Insurance

  • July 27, 2020

    Ex-Norton Healthcare Workers Want Class Cert. In ERISA Row

    A group of former Norton Healthcare Inc. employees have asked a Kentucky federal court to certify a class they say likely includes more than 15,000 people in an Employee Retirement Income Security Act suit fighting Norton's retirement plan's investment lineup and fees.

  • July 27, 2020

    Texas Is Not The Place For Virus Coverage Fight, Gartner Says

    Research firm Gartner Inc. urged a Texas federal judge Friday to ax U.S. Specialty Insurance Co.'s suit seeking to stop Gartner from getting additional coverage over its $150 million limit for canceled events amid the COVID-19 pandemic, saying its policy is issued in Massachusetts and governed by New York law, not Texas law.

  • July 27, 2020

    IRS Gets Priority Claim For Year Of Insurer's Bankruptcy Filing

    A Delaware federal court on Monday overturned a bankruptcy court's decision denying a priority claim to the Internal Revenue Service for a car insurance company's corporate income taxes, finding that the tax was incurred after the insurer filed for bankruptcy.

  • July 27, 2020

    Geico Doesn't Owe Taxes For Totaled Cars, 7th Circ. Says

    The Seventh Circuit won't revive a proposed class action accusing Geico Corp. of failing to pay taxes to an Illinois man for his replacement vehicle in a total-loss insurance claim, saying the suit lacked evidence to support his allegations.

  • July 24, 2020

    Michelin Star Eateries Hit Travelers Unit With Virus Loss Suits

    Two Michelin Star restaurant groups slapped a Travelers Companies Inc. insurance unit with two lawsuits Friday, seeking declarations that their over $10 million policies should cover their financial losses due to COVID-19.

  • July 24, 2020

    Trump's 'Sweeping' Drug Pricing Orders Draw Fury, Doubts

    Facing pandemic-battered poll numbers and a looming election, President Donald Trump announced executive orders Friday aimed at finally fulfilling a 2016 campaign promise to sharply cut drug prices, but the proposals came with escape clauses that could prevent them from becoming reality.

  • July 24, 2020

    NY Hospital System Says Chubb Denied It COVID-19 Coverage

    A New York hospital system on the front lines in the fight against the COVID-19 pandemic sued a unit of Chubb Insurance on Friday, saying the insurer strung the health care provider along for two months before wrongfully denying its claim for the cost of dealing with the virus.

  • July 24, 2020

    10th Circ. Says Health Plans Can't Hide 'Secret' Benefit Info

    The Tenth Circuit ruled Friday that benefits plan administrators must be upfront about what benefits their employees are entitled to and must include discretionary authority clauses that let insurers interpret coverage policies, reviving a lawsuit seeking reimbursement for mental health treatment expenses.

  • July 24, 2020

    Real Estate Rumors: Metropolitan, Lincoln, Scion

    Metropolitan Development Group is reportedly selling a Pennsylvania recreational facility for $8.2 million, a Lincoln Property venture is said to be starting construction of a Massachusetts life sciences project and Scion Group has reportedly landed $35 million in financing for student housing properties in Michigan and South Carolina.

  • July 24, 2020

    Aetna Blasts Conformis For Using Patient To Force Coverage

    Conformis is using an osteoarthritis patient as a means to compel Aetna to cover the medical device manufacturer's knee replacements, the insurer argued in trying to dismantle most of a suit claiming it flouted federal benefits law and committed trade libel.

  • July 24, 2020

    Insurer Must Cover Adviser In 'Rogue' Employee Suits

    Financial adviser Shurwest LLC has gotten a win in a dispute with its insurer over coverage in 11 suits by investors alleging it played a part in a former employee's scheme to market structured cash flow products from another company, with an Arizona federal judge ruling that the insurer has a duty to defend the suits.

  • July 24, 2020

    Insurer Must Cover Sherwin-Williams Ex-Worker's $3.5M Theft

    A Minnesota federal judge has said Beazley Insurance Co. must face Sherwin-Williams Co.'s suit seeking coverage for losses sustained when a former employee stole $3.5 million through inflated invoices, holding the paint company's policy exclusions do not apply.

  • July 24, 2020

    John Hancock Must Face Self-Dealing Suit Over 401(k) Lineup

    John Hancock must face a proposed class action alleging it packed employees' 401(k) plan with pricey, proprietary investment options that cost workers over $10 million in bloated administration fees and lost profits, a Massachusetts federal judge has ruled.

  • July 24, 2020

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

    The past week in London has seen Hermes and other retailers hit MasterCard with an antitrust suit, a packaged baked goods maker sue BNP Paribas and two fintechs go to court. Here, Law360 looks at those and other new claims in the U.K.

  • July 23, 2020

    Murder Threat To Judge Isn't Privileged Info, 8th Circ. Says

    The Eighth Circuit on Thursday affirmed a Minnesota man's conviction of making a murder threat to a federal judge, rejecting his arguments that his statements were privileged because he had been speaking with his attorneys and ruling that threats of violence don't "fall under the scope of attorney-client privilege."

  • July 23, 2020

    Roc Nation, Quinn Emanuel Shake Subpoena In Chancery Row

    A Delaware vice chancellor quashed late Thursday subpoenas aimed at rapper Jay Z's Roc Nation entertainment company and law firm Quinn Emanuel Urquhart & Sullivan LLP in connection with a Centene Corp. stockholder's Chancery Court suit for access to company records on prison health care service oversight.

  • July 23, 2020

    Excess Insurers Prevail In Row Over Carlyle's $396M Oil Loss

    A New York judge has ruled that Carlyle Group affiliates cannot tap into excess insurance from underwriters at Lloyd's of London to cover part of the nearly $396 million in crude oil they lost when a Moroccan oil refinery was seized in 2015, holding that the losses did not trigger the policy's coverage for theft.

  • July 23, 2020

    Construction Cos. Want Insurer To Cover Bridge Defect Work

    Two construction companies asked an Illinois federal judge Wednesday to find that Lexington Insurance Co. should cover the more than $1 million they spent repairing a concrete defect during a bridge replacement project in Washington, D.C., arguing the insurer improperly rejected their claim.

  • July 23, 2020

    Colleges Hit Insurers With Class Actions On COVID-19 Losses

    A group of Midwestern colleges slapped Zurich American Insurance Co. and Factory Mutual Insurance Co. with two proposed class actions Thursday, seeking a declaration that their policies worth upwards of $300 million should cover their millions in financial losses amid COVID-19.

  • July 23, 2020

    Coronavirus Litigation: The Week In Review

    Geico is facing a lawsuit from drivers over allegedly excessive COVID-19 premiums, Florida's largest teachers union is suing state officials to block the "reckless and unsafe" reopening of schools next month and Celebrity Cruises has settled a class action alleging it failed to protect its workers during the coronavirus pandemic. 

  • July 23, 2020

    Philly Restaurant Sues To Get Virus Closure Coverage

    The latest in a tidal wave of lawsuits over pandemic-related insurance issues, a Philadelphia restaurant accused Seneca Insurance Co. in state court on Tuesday of refusing to provide promised coverage after the eatery was forced to shut down as a result of the COVID-19 outbreak.

  • July 23, 2020

    Colombia Auctioning $366M Real Estate Portfolio Via US Co.

    The government of Colombia is auctioning off a $366 million real estate portfolio in what is the country's largest real estate offering in more than a decade, according to an announcement on Thursday from debt marketplace DebtX, which has been hired to sell the assets.

  • July 23, 2020

    Law Firm Can't Trim Claims In Data Breach Suit

    A Missouri federal judge won't let Warden Grier LLP trim down a suit from an insurance company alleging it mishandled a 2016 cyberattack that exposed private information, saying Thursday that suing a law firm does not turn all the insurer's claims into legal malpractice.

  • July 23, 2020

    Insurer Sued Over Hospitality Group's COVID-19 Losses

    A hospitality group has hit Hartford Fire Insurance Co. with a proposed class action in Connecticut federal court, saying the company has failed to issue coverage for catastrophic COVID-19 losses that threaten the survival of the group's dine-in restaurants, wine bars and cafes.

  • July 23, 2020

    Building Debris Is Excluded In Insurance Row, 11th Circ. Says

    The Eleventh Circuit on Thursday affirmed that a pollution exclusion in a general contractor's policy with Southern Owners Insurance Co. bars coverage for a suit alleging the builder's negligent work on a domestic violence shelter caused an employee to be injured by construction debris.

Expert Analysis

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Property Coverage For Riot-Related Claims Is Not Automatic

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    Property damage claims related to recent civil unrest are not categorically covered, but require careful consideration of insurance policy language, claim-specific facts under controlling law and any applicable exclusions, such as vacancy, insurrection or terrorism laws, that may preclude or limit coverage, say attorneys at Hinshaw & Culbertson.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • New Cases Bring Lessons On Video Surveillance Preservation

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    Court decisions from the last few months suggest that failure to preserve or produce surveillance video does not automatically result in a negative inference or other sanction, but there are practice pointers that can be distilled, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Transactional Tax Risks In Renewable Energy Investment

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    Adverse holdings in the recent federal court cases Bishop Hill, California Ridge and Alta Wind have left the renewable energy industry with many unanswered questions about how to structure tax equity transactions to secure step-ups in tax basis, says Jordan Tamchin at CAC Specialty.

  • China's Relaxed Financial Sector May Aid Foreign Investors

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    Liza Mark and Han Liang at Haynes and Boone explore the Chinese government's recent laws and regulations relaxing restrictions on foreign ownership, which could provide greater market access and investment opportunities to foreign players.

  • Okla. Ruling Highlights Nuances In Drafting Service Contracts

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    The Oklahoma Supreme Court's holding that an intended service contract was actually an insurance contract in Sparks v. Old Republic provides a few key takeaways for how agreements can be distinguished as warranties, service contracts or insurance, say Brian Casey and Jon Gillum at Locke Lord.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Pre-IPO Companies Should Upgrade Their D&O Coverage

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    Directors and officers of private companies — especially startups preparing for their initial public offering — should consider enhancing their D&O insurance coverage to confront the new regulatory and compliance risks they face, say attorneys at Freshfields and Burns Bowen.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • 5th Circ.'s Windstorm Ruling Holds Silver Lining For Insureds

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    Although the Fifth Circuit recently barred recovery in Pan Am Equities v. Lexington Insurance, its decision may be an overall win for policyholders by affirming that rain and flood damage can trigger windstorm coverage, says Tae Andrews at Miller Friel.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • Expect A Flood Of COVID-19 Insurance Class Actions In Fla.

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    Florida is likely to attract a disproportionately high share of insurance class actions stemming from COVID-19 due to the state's population density and favorable case law toward policyholders when contract terms are ambiguous, says Alec Schultz at Leon Cosgrove.

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