Insurance

  • June 02, 2021

    Insurers Push Back On Cyprus Mines' Pick For Claims Rep

    Cyprus Mines and its insurers sparred before a Delaware bankruptcy judge Wednesday over the appointment of a future claims representative in the talc miner's Chapter 11 case, with the insurers arguing a candidate endorsed by the company and current tort claimants would lack independence.

  • June 02, 2021

    Insurer Sues To Avoid Wing Restaurants' BIPA Suit

    Society Insurance has brought owners of Wingstop restaurants to Illinois federal court, seeking a declaration that it is not on the hook for an underlying employee proposed class action alleging violation of the Biometric Information Privacy Act.

  • June 02, 2021

    Broker Isn't Covered For $60M TCPA Ruling, 11th Circ. Says

    The Eleventh Circuit has ruled that Liberty Mutual isn't required to pay a $60.4 million Telephone Consumer Protection Act judgment stemming from a marketing campaign that pelted customer cellphones with repeated texts, leaving a Florida insurance brokerage on the hook.

  • June 02, 2021

    Costco Vendor's Insurer Says Costco Not Covered For Injury

    Regent Insurance Co. asked an Illinois federal court Wednesday to confirm that it isn't required to cover Costco in a woman's lawsuit claiming she was injured at one of the wholesaler's locations by a pole from a fitness equipment price display.

  • June 02, 2021

    CVS Judge Slams 'Totally Inappropriate' Trial Instructions

    A California federal judge refused Wednesday to decertify a class of drug buyers who allege CVS Pharmacy Inc. overcharged them for generic drugs, while criticizing counsel for both sides for proposing "totally inappropriate" jury instructions for the socially distanced trial that kicks off Monday.

  • June 02, 2021

    Anthem Patient Wants 9th Circ. Revival Of Device Denial Suit

    A California federal judge never should have tossed a proposed ERISA class action challenging Anthem's alleged refusal to pay for pain-treating medical devices, a woman who received health insurance through the company said in a brief urging the Ninth Circuit to revive her lawsuit.

  • June 02, 2021

    State Farm, Pain Clinic Move To End Insurance RICO Suit

    State Farm has reached a settlement to end its racketeering suit against a Texas pain clinic and doctor it claimed used unnecessary procedures to inflate insurance claims, the insurer and the clinic said Wednesday in a joint motion to dismiss the case.

  • June 02, 2021

    Insurer Dodges Cryotherapy Clinic's Virus Coverage Suit

    A federal judge in Seattle on Wednesday threw out a cryotherapy clinic's putative class action for coverage of pandemic losses, saying the clinic, like other businesses before it, had failed to show direct physical loss or damage required for coverage.

  • June 02, 2021

    NJ Lab Sues UnitedHealth Units For COVID-19 Test Payments

    UnitedHealth units were hit with a lawsuit Wednesday by a New Jersey medical testing laboratory alleging the insurer shirked its duty to cover tens of thousands of claims for COVID-19 tests, despite earning billions of dollars in profits last year as the pandemic swept the nation.

  • June 02, 2021

    11th Circ. Hands Progressive A Win In Fla. Bad-Faith Dispute

    Progressive didn't act in bad faith when it failed to settle a claim with a driver who was injured in a deadly collision in Florida, an Eleventh Circuit panel has found, saying the insurer took care to meet the demands of the driver's settlement offer.

  • June 02, 2021

    NJ Lawmakers Advance Bill To Allow Pandemic Insurance

    A New Jersey Assembly committee on Wednesday advanced legislation that would permit insurers to offer coverage to policyholders for losses stemming from a pandemic like the coronavirus outbreak under provisions that state regulators would have to review on an expedited basis.

  • June 02, 2021

    Insurer Escapes Coverage For 'My 600-lb Life' Suits

    A Texas federal judge has freed Philadelphia Indemnity Insurance Co. from having to cover producers of TV's "My 600-lb. Life" over lawsuits arising from the show's treatment of its subjects, saying the policy excludes liabilities resulting from reality shows.

  • June 02, 2021

    John Hancock Inks $14M Deal In 401(k) Self-Dealing Suit

    John Hancock will pay $14 million to settle a class action claiming it cost investors in its 401(k) plan tens of millions of dollars through bad management and the selection of high-fee, underperforming funds, according to a Tuesday court filing.

  • June 01, 2021

    8th Circ. Says Insurer Needn't Cover Recycler's Repair Costs

    The Eighth Circuit on Tuesday said Hallmark Specialty Insurance Co. was not on the hook for a recycling plant's repair costs over fire damage, saying the insurer is only responsible for actual repairs done on the damaged property and that the policyholder had not repaired anything when it filed insurance claims.

  • June 01, 2021

    5 Texas Legislative Measures Attys Should Know

    Texas lawmakers closed the books Monday on a session in which they passed a bailout plan for electricity cooperatives and gas utilities after February's costly winter storm, limited the liability of commercial trucking companies for car crashes and created 10 new state district courts.

  • June 01, 2021

    German InsurTech Wefox Raises $650M In Series C Round

    German digital insurance business wefox said Tuesday it had raised $650 million from investors in what it called the largest Series C round to date for an insurance technology company.

  • June 01, 2021

    Insurer Asks Court To Toss $100M COVID-19 Coverage Suit

    Factory Mutual Insurance Co. has asked a Connecticut federal judge to toss Amphenol Corp.'s $100 million suit over pandemic coverage, saying the electronic cable maker failed to allege any presence of COVID-19 on its property to trigger the policy's communicable disease coverage.

  • June 01, 2021

    Tanning Salon's Virus Coverage Suit Burned Over Exclusion

    A New Jersey federal judge has tossed a tanning salon's proposed class action for coverage of pandemic losses, saying a virus exclusion in the salon's policy with Nationwide Mutual Insurance Co. precludes any coverage.

  • June 01, 2021

    Texas Justices Say Medical Providers' Rates Discoverable

    The Texas Supreme Court has ruled that a trial court abused its discretion by denying the discovery requests lodged by defendants in a car crash injury case who were trying to determine whether the roughly $1.2 million bill they're being sued to pay is reasonable.

  • June 01, 2021

    Pet Insurer Valued At $2B In Series D Round

    Pet insurance provider Bought By Many said Tuesday it was valued at $2 billion following its Series D funding round, which was led by Simpson Thacher-represented private equity firm EQT AB.

  • June 01, 2021

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

    Amid declining COVID-19 case and death numbers, states unveiled a range of incentives over the past week to ward off vaccination hesitancy and encourage immunizations, from cash prizes to college scholarships to free entertainment passes.

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    Six Flags Says Insurer Withheld Coverage Of Investor Suits

    Six Flags Entertainment Corp. says a Travelers unit wrongfully refused to cover it in underlying investor class litigation and a U.S. Securities and Exchange Commission investigation over inflated stock prices after the company allegedly exaggerated overseas business successes.

  • May 28, 2021

    Wash. District Court Tosses Scores Of Virus Coverage Suits

    In a major loss for hundreds of businesses in western Washington state, a federal judge found Friday that pandemic losses they sustained are not covered by their policies because they didn't show the virus caused physical loss or damage.

  • May 28, 2021

    Insurer Can't Dodge Most Of Travel Cancellation Coverage Suit

    A Pennsylvania federal judge on Friday left intact the majority of a proposed class action filed by travel insurance buyers against Arch Insurance Co. over denied coverage for travel plans that were canceled due to the coronavirus pandemic.

Expert Analysis

  • Boiler And Machinery Insurance Can Boost Cyber Coverage

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    Companies affected by cybersecurity incidents may be covered by their boiler and machinery insurance, which shares many similarities with modern cyber insurance offerings and may apply despite exclusions specifying certain forms of cyber coverage, say attorneys at Cooley.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • 2 Lessons From Missouri All-Sums Insurance Ruling

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    A Missouri appellate court's ruling in Northrop Grumman v. Employers Insurance Co. of Wausau held that an insurer may divide pollution damage caused by covered and uncovered sources under an all-sums allocation, and further defined the state standard of prejudice in the context of the cooperation clause and late notice provision, say attorneys at Foran Glennon.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Why SPACs Should Consider Captive Insurance

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    With the growing popularity of special purpose acquisition companies and the rising costs and challenges of acquiring directors and officers insurance, captive insurance could provide several benefits for SPACs seeking to protect against shareholder lawsuits, say Jeffrey Raskin and Lauren Burke at Morgan Lewis.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Opinion

    Last-Minute Trump Admin. Medicaid Letter Muddles Waivers

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    A Centers for Medicare and Medicaid Services letter issued in the final days of the Trump administration and creating onerous hurdles for rescinding Medicaid Section 115 waivers is likely unlawful, but may allow states to delay the cancellation of waivers nonetheless, say Clifford Barnes and Devon Minnick at Epstein Becker.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • Ill. Biometric Claim Case Highlights Core Insurance Principles

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    During oral argument in West Bend v. Krishna this month, the Illinois Supreme Court justices' questions on coverage for biometric privacy claims touched on three core principles of insurance policy interpretation and should result in an affirmance of the lower courts' decisions, says Emily Garrison at Honigman.

  • 3 Arthrex-Adjacent High Court Cases Could Affect PTAB's Fate

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    As patent practitioners await a decision on the constitutionality of Patent Trial and Appeal Board judges in U.S. v. Arthrex, they should keep their eyes on three other pending U.S. Supreme Court cases that, while not IP-related, involve overlapping legal issues, including the severability doctrine, says William Milliken at Sterne Kessler.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • Questions Following 2 Recent Cyber Insurance Developments

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    A Minnesota federal court's recent decision in Target v. ACE and guidance from the New York State Department of Financial Services have furthered confusion surrounding how insurance policy language should be applied to the unique circumstances of cyber incidents, say Huiyi Chen and David Kroeger at Jenner & Block.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

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