared unswayed Thursday by a medical clinic's argument to revive its Texas federal lawsuit against the National Football League for allegedly telling Cigna not to pay claims for players who used its services.

  • June 09, 2021

    Colonial Seeks Insurance Payout For $4.4M Cyberattack

    Colonial Pipeline Co. has filed an insurance claim to help cover the $4.4 million the company paid hackers in a bid to speed up recovery from a ransomware attack that led to a shutdown of the critical refined petroleum supplier, the company's CEO told lawmakers Wednesday.

  • June 09, 2021

    Foster Farms Seeks Coverage Of Turkey Market Antitrust Suits

    Poultry giant Foster Farms has sued Everest National Indemnity Co. in California federal court, alleging that the insurer wrongfully refused to cover its defense costs in underlying class litigation accusing Foster and other poultry producers of fixing prices in the turkey market.

  • June 09, 2021

    Eckert Looks To Stay Investment Adviser's Malpractice Suit

    Eckert Seamans Cherin & Mellott LLC has urged a Pennsylvania state judge to hit the pause button on malpractice claims from an embattled financial adviser as a U.S. Securities and Exchange Commission case over the troubled cash advance business he promoted plays out.

  • June 09, 2021

    Strip Clubs Take COVID-19 Coverage Fight To 9th Circ.

    The operators of 23 U.S. strip clubs have urged the Ninth Circuit to revive their suit seeking to force a Lloyd's of London syndicate to cover their claimed business losses stemming from government-issued COVID-19 closure orders, saying physical damage isn't required to trigger physical loss in the policy.

  • June 09, 2021

    Goodwill Asks 10th Circ. To Revive Virus Coverage Suit

    Goodwill's affiliated nonprofit in Oklahoma has asked the Tenth Circuit to revive its pandemic coverage suit and to certify questions to the state Supreme Court on whether policy provisions covering direct physical loss or damage to property require physical alteration for coverage to apply.

  • June 09, 2021

    6th Circ. Says Retired Cops Were Still Owed Health Coverage

    Kentucky's retirement system for state workers shouldn't have yanked health care coverage from five former police officers who retired from the force but then got jobs with state agencies, the Sixth Circuit ruled.

  • June 09, 2021

    NYC Hotel's COVID Coverage Suit Can't Avoid Virus Exclusion

    The owner of New York City's Blue Moon Hotel can't tap into coverage with Travelers for losses from the presence of the coronavirus, a federal judge ruled Tuesday, citing the policy's virus exclusion.

  • June 09, 2021

    NJ Law Firm Can't Revive Insurance Suit Over Stolen Funds

    A New Jersey state appeals court on Wednesday refused to revive Cadre Law Firm LLC's suit seeking insurance coverage for $800,000 in client funds misappropriated by a former paralegal, saying the policy does not cover the firm's damages.

  • June 08, 2021

    US Financial Crime Compliance Costs Surged In 2020: Survey

    Projected spending by U.S. financial institutions on financial crime compliance shot up by one-third to $35.2 billion in 2020 compared to the previous year, in part due to "increased due diligence times and costs" brought on by the COVID-19 pandemic, according to a new report that surveyed more than 1,000 compliance professionals globally.

  • June 08, 2021

    Hours After Getting Patents, Teva Sues Eli Lily Again

    Teva Pharmaceuticals lodged a new infringement suit against rival Eli Lilly in Massachusetts federal court Tuesday mere hours after the U.S. Patent and Trademark Office issued the company two new patents covering the Israeli drugmaker's blockbuster migraine drug Ajovy.

  • June 08, 2021

    Robins Kaplan Adds Insurance Partner To Practice Group

    Robins Kaplan LLP has added a former Carroll Warren & Parker attorney, who represents insurers and reinsurers, to its insurance and catastrophic loss group as a partner, the firm said.

  • June 08, 2021

    CVS Drug Buyers Demand $100M As Overcharge Trial Opens

    Counsel for classes of drug buyers told a California federal jury during trial openings Tuesday that CVS Pharmacy Inc. unfairly overcharged insured customers by nearly $100 million for generics under a now-defunct discount program, while the pharmacy chain's counsel said 95% of insured customers paid less than they would have otherwise.

  • June 08, 2021

    Insurer Tells Texas Justices Gold Coin Theft Not Covered

    The Underwriters at Lloyd's of London has urged the Texas Supreme Court to rule that it does not need to cover a gold retailer's nearly $1.2 million losses after a cybercriminal used forged checks to steal two gold coin shipments, saying the policy's invalid payment exclusion applies.

  • June 08, 2021

    Insurer Says No Coverage For Market In Coach Copyright Row

    Pekin Insurance Co. told an Ohio federal court that it isn't responsible for covering a copyright lawsuit that bag designer Coach brought against a Columbus convenience store accused of designing and selling fake Coach products.

  • June 08, 2021

    Insurer's Fraud Theory Stays In $8M High-Rise Flood Fight

    An Illinois federal judge refused Tuesday to toss Travelers' accusation that owners of Chicago's historic Pittsfield Building fraudulently submitted $1 million for asbestos remediation as part of their $8.2 million claim for flood damages.

  • June 08, 2021

    Insurer Must Face Duke's Suit Over Antitrust Class Actions

    A North Carolina federal judge ruled Tuesday that an excess insurer must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.

  • June 08, 2021

    Colonial CEO Defends $4.4M Ransomware Payment

    At a U.S. Senate hearing Tuesday, the head of Colonial Pipeline Co. defended the company's recent $4.4 million ransomware payment, while acknowledging that the attackers cracked a key password that was not protected by a basic security practice.

  • June 08, 2021

    Pipeline Co. Beats Insurer's $7M Diesel Cleanup Suit

    A Louisiana federal court has dismissed an effort by a Travelers unit to dodge responsibility for $7 million in recovery costs from a diesel fuel pipeline spill, determining that the suit is best litigated in state court.

  • June 08, 2021

    Anytime Fitness Franchisees Fight Insurer's Virus Exclusion

    A group of Anytime Fitness franchise owners hit back against Markel's bid to toss a proposed class action over pandemic-related losses, arguing that the insurer's virus exclusion was ambiguous and that government shutdown orders caused their losses.

  • June 08, 2021

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

    COVID-19 mitigation measures largely nourished the food and beverage industry this past week, which ushered in a restaurant comeback plan in California and free drinks for vaccinated bar patrons in Illinois.

  • June 07, 2021

    RI Strip Club's COVID-19 Coverage Suit Moves Forward

    A Providence strip club can proceed with its COVID-19 business interruption suit, a Rhode Island state judge has ruled, saying the owner has sufficiently shown it is entitled to civil authority coverage despite the policy's virus exclusion.

  • June 07, 2021

    Akerman Holds Off DQ Bid In USAA Medicare Repayment Row

    A Florida federal judge on Monday denied MSP Recovery Claims' bid to disqualify Akerman LLP from representing United Services Automobile Association in their dispute over Medicare secondary-payer claim reimbursements, saying its conflict-of-interest claims are speculative.

  • June 07, 2021

    In-N-Out Doubles Down In Zurich Pandemic Coverage Beef

    In-N-Out is fighting Zurich American Insurance Co. to keep its pandemic coverage suit alive, telling a California federal court that the insurer's dismissal bid relies too heavily on suits that don't allege the presence of the coronavirus in an insured property.

  • June 07, 2021

    2nd Circ. Says High Court Ruling Dooms Health Aides' Suit

    The Second Circuit refused Monday to revive a case from home health aides who claimed their employers pocketed nearly $23 million of their health plan contributions, rejecting their attempt to distinguish their suit from a benefits case that the U.S. Supreme Court tossed last June.

Expert Analysis

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Tips For Managing Cybersecurity And Privacy Risks In M&A

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    Cybersecurity and privacy issues in M&A transactions should no longer be an afterthought and should be treated on equal footing as other parts of the due diligence process, like tax, real estate and intellectual property, say David Kessler and Anna Rudawski at Norton Rose.

  • NY Birth Injury Rulings Show Medical Fund Is Working

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    Recent New York rulings show that the state's Medical Indemnity Fund — intended to pay for the medical needs of children injured at birth and reduce malpractice exposure for medical providers — is working as intended after multiple legislative fixes, say Bradley Zimmerman and Christopher Nyberg at the Jacob Fuchsberg Law Firm.

  • 'Crime' Ruling In Car Death Highlights ERISA Review Standard

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    The Eighth Circuit's recent decision in Boyer v. Schneider Electric, that an accidental death insurance claim could be denied because the decedent's speeding constituted a crime under Missouri law, illustrates the significance of the Employee Retirement Income Security Act deferential standard of review, since the word "crime" is subject to differing interpretations, says Mark DeBofsky at DeBofsky Sherman.

  • WFH And DIY May Spell Uptick In Consumer Product Suits

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    With people spending more time at home during the pandemic, purchases of recreation equipment, home improvement supplies and other products rose — so manufacturers should take steps now to prepare for a likely increase in product liability litigation, say Jennifer Bullard and Dan Bauch at Bowman and Brooke.

  • Lessons From Federal Fraud Charges Against UBiome

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    The U.S. Department of Justice's and U.S. Securities and Exchange Commission's recent fraud allegations against uBiome executives illustrate the challenges of navigating interactions between clinical testing companies, health insurers and government oversight efforts, say attorneys at Debevoise.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • 6 D&O Provisions To Consider When Buying SPAC Insurance

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    As directors and officers insurance strives to keep up with the unique risk profiles of special purpose acquisition companies, D&O policy language distinctions can make a critical difference in whether claims against SPACs are covered, says Stephen Raptis at Haynes and Boone.

  • Outliers Offer False Hope For Virus Biz Interruption Claims

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    A few recent policyholder wins have caused some to overstate the potential for recovery in commercial property claims over COVID-19 prevention efforts, but in reality business interruption decisions are consistently and overwhelmingly favoring insurers, say Erin Bradham and Keith Moskowitz at Dentons.

  • Cargo Insurance May Cover Losses From Suez Canal Delays

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    Policyholders who have suffered economic losses from the recent Suez Canal blockage may be able to secure compensation from their standard cargo insurance policies, even if coverage for delays is explicitly precluded, says Jeremy Lawrence at Munger Tolles.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • Opinion

    The Senate's Filibuster Rules Are Unconstitutional

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    The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

  • 9th Circ. Ruling Offers Defendants Hope On Remand Appeals

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    The Ninth Circuit's recent decision in Academy of Country Music v. Continental Casualty comes as welcome news for defendants in many types of litigation because it outlines a possible avenue for appeal when an attempt to remove a case from state court to federal court has resulted in a remand order, say attorneys at Dechert.

  • 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.

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