Insurance

  • May 28, 2021

    Art Biz Brings COVID-19 Coverage Suit To The 4th Circuit

    An art class company has urged the Fourth Circuit to revive its proposed class action seeking pandemic-related loss coverage from Cincinnati Insurance Co., saying a West Virginia federal court wrongly asked it to show virus infections to allege physical harm.

  • May 28, 2021

    11th Circ. Frees Apartment Insurers From Claims Over Murder

    Insurance companies notified two years too late of a murder and assault at an Atlanta apartment complex don't have to indemnify the apartments' owner and manager for the $7 million settlement of an underlying suit, the Eleventh Circuit held.

  • May 28, 2021

    Windy City Shuffle: Lewis Brisbois, Greenberg Traurig

    In Law360's occasional roundup of Chicago lawyers' latest moves, Lewis Brisbois Bisgaard & Smith LLP has hired a data privacy and security partner, and Greenberg Traurig LLP pulled a new real estate shareholder from Katten Muchin Rosenman LLP.

  • May 28, 2021

    7 Bills That Died In The Texas Legislature This Session

    With the Texas legislative session wrapping Monday, lawmakers left behind hundreds of bills that lost steam during the process, including proposals to create a statewide business court, change uninsured and underinsured motorist insurance guidelines, and install a process to review outside counsel contracts signed by the attorney general.

  • May 28, 2021

    New York Law Firm Hits Hartford With Virus Coverage Suit

    A New York personal injury law firm took Hartford Insurance Co. to New York federal court over pandemic losses it says it's owed, alleging the insurer is skirting its duties under a policy it issued shortly before the first major virus outbreak in the United States.

  • May 28, 2021

    11th Circ. Rejects Berkshire Bid To Ax $4M Insurance Award

    The Eleventh Circuit has agreed with a Florida federal court that a Sunshine State woman's life insurance policy was illegally procured, though the appellate court otherwise stayed Berkshire Hathaway's appeal of the ruling that it owes $4 million until the Delaware Supreme Court answers several questions.

  • May 28, 2021

    Latham Atty's 2010 Notes Fair Game In Fluor-Zurich Trial

    Fluor Corp. must hand over notes written by its Latham & Watkins LLP trial counsel that purportedly document the company's 2010 demands for Zurich American Insurance Co. to settle lead contamination suits on its behalf, a Missouri federal judge has ruled.

  • May 28, 2021

    Insurer Aims To Duck Fire Loss Due To Hotel's Pandemic Use

    A Philadelphia hotel's fire loss isn't covered as the policy is void, a subsidiary of The Hanover Insurance Co. said in a New Jersey federal court, saying the management group hid that its hotel was temporarily used to isolate and quarantine individuals infected with coronavirus.

  • May 28, 2021

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

    The past week in London has seen a diamond broker do battle with an old client, a luxury Qatari conglomerate go after its Lebanese insurer and J.K. Rowling's literary agent sue Fieldfisher LLP. Here, Law360 looks at those and other new claims in the U.K.

  • May 27, 2021

    Cincinnati Wins Ax Of Mich. Restaurants' Virus Coverage Suit

    A Michigan federal judge on Thursday tossed two restaurants' COVID-19 business interruption suit against Cincinnati Insurance Co., saying the eateries failed to show they experienced any property damage covered by the insurance.

  • May 27, 2021

    Art Gallery Asks 9th Circ. To Revive Virus Coverage Bid

    An art gallery owner is asking the Ninth Circuit to revive its bid for pandemic loss coverage, saying a virus provision in its policy with Sentinel Insurance Co. unit Hartford entitles it to coverage for losses resulting from government restrictions.

  • May 27, 2021

    Insurer Needn't Defend Foreman In Wegmans Injury Suit

    An insurer doesn't have to defend a foreman in a worker's suit over a construction site injury at a Wegmans store project, the Second Circuit affirmed Thursday, saying the foreman wasn't an assigned employee of the supermarket chain for purposes of an indemnity contract.

  • May 27, 2021

    7th Circ. Upholds Allstate's Win In Agent's Race Bias Suit

    The Seventh Circuit on Thursday refused to revive a race bias suit from a Black former Allstate Insurance Co. worker who said he got fired for telling a white supervisor not to attend a meeting of Black Allstate agents.

  • May 27, 2021

    Feds Fight Parnas' Bid For Disclosure Of Giuliani Docs

    The federal government has pushed back against a bid from Lev Parnas, the Florida associate of former President Donald Trump's lawyer Rudy Giuliani, to compel the disclosure of certain search warrant materials seized from Giuliani, arguing the materials aren't relevant to the indictments at hand.

  • May 27, 2021

    Insurance Exec Gets 2 Mos. For 'Varsity Blues' Testing Bribe

    A private equity and insurance executive who admitted to paying a bribe to boost his daughter's college entrance exam scores "tore the fabric of society" with his fraud, a Massachusetts federal judge said in issuing a two-month prison sentence and the maximum fine allowed by law for the crime.

  • May 27, 2021

    Lender Seeks Nix Of Law Firm's Interference Claim

    A litigation loan provider has urged a Florida federal court to drop a law firm's claim that the financier unlawfully sought to interfere with a business deal between the attorneys and their clients in a long-standing qui tam suit against MetLife Inc. as the related loan went into default.

  • May 27, 2021

    Judge Pumps Brakes On Buick Dealers' COVID Coverage Suit

    The owners of several Buick auto dealerships in Pennsylvania had their business interruption suit come to a screeching halt when a federal judge said government closure orders tied to the COVID-19 pandemic didn't cause any physical loss or damage to the locations.

  • May 27, 2021

    Trade Show Co.'s $100M Virus Coverage Suit Stays In Calif.

    A California federal judge has refused to move a trade show operator's $100 million pandemic loss suit over event cancellations to New York, saying a pair of insurers failed to show that California is an inconvenient venue.

  • May 27, 2021

    Sympathetic Judge Won't Review Restaurants' COVID-19 Case

    A Georgia federal judge won't reconsider his dismissal of a bid by Atlanta restaurants for pandemic-related insurance coverage, saying his "immense sympathy" for them doesn't change the law or the outcome of their case.

  • May 26, 2021

    Insurer Says Liquor Store's Lies Rule Out Robbery Suit Duty

    State Automobile Mutual Insurance Co. sued a liquor store it insures in Illinois federal court Wednesday, saying it has no duty to pay for the business' defense in a customer's underlying suit over a robbery because the policyholder lied on its insurance application.

  • May 26, 2021

    Insurer Drops Coverage Opposition After BIPA Case Is Nixed

    Citizens Insurance Co. told an Illinois federal court that it's dropping its suit seeking to avoid covering a restaurant franchise company policyholder's defense of a proposed Illinois Biometric Information Privacy Act class action, saying the underlying suit has been dismissed.

  • May 26, 2021

    NJ Justices Take On Bankruptcy Clause In Horizon Deal

    The New Jersey Supreme Court will examine the legitimacy of a settlement term under which money that a speech language pathologist owed to Horizon Blue Cross Blue Shield of New Jersey would not be dischargeable if she filed for bankruptcy, according to an order made available Wednesday.

  • May 26, 2021

    Travel Insurance Buyers Say AIG Units, United Misled Them

    United Airlines and two AIG units have been hit with a proposed class action accusing them of misleading customers by advertising and selling travel insurance for fees that United had scrapped in response to the coronavirus pandemic.

  • May 26, 2021

    2 Fintech Startups Rally After IPOs Raise $461M Combined

    Payment processor Flywire and electronic billing platform Paymentus went public Wednesday after raising a combined $461 million in initial public offerings that priced at the top of their ranges, guided by four law firms total.

  • May 26, 2021

    Fox Rothschild Beats Sanctions Bid In News Service Sale Suit

    A Manhattan federal judge Wednesday threw out a sanctions fight between DLA Piper and Fox Rothschild LLP, cutting the dispute from an "acrimonious" suit over a $5 million deal in which risk news service Business Insurance changed hands.

Expert Analysis

  • ERISA May Preempt Wash. Long-Term Care Measure

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    Employers should consider challenging Washington's new long-term care insurance statute on the grounds of preemption under the Employee Retirement Income Security Act or risk an additional patchwork of legislation from other states, says Richard Birmingham at Davis Wright.

  • Calif. Bill Signals Climate Disclosure Requirement Trend

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    A recently proposed California Senate bill, which would require large companies to report and mitigate their greenhouse gas emissions, heralds a trend at the state and federal levels toward requiring increased climate risk disclosures — so businesses should begin proactively assessing and reducing their emissions now, say attorneys at DLA Piper.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • How Ambiguity Can Expand Employee Insurance Coverage

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    The rule that ambiguous insurance policy language should favor the insured continues to endure under the Employee Retirement Income Security Act, and the Tenth Circuit ruling in Carlile v. Reliance Standard Life Insurance illustrates how a lack of policy clarity can end in costly litigation and an expensive adverse determination for an insurer, says Mark DeBofsky at DeBofsky Sherman.

  • Key Takeaways From FinCEN's COVID Health Fraud Alert

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    Financial institutions should consider seven best practices to fine-tune compliance programs in light of the Financial Crimes Enforcement Network’s recent advisory highlighting red flags that may signal pandemic-related health care fraud, say John Cunningham and Karima Tawfik at Buchanan Ingersoll.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • How Biden's Leadership Picks Will Shape Health Priorities

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    President Joe Biden's selections for key health posts, all key architects behind the Affordable Care Act, shed light on how the administration will approach issues ranging from health equity to rolling out the COVID-19 vaccine, say Miranda Franco and Suzanne Joy at Holland & Knight.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • Opinion

    Abusive M&A Litigation Highlights Need For Securities Reform

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    In-court M&A challenges that benefit plaintiffs counsel more than shareholders continue unabated, demonstrating the need for federal securities law reform to prevent what amounts to a deal tax on companies forced to pay mootness fee settlements and higher directors and officers insurance premiums, say attorneys at Seyfarth.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Renewable Energy Cos. Need New Risk Management Tools

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    As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

  • COVID-19 Insurance Issues To Watch In Civil Law Countries

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    A recent decision from a Spanish court of appeals shows that COVID-19 business interruption coverage disputes may not have outcomes that would be expected in common law countries, say Miguel Torres at Martínez-Echevarría & Rivera Abogados and José Umbert at Zelle.

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