Insurance

  • June 08, 2022

    Cyprus Sues In Del. Ch. 11 To Block 'Alter Ego' Talc Suits

    Bankrupt Cyprus Mines Corp. has launched a Chapter 11 adversary suit in Delaware to block "alter ego" talc personal injury claims against parent company Cyprus Amax Minerals Co. by known or future, unknown alleged victims.

  • June 08, 2022

    Eagles Urge Judge To Let COVID Insurance Bid Proceed

    The Philadelphia Eagles asked a Pennsylvania federal judge not to toss their lawsuit against Factory Mutual Insurance for COVID-19 pandemic-related coverage, arguing the team should be allowed to conduct discovery before the court decides the case.

  • June 08, 2022

    City Tells 9th Circ. Polluter's Insurer Must Cover Cleanup Deal

    A California city told the Ninth Circuit on Wednesday that a lower court wrongly held a former metal plating business's insurance policies don't cover a $1.4 million settlement reached to end litigation over environmental contamination.

  • June 08, 2022

    2nd Circ. Affirms Virus Coverage Loss For Conn. Dental Clinic

    The Second Circuit upheld the dismissal of a Connecticut dental clinic's bid to have the Cincinnati Insurance Co. cover its COVID-19 pandemic-related losses, finding that losing access to property doesn't constitute a "physical loss or damage" required for coverage.

  • June 08, 2022

    Branch Insurance Becomes Unicorn With $147M Capital Raise

    Weatherford Capital has helped usher the Branch home and auto insurance company into unicorn status by leading a $147 million investment that brings the company's valuation to $1.05 billion with its third round of funding.

  • June 08, 2022

    Judge Won't Revive BP Spill Fraud Claims Against Attys

    A Louisiana federal judge won't reverse a decision tossing fraud claims the state's residents brought against attorneys they alleged caused them to miss out on relief money following the 2010 BP Deepwater Horizon oil spill, saying they've wasted too many chances to amend their complaint to introduce new evidence.

  • June 08, 2022

    1st Circ. Sends Ken's Foods Coverage Row To Mass. Justices

    The First Circuit said it needed guidance in a coverage dispute over a Zurich unit's refusal to reimburse a salad-dressing manufacturer for expenses incurred to avoid an imminent and even costlier covered loss, and asked the Massachusetts high court to weigh in.

  • June 08, 2022

    Hartford Must Pay Medline Legal Fees To End Federal Case

    An Illinois federal judge on Tuesday ordered Hartford Fire Insurance Co. to pay part of medical device company Medline Industries Inc.'s legal fees as a condition of dismissing its federal libel coverage lawsuit that has been refiled in state court.

  • June 08, 2022

    6th Circ. Shoots Down BCBS' Request To Rethink ERISA Loss

    The Saginaw Chippewa Indian Tribe can keep its victory in a lawsuit alleging Blue Cross Blue Shield of Michigan overcharged for hospital visits, the Sixth Circuit held, denying the insurer's bid for the court to revisit the case.

  • June 08, 2022

    Lin Wood Insurer Wants Attys' Libel Case Stayed

    An insurer of prominent conservative attorney L. Lin Wood Jr. has asked a Georgia federal judge to pause a defamation case brought against him by three lawyers he used to work with while it pursues a court order that it's not liable to cover the litigation.

  • June 08, 2022

    Fidelity Bonds Must Cover Embezzlement, Credit Union Says

    A credit union seeking coverage for millions in embezzled funds sued its fidelity bond insurers in Georgia federal court, alleging that the insurers secretly amended policy language to escape covering "virtually any catastrophic loss" without running the changes by their policyholder or obtaining federal approval.

  • June 08, 2022

    AIG Unit Sued For Not Covering Sugar Burn Emissions Suit

    United States Sugar Corp. accused an AIG unit in Florida federal court of wrongfully refusing to cover even a single dollar of the company's seven-figure legal bills incurred successfully defending itself against a proposed class action alleging pre-harvest sugarcane burns released toxic emissions.

  • June 08, 2022

    Nonprofit Says Insurer Wrongly Withheld D&O Policy Benefits

    A nonprofit property owners association in a Tahoe City development told a California federal court that its insurer breached a policy and acted in bad faith when it withdrew coverage of an underlying suit right before trial, arguing its policy provided coverage for suits seeking nonmonetary relief.

  • June 08, 2022

    Geico Can't Ax $5.2M Award Against Policyholder In HPV Case

    A $5.2 million arbitration award over a woman's claim she contracted HPV during sexual encounters in a Geico policyholder's automobile was affirmed by a Missouri appeals court, rejecting Geico's arguments that it was denied the proper opportunity to defend its interests before the trial court.

  • June 07, 2022

    Pizzeria Drops Appeal For Coverage Of IP Infringement Suit

    An Illinois pizzeria has agreed to drop its appeal of a federal court ruling that said it isn't entitled to insurance coverage for a trademark infringement suit from a larger, similarly named chain.

  • June 07, 2022

    FTC To Probe Pharma Middlemen Over High Drug Prices

    The Federal Trade Commission said Tuesday it has launched a probe into the business practices of vertically integrated pharmacy benefit managers, requiring the six largest companies in the industry to hand over business records to help the agency determine whether they are negatively impacting affordability and access to prescription drugs.

  • June 07, 2022

    7th Circ. Rejects Limo Company's Bid To Revive COVID Suit

    The Seventh Circuit continued its recent pattern of siding with insurers in COVID-19 coverage disputes when it affirmed the dismissal of one such suit brought by a Chicago-based limousine company against Cincinnati Insurance, agreeing that the virus didn't physically alter the company's property.

  • June 07, 2022

    Cab Driver's Estate Served Insurers Too Late, NC Panel Finds

    The estate of a deceased cab driver can't pin survivorship damages on two insurance companies after the North Carolina Court of Appeals found Tuesday the insurers were served with the wrongful death lawsuit too late.

  • June 07, 2022

    Insurer Seeks Escape From $37M Natural Gas Plant Suit

    A subcontractor facing claims that it caused more than $37 million in damages because of its poor work on the construction of a natural gas liquefaction plant cannot be an additional insured under a different company's insurance policy, an AXA Insurance unit told a Georgia federal court.

  • June 07, 2022

    2nd Circ. Gives Salesman Another Shot At Hartford ERISA Suit

    The Second Circuit on Tuesday revived a suit alleging Hartford Life & Accident Insurance Co. improperly denied a medical technology salesman's long-term disability benefits, saying the insurer did not adequately respond to his appeal within the mandated time limit.

  • June 07, 2022

    Mining Co. Says Insurer Must Cover Harvey Damage Suits

    A sand mining company opposed its insurer's bid for summary judgment, telling a Texas federal court that a pollution exclusion does not bar coverage for underlying suits over Hurricane Harvey damage because the damage stems from heavy rain and not discharge of pollutants.

  • June 07, 2022

    2 More Ex-NBA Players To Cop Pleas In Health Plan Scheme

    Former NBA players Jamario Moon and Anthony Wroten are the second and third defendants to strike plea deals over an alleged $4 million scheme to defraud the league's health benefits plan, according to orders from a New York federal judge overseeing the sprawling case.

  • June 07, 2022

    Panel Upholds Appraisal Order In $2M Irma Damage Dispute

    American Coastal Insurance Co. must continue with an appraisal process in a lawsuit over coverage for a townhome community's Hurricane Irma damage, a Florida appeals court ruled Friday, finding that the insurer couldn't persuasively argue any errors in the lower court's order.

  • June 07, 2022

    SC High Court Set To Tackle COVID Coverage Suit

    The South Carolina high court justices are set to hear arguments in a coverage suit over whether the presence of COVID-19 and related governmental orders caused physical loss or damage to property, a week after a third state high court put out a ruling in a similar case.

  • June 06, 2022

    Circuit Courts Back Insureds' Losses In Virus Coverage Suits

    The Eighth Circuit affirmed a Liberty Mutual unit's win Monday in a coverage dispute with sandwich shop operators over pandemic-related losses, following courts around the country in finding that policies covering direct physical loss or damage require a tangible alteration to property.

Expert Analysis

  • NY Case Shows Insurance Possibility For SEC Disgorgements

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    Directors and officers insurers almost invariably deny coverage for payments described as disgorgements in settlement agreements with the U.S. Securities and Exchange Commission, but the recent decision of New York's highest court in J.P. Morgan v. Vigilant demonstrates how policyholders can negotiate an insurable settlement with the SEC, say Stephen Weisbrod and Tamra Ferguson at Weisbrod Matteis.

  • Lawyers Must Prepare For Contract Tech Co. Consolidation

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    The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

  • US Broadened Reach Of Targeted Sanctions In 2021

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    This year, the Office of Foreign Assets Control leveraged sanctions in pursuit of national security, evincing a clear trend toward more targeted sanctions programs without significantly sacrificing their financial impact, say attorneys at Ropes & Gray.

  • How Budget Bill Could Affect Employer Health, Benefit Plans

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    Following the House's recent passage of President Joe Biden’s $1.75 trillion spending bill — the Build Back Better Act — employers should carefully consider several of the proposal’s health care and benefits provisions, which could pose immediate compliance challenges if the act is signed into law this year, say Anne Hall and Tim Kennedy at Hall Benefits Law.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

  • Series

    Embracing ESG: Synchrony Counsel Talk Role Of Legal Teams

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    Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

  • How 11th Circ. Ruling Dominated 2021 COVID Insurance Cases

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    Despite being a case about construction dust and debris, the Eleventh Circuit’s 2020 opinion in Mama Jo’s v. Sparta Insurance had a pervasive and unwarranted effect this year on coverage for business interruption losses stemming from the COVID-19 pandemic, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.

  • For Junior Lawyers, Authenticity And A Solid Pitch Are Key

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    With strong lateral partner hiring and other pandemic-era trends making it harder for newly minted attorneys to progress in their careers, junior lawyers should take steps to perfect their elevator pitch and remain true to who they are, as a big part of their success will depend on how well they sell themselves to clients and how genuine they appear, says Emily Weber at Foley & Lardner.

  • A Compliance Primer For Attorneys Outsourcing Legal Work

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    Growing numbers of law firms and corporations outsource legal work for cost savings, so lawyers must firmly understand their related obligations set forth by bar associations across the country — from obtaining client consent to using accepted billing methods, say Melissa Khalil at Nora.Legal, Jeremy Babener at Structured Consulting and Patrice Asimakis at LegalEase Solutions.

  • New ERISA Rulings Diverge On Civil Procedure

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    The Third Circuit’s recent decision in Noga v. Fulton Financial Employee Benefit Plan, which applied administrative law principles in reinstating a claimant’s Employee Retirement Income Security Act benefits, deviates from a rising chorus of judicial voices and fails to help repair ERISA's civil procedure, says Mark DeBofsky at DeBofsky Sherman.

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • Why New Phase I Site Standard Matters For Real Estate

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    As an update to the preeminent standard for Phase I environmental site assessments — an essential part of transactional due diligence — is rolled out, parties to real estate transactions should adopt the new standard if they wish to claim liability protections under the Superfund law, say Lorene Boudreau at Ballard Spahr and Mitchell Wiest and Sara Redding at Roux.

  • The Implications Of COP26 For Legal Practitioners

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    Developments at the recent United Nations Climate Change Conference will create both opportunities and risks for lawyers — with many new laws, regulations and industry best practices to track, and a growing pipeline of new energy and infrastructure projects to facilitate, say Caroline May and Charles Winch at Norton Rose.

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