Insurance

  • June 19, 2020

    Insurers Want A Say In Car Parts Price-Fixing MDL Deal

    A group of auto insurers is asking a Michigan federal judge to let them intervene in settlements resolving claims in a sprawling multidistrict litigation over an alleged scheme to inflate prices for auto parts, saying they are entitled to money from the deals because the amount they paid out for insurance claims was affected by the inflated prices.

  • June 19, 2020

    Calif. AG Tells 9th Circ. Insurance Law Is Constitutional

    California's attorney general is urging the Ninth Circuit to reject a retailer's bid to revive its suit against its insurance company, saying the state's law banning insurers from defending those prosecuted by the state for violations of unfair competition and false advertising laws is constitutional.

  • June 19, 2020

    Insurers Want Hertz's $23M Coverage Suit Tossed

    A pair of insurers urged a New York federal judge to toss a suit brought by Hertz seeking coverage of a $23 million legal bill relating to a U.S. Securities and Exchange Commission probe, arguing the SEC investigation is not a "securities claim" covered under the policy.

  • June 19, 2020

    PHH Mortgage Aims To Sink Action Over Payoff Statements

    PHH Mortgage Corp. called on a New Jersey federal court Friday to bury a proposed class action alleging it unlawfully failed to account for insurance proceeds in loan payoff statements for the two borrowers behind the suit, saying the business accurately reflected the outstanding balance based on their mortgage terms.

  • June 19, 2020

    NYC Construction Biz Sues Insurer Over $1M Injury Claim

    Illinois Union Insurance Co. must pay legal defense costs in a $1 million workplace injury case, a New York City construction company told a Brooklyn federal court Friday.

  • June 19, 2020

    Texas Justices Revive Homeowners' Insurer Delay Suits

    The Texas Supreme Court on Friday resurrected two homeowners' suits seeking damages for their insurance carriers' delayed appraisal payments for storm damage, saying recent state high court precedent established that the insurers' payments of the awards did not immunize them from delay claims.

  • June 19, 2020

    Clock On $2.1M Contractor Bond Fight Started By Ch. 7 Ruling

    An Illinois federal judge has found that a subcontractor on a Washington, D.C., Metro project is owed a $2.1 million bond payment for funds clawed back in another subcontractor's bankruptcy, saying the statute of limitations began to run when the clawback was ordered.

  • June 19, 2020

    Coronavirus Q&A: Allen Matkins' Real Estate Leader

    In this edition of Coronavirus Q&A, Allen Matkins' global real estate leader discusses the problems with a proposed California Senate bill designed to help small businesses amid the pandemic, and addresses the challenges of reopening businesses in the state.

  • June 19, 2020

    Hershey Co. Latest Employer To Be Hit By COBRA Suit

    The Hershey Co. became the latest big-name company to face a suit claiming it failed to adequately notify departing workers of their right to keep their health insurance, after a former employee hit the snack giant with a proposed COBRA class action.

  • June 19, 2020

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

    The past week in London has seen the Vatican dragged into court by companies connected to a real estate deal that has come under criminal scrutiny, an investment company lodge an appeal following a legal setback in a painting dispute with a London art dealer, and a spread betting service sue tycoon Robert Tchenguiz. Here, Law360 looks at those and other new claims in the U.K.

  • June 18, 2020

    Insurer Seeks Full 5th Circ. Review Of Atty Coverage Fight

    Landmark American Insurance Co. on Thursday urged the full Fifth Circuit to review a panel's recent decision reviving investors' bid for coverage of a legal malpractice judgment against a Texas attorney, contending that the ruling conflicts with precedent from courts both within and outside the Lone Star State.

  • June 18, 2020

    9th Circ. Says Insurer Needn't Cover Telecom Co.'s OT Suit

    The Ninth Circuit upheld a lower court's ruling that U.S. Specialty Insurance Co. does not have to defend U.S. Telepacific Corp. in a proposed class action alleging the telecom company failed to pay account managers overtime, agreeing the suit is barred from coverage by policy exclusions.

  • June 18, 2020

    Fla. Appeals Court Says State Court Can't Hear Fee Dispute

    A Florida appeals court has ruled that Mintz Truppman PA cannot pursue a state court lawsuit against Lexington Insurance Co. and Cozen O'Connor PLC after finding that Mintz was essentially trying to augment a federal court's final ruling on an attorney fee award that came in well below its full request.

  • June 18, 2020

    Liberty Mutual Wins Fight Over Workers' Comp Premiums

    A Massachusetts federal judge has tossed a suit claiming Liberty Mutual Group Inc. charged thousands of employers too much for workers' compensation coverage, rejecting an ex-policyholder's argument that the insurer improperly withheld information about third-party reimbursements it got for payouts.

  • June 18, 2020

    New York Life Loans $97M For Florida Residential Project

    A New York Life real estate lending arm has provided $97 million in financing to the Brunetti Organization for a luxury residential project in Sunny Isles Beach, Florida, according to an announcement from the lender Thursday.

  • June 17, 2020

    Skiers Ask JPML To Combine COVID-19 Insurance Suits

    A proposed class of skiers is asking the Judicial Panel on Multidistrict Litigation to consolidate in Arkansas seven lawsuits alleging insurance companies wrongfully denied claims for canceled ski trips because of COVID-19, saying that grouping the suits together will prevent inconsistent rulings and duplicated efforts.

  • June 17, 2020

    Insurer Says Manufacturer Not Covered For Faulty Reactors

    A manufacturing company's insurance policy doesn't cover a suit accusing it of doing a bad job designing catalyst reactors that malfunctioned and led to a $10.2 million refinery shutdown, Capitol Specialty Insurance Corp. told a Texas federal court Wednesday.

  • June 17, 2020

    Eatery Says COVID-Caused 'Loss Of Use' Is Physical Damage

    Seattle eatery Nue LLC urged a Washington federal judge Wednesday not to grant Oregon Mutual Insurance Co.'s bid to toss its suit seeking COVID-19 loss coverage, arguing that it suffered a "loss of use" of property that constitutes physical damage under its policy with the insurer.

  • June 17, 2020

    2nd Circ. Won't Stretch Spandex Co.'s Coverage To IP Fight

    The Second Circuit on Wednesday affirmed that Hartford Fire Insurance Co. is not required to fund Spandex House Inc.'s defense of a copyright infringement lawsuit, agreeing with a lower court that coverage for the spandex supplier is foreclosed by an expansive policy exclusion for intellectual property claims.

  • June 17, 2020

    Blank Rome Attys Talk COVID-19 Insurance Coverage Battles

    Blank Rome LLP insurance recovery partners Jim Murray and Linda Kornfeld recently spoke with Law360 about how their practice group has been tackling clients' claims for business loss coverage amid the COVID-19 crisis, while adjusting to the new normal of working from home.

  • June 16, 2020

    Lender Tells 9th Circ. Hartford Must Cover $1.5M Deal

    A California-based lender urged the Ninth Circuit on Tuesday to find that a unit of The Hartford must cover its $1.5 million settlement of a lawsuit over the lender's alleged practice of charging illegal fees for mortgage modification services, arguing the deal did not constitute an uninsurable restitution payment.

  • June 16, 2020

    First Pa. COVID-19 Class Suit Against Insurer Dropped

    One of Pennsylvania's first proposed class actions filed against an insurer seeking COVID-19 loss coverage has been dropped by a pub, a few weeks after Erie Insurance Exchange moved the suit to federal court.

  • June 16, 2020

    StoneTurn Exec Says Force Majeure Clauses Lack Specificity

    Many real estate owners, lenders and tenants — as well as buyers and sellers — are finding their force majeure contract clauses to be too broad as the COVID-19 pandemic brings increased scrutiny to such clauses, StoneTurn partner and law firm expert Jeffrey Matthews told Law360 in a recent interview.

  • June 16, 2020

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

    As a civil rights reckoning unfolded across the nation in the form of protests and calls for reform this past week, the COVID-19 pandemic's impact wove itself into the fray. Massachusetts is offering testing for those who attended large gatherings, while a California jobs recovery task force declared the coronavirus crisis an opportunity to reimagine society.

  • June 16, 2020

    Texas County Slams Arbitration Bid In $41M Insurance Row

    A Southeast Texas county has urged a federal judge not to grant AmRisc GP LLC's bid to push its $41 million Hurricane Harvey property damage suit to arbitration, arguing the insurer failed to show that there was an arbitration agreement in the policy.

Expert Analysis

  • 5 Tips For Emergency Relief Petitions During COVID-19

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    Business disputes are not a priority for courts right now, so companies looking to protect their trade secrets or rights to contractual performance must tailor their requests for emergency relief to the unique circumstances of this time, says Shannon Armstrong at Holland & Knight.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • What Courts Say About Protecting Internal IP Probes In Calif.

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    California and federal court decisions from other legal contexts may provide guidance on maximizing privilege protections for in-house legal departments facing increased demands for internal intellectual property investigations as shelter-in-place orders lift and technology companies reopen, say Alex Reese and Julia Kropp at Farella Braun.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Broker Liability For Insureds' COVID-19 Losses Likely Limited

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    Policyholders may attempt to hold insurance brokers liable for unsuccessful COVID-19 business interruption claims — and at least one such suit has already been filed — but brokers should be fairly safe as long as they followed certain best practices in advising clients, say Glenn Jacobson and Thomas Maeglin of Abrams Gorelick.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • 'Notice Of Circumstances' May Preempt Virus Insurance Denial

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    Insurance policyholders impacted by COVID-19 should consider proactively sending notices of circumstances to their insurers in order to preempt new pandemic policy exclusions, although this tactic carries certain risks as well, say Richard Milone and Jennifer Romeo at Milone Law Firm.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

  • Major Trends In COVID-19 Business Interruption Lawsuits

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    A look at the business interruption insurance lawsuits filed across the country in connection with COVID-19 losses reveals three ways policyholders are arguing for coverage, as well as a variety of approaches to the issue of virus exclusions, say Lee Siegel and Ryan Maxwell at Hurwitz & Fine.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • Opinion

    Reopening Economy Requires Liability Shield For Businesses

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    Without responsibly limiting COVID-19 liability for the business community — as the Senate Judiciary Committee discussed Tuesday — no amount of encouragement to reopen the economy will get the country back to work, says Samuel Olens, counsel at Dentons and former attorney general of Georgia.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • Solutions For Commercial Tenants Facing Rent Challenges

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    Various remedies are available to commercial tenants struggling to pay rent due to COVID-19, but lease restructuring may be the most likely option to yield a win-win for tenants and landlords, says Robert Cox at Briglia Hundley.

  • 11 Post-Pandemic Predictions For Telehealth Regulation

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    Though many regulatory changes related to telehealth usage will revert after the pandemic, they will likely pave the way for more permanent developments in the future, say attorneys at Holland & Knight.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

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