Insurance

  • June 10, 2022

    Hinshaw & Culbertson Snags Kennedys Insurance Atty In NJ

    Chicago-based Hinshaw & Culbertson LLP has brought on a partner in New Jersey to bolster its insurance services practice group and expand its presence on the East Coast.

  • June 10, 2022

    5th Circ. Upholds Dismissal Of Law Firm's Virus Coverage Suit

    A Texas-based law firm cannot gain coverage for its COVID-19 business interruption claims, the Fifth Circuit affirmed, putting forth the familiar finding that COVID-19 "does not physically damage property within the plain meaning of 'physical'" in the firm's policy with Cincinnati Insurance Co.

  • June 10, 2022

    9th Circ. Asked To Review State Farm's Crash Coverage Win

    The family of a driver who died in a car crash urged the Ninth Circuit to review a decision that affirmed State Farm's win in a coverage dispute over underinsured motorist benefits, saying a three-judge panel incorrectly interpreted an Oregon statute to reach its conclusion last month.

  • June 10, 2022

    Ill. Panel Denies Virus Coverage For Optometry Business

    An Illinois appellate panel affirmed the dismissal of a COVID-19 coverage suit, with a decision against an optometrist, following the lead of other panel decisions.

  • June 10, 2022

    Rising Star: Cohen Ziffer's Cindy Jordano

    Cohen Ziffer Frenchman & McKenna LLP partner Cindy M. Jordano helped notch one of the first pro-policyholder pretrial wins in a COVID-19 business interruption suit and worked to settle a client's hacking coverage dispute despite little precedent guiding the way, earning her a spot among the insurance attorneys under age 40 honored by Law360 as Rising Stars.

  • June 10, 2022

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

    The past week in London has seen a South African mining company drilled over its decision to back out of the $1 billion acquisition of a Brazilian mine, Pfizer sue two rivals over patents, and the Ritz Hotel's owner seek five-star justice in a libel case against the Times. Here, Law360 looks at these and other new claims in the U.K.

  • June 10, 2022

    Insurer Doesn't Have To Cover Border Wall Payment Scam

    Federal Insurance Co. on Thursday beat a lawsuit brought by one of its insured after FIC denied coverage for a hacked transaction that cost the insured company $1.3 million, when a Pennsylvania federal judge said the policy didn't cover "social engineering."

  • June 10, 2022

    5th Circ. Upholds La. State Senator's Lightning Coverage Loss

    The Fifth Circuit refused to revive a Louisiana state senator's bid to get QBE Specialty Insurance Co. to pay roughly $600,000 in disputed costs for lightning damage to his home, finding the district court was correct to exclude "unreliable" testimony from his engineer.

  • June 09, 2022

    Balwani Rests After Testimony On Lost Theranos Database

    Ex-Theranos executive Ramesh "Sunny" Balwani rested his defense case in a monthslong criminal fraud trial Thursday after a daylong examination of Balwani's expert witness who testified over objections that the government could have recovered a missing Theranos database, which Balwani claims contains exculpatory patient-testing data.

  • June 09, 2022

    Insurer's Sewage Exposure Suit Far From Decided, Cos. Say

    An insurer can't win summary judgment on its suit seeking reimbursement for defense and settlement costs from two companies it covered in an underlying dispute over a worker's foot injury, the companies told a Massachusetts federal court Thursday, arguing that they have case-changing testimony.

  • June 09, 2022

    Amway Awarded $13M Interest In Copyright Coverage Row

    An AIG unit that was ordered to reimburse Amway for a 2015 copyright infringement suit must pay an additional $13 million to cover penalty and prejudgment interest, a Michigan federal court ruled, bringing the five-year coverage dispute to a close.

  • June 09, 2022

    Insurer Says No Coverage For City Worker's Burn Pit Death

    U.S. Specialty Insurance Co. told an Indiana federal court Thursday that it should have no coverage obligations to a municipal utilities body over claims that an employee for the city of Tipton suffered severe burns and ultimately died while unloading logs into a burn pit.

  • June 09, 2022

    Mohegan Tribe's COVID-19 Insurance Claims For Casino Nixed

    A Connecticut state judge has tossed a suit by the Mohegan Tribe's gaming arm against Factory Mutual Insurance Co., saying no provisions of the tribal entity's insurance policy covered COVID-19-related losses at the Mohegan Sun casino.

  • June 09, 2022

    Insurer Wants Out Of Texas Construction Paralysis-Injury Suit

    Crum & Forster Specialty Insurance Co. should have no duty to defend or indemnify two construction contractors accused of negligently causing a worker to fall from a second floor and suffer paralysis due to shoddy makeshift flooring, the insurer told a Texas federal court Thursday.

  • June 09, 2022

    Ex-Celtic, Atty Part Ways After Bail Snafu In Fraud Case

    Retired Boston Celtic Glen "Big Baby" Davis and the attorney representing him in the $4 million NBA health benefits fraud case are parting ways as the former center deals with repeated bail violations that threaten to send him to Brooklyn's Metropolitan Detention Center.

  • June 09, 2022

    7th Circ. Won't Revive Ill. Mall Eatery's COVID Coverage Suit

    A franchised cheesesteak restaurant at an Illinois shopping mall whose business was closed amid the COVID-19 pandemic is not entitled to coverage for losses, the Seventh Circuit said Wednesday, adopting its same viewpoint from last year when it refused to revive a dentist and hotel operator's pandemic coverage suits.

  • June 09, 2022

    Insurer, Contractor Duel Over Chicago Transit Injury Deal

    Nautilus Insurance Co. asked an Illinois federal court to find that it doesn't have to cover a general contractor's costs in a settled suit over a worker's injuries on a Chicago Transit Authority train platform, while the contractor asserted that the insurer's duty was clearly triggered.

  • June 09, 2022

    Thor Equities Defends Experts Ahead Of Virus Coverage Trial

    Commercial property owner Thor Equities defended its experts' testimony ahead of a COVID-19 coverage trial in its suit against Factory Mutual Insurance Co. in New York federal court.

  • June 09, 2022

    9th Circ. Clears Travelers On Mall's LA Fitness Suit Coverage

    The Ninth Circuit on Wednesday ruled that a Southern California mall owner isn't entitled to coverage in an underlying suit LA Fitness brought against it over a pool closure due to a deteriorated roof, because the owner knew of the roof damage before its policy with Travelers began in 2014.

  • June 09, 2022

    Property Insurance Plan Doesn't Cover COVID, 6th Circ. Says

    An insurance company is not on the hook for claims filed by seven businesses with property policies for losses associated with shutdown orders in the early days of the COVID-19 pandemic, a Sixth Circuit panel ruled.

  • June 08, 2022

    FTC Probe Into Rx Middlemen May Spark Industry Shakeup

    Concerns that pharmaceutical middlemen inflate drug prices and harm patients have led the Federal Trade Commission to launch a probe into the largely unregulated industry, and legal experts say the move could unwind long-settled mergers and open companies up to prosecution.

  • June 08, 2022

    Cos. Ask 9th Circ. To Reverse Virus Coverage Dismissals

    Tao Group, the owner of upscale restaurants and nightclubs, and a San Francisco-based concert promoter hit the Ninth Circuit with opening briefs this week, arguing that their cases fit a hypothetical COVID-19 coverage suit contemplated by a California appellate court.

  • June 08, 2022

    Trump Org. CFO Hires Cadwalader Atty To Fight DA's Tax Case

    Longtime Trump Organization finance chief Allen Weisselberg has bolstered his legal team in his tax fraud fight with the Manhattan district attorney, adding Nicholas Gravante Jr. of Cadwalader Wickersham & Taft LLP as lead trial counsel.

  • June 08, 2022

    Lab, Insurer Opt For Mediation In Software Coverage Dispute

    A medical testing lab is dropping its suit seeking coverage for millions in lost business income after a software provider allegedly blocked its access to patient records, telling a Pennsylvania federal court Wednesday that it will go to mediation with its insurer.

  • June 08, 2022

    SC Justices Focus On Biz's Communicable Disease Coverage

    South Carolina's top court pressed a sports bar and its insurers Wednesday on what would trigger communicable disease coverage in a dispute that two of the justices hinted may be too policy-specific for the court to consider broadly.

Expert Analysis

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    Trucking Industry Needs Protection From Huge Legal Verdicts

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    Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

  • 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

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    A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Medicare Advantage Plans Must Beware DOJ Scrutiny

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    The U.S. Department of Justice is increasingly investigating how health insurers report risk adjustment data in connection with the Medicare Advantage program, and several recent cases help detail the types of conduct that the DOJ is focusing on, say attorneys at Debevoise.

  • Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

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    The theory behind Minnesota's litigation against major oil companies is that the petroleum industry has known for decades that use of fossil fuels causes climate change — and the parallels with the state's successful 1990s litigation against the tobacco industry are instructive, say Dennis Anderson and Jason Reeves at Zelle.

  • How The ERISA Landscape May Shift This Year

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    Employee Retirement Income Security Act litigation shows no signs of slowing down after the past two landmark years, with courts poised to tackle key issues including the pleading standard for fee cases, the enforceability of arbitration agreements, mental health parity and more, say attorneys at Groom Law Group.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

  • Court Split On Amazon's Seller Liability Could Be Moot

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    Courts across the country have split on Amazon's liability for products sold on its marketplace, but if more e-commerce platforms follow its lead on insurance coverage requirements for vendors, it may not matter how courts resolve the seller liability issue, says Thomas Kurland at Patterson Belknap.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

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