Insurance

  • May 26, 2021

    Hotelier Loses $8M Hurricane Irma Insurance Fraud Trial

    A Florida federal jury has ruled against a hotel investment firm in an $8 million insurance fraud suit claiming that the hotelier intentionally misrepresented damage its property sustained after Hurricane Irma made landfall in Orlando in September 2017.

  • May 26, 2021

    Insurer Calls Brunch Chain's Virus Argument 'A Mockery'

    Zurich American Insurance Co. urged the Eleventh Circuit on Wednesday to reject a national brunch restaurant chain's argument for pandemic-related coverage as making "a mockery" of the plain language in its policy.

  • May 26, 2021

    Dems Start Quest For Centerpiece Of Biden's Health Agenda

    Democratic lawmakers have marked the official start of efforts to design would-be legislation that would facilitate the creation of a "public option" for health insurance to compete with private policies.

  • May 26, 2021

    Chubb Unit Gets Dismissal Of Health System's $5M Virus Suit

    A Minnesota federal judge has thrown out a health system's $5 million bid for pandemic loss coverage, saying the coronavirus wasn't a covered pollutant under its policy with Chubb unit ACE American Insurance Co.

  • May 26, 2021

    Insurer Doesn't Have To Defend Pipeline Co.'s $5M D&O Suit

    An Oklahoma federal judge has freed a Chubb insurance unit from having to cover pipeline company T.D. Williamson Inc.'s over $5 million legal bill for a former director's suit, holding that the policy's "insured versus insured" exclusion bars coverage.

  • May 26, 2021

    Judge Won't Trim Gerdau's Suit Seeking Litigation Coverage

    A Florida federal judge on Tuesday refused to pare down a lawsuit by a subsidiary of steel company Gerdau against Zurich American Insurance Co. over its failure to pay for litigation costs related to the March 2018 collapse of a Miami pedestrian bridge, finding that its request for clarification of the policy is not duplicative.

  • May 26, 2021

    Messner Reeves Adds Ex-Ropers Majeski Litigation Squad

    Messner Reeves LLP has snagged a pair of litigation partners from Ropers Majeski PC in a boost to the firm's presence in Southern California, bringing with them dozens of attorneys and personnel.

  • May 26, 2021

    Md. College's Virus Coverage Suit Sent To State Court

    A Maryland college's claims against Continental Casualty Co. and an insurance broker are better suited for state court, a federal judge ruled Wednesday, sending back the case over the college's losses tied to government shutdown orders during the coronavirus pandemic.

  • May 26, 2021

    Oilfield Boat Captain's Crocs To Blame For Fall, Judge Rules

    The captain of an oilfield trawling boat in the Gulf of Mexico can't recover any damages for a spinal injury he suffered after slipping on board because he violated safety policies by wearing Crocs on deck, a Louisiana federal judge held Tuesday.

  • May 25, 2021

    Pa. Judge Grants Virus Coverage To Pittsburgh Tavern

    A Pennsylvania state court judge went against the majority of COVID-19 insurance rulings when she ruled Tuesday that an insurer must cover the pandemic-related losses suffered by a downtown Pittsburgh tavern.

  • May 25, 2021

    Casino Says Insurers Who Forgot Virus Exemption Must Pay

    A group of insurers must pay for a Florida casino's pandemic-related business losses because they failed to include virus exemptions in their policies, the casino has claimed in a suit filed in New York state court.

  • May 25, 2021

    McDonald's Owed No Duty For BIPA Suits, Insurer Says

    Old Republic Union Insurance Co. has told an Illinois state court it has no duty to cover McDonald's Corp. in two underlying biometric information violation class actions, saying the policy's employment and privacy-rights exclusions bar coverage.

  • May 25, 2021

    Insurer Says Gym Owners' Losses Barred By Virus Exclusion

    Markel Insurance Co. asked a Virginia federal court to throw out a suit from a group of Anytime Fitness gym owners seeking coverage for pandemic losses, saying a virus exclusion in their policies precludes any coverage.

  • May 25, 2021

    Food Importer's COVID Suit Over Lost Inventory Is Tossed

    A Puerto Rico food importer and distributor can't look to coverage for over $550,000 in losses from expired seafood product during the COVID-19 pandemic, a federal judge ruled Monday, saying a government lockdown order wasn't directed at the goods themselves or their sale.

  • May 25, 2021

    Judge Revisits Grocer's Defense Dispute Over Opioid Injury

    A Pennsylvania federal judge said Tuesday his refusal to consider a part of Giant Eagle's primary insurance policy caused "a clear error of law," tossing his November ruling that the grocery chain's excess insurers must defend it in opioid injury suits.

  • May 25, 2021

    RealPage Asks 5th Circ. To Revive $6M Phishing Coverage Bid

    Real estate software company RealPage asked the Fifth Circuit to revive its bid for coverage of a $6 million loss in a 2018 phishing scam, saying its use of a third-party digital payment service should not preclude it from coverage.

  • May 25, 2021

    Philly Store Sues Penn National For Looting Coverage

    A Philadelphia sneaker store has claimed that its insurer refused to cover damage caused by looters in the wake of last year's protests of the murder of George Floyd, and filed a lawsuit demanding coverage in Pennsylvania state court.

  • May 25, 2021

    Ariz. Crystal Shop Can't Get Pandemic Costs From Insurer

    A Massachusetts insurer does not have to reimburse an Arizona crystal and rock shop for costs associated with closing under state orders tied to the COVID-19 pandemic because the policy didn't cover losses from a virus, a federal judge said Tuesday.

  • May 25, 2021

    Insurer Says It Won't Defend Pallet Co.'s BIPA Suit

    Citizens Insurance Company of America on Tuesday asked an Illinois federal court to determine it has no obligation to cover a pallet company's fight with employees alleging data privacy violations, saying several exclusions in the company's policy apply.

  • May 25, 2021

    Chancery OKs $15M Towers-Watson Merger Claim Settlement

    Towers Watson & Co. shareholders secured the final, $15 million portion Tuesday of a combined $90 million state and federal settlement of challenges to an $18 billion merger, with a Delaware Chancery Court ruling that included a $3.75 million fee for Kessler Topaz Meltzer & Check LLP and Grant & Eisenhofer PA.

  • May 25, 2021

    State Farm Says Sales Reps Can't Pursue Class ERISA Claim

    State Farm argued Monday that its contracted sales representatives are excluded from most of the benefit plans they claim they were blocked from participating in and asked an Illinois federal judge to end the claims.

  • May 25, 2021

    Ga. Judge Chastises Atty For Repping Clients He's Never Met

    A Georgia federal judge on Tuesday questioned how an attorney can make representations to the court and answer interrogatories on behalf of clients in a personal injury suit if he's never met the people he's representing.

  • May 25, 2021

    Colo. Justices Rebuff Insurer's $2.5M Defect Award Challenge

    A split Colorado Supreme Court decided Monday not to disturb a lower court's ruling that Auto-Owners Insurance Co. can't intervene in a construction defect case to challenge a homeowners association's uncontested $2.5 million judgment against a glass company.

  • May 25, 2021

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

    The continuing decline in COVID-19 cases and the upcoming Memorial Day holiday spurred more reopening activity this past week in places like New Jersey, where Gov. Phil Murphy announced the major move of lifting the indoor mask mandate and indoor and outdoor social distancing requirements ahead of the holiday weekend.

  • May 25, 2021

    Ex-Texas Bar President, Wife Tap Team Of Attys For New Firm

    The immediate past president of the State Bar of Texas and his wife, a Texas Bar Foundation trustee, announced Monday that a team of five attorneys would be joining them in their newly formed personal injury law firm.

Expert Analysis

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Obtaining General Jurisdiction Over Out-Of-State Insurers

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    A series of recent court decisions illustrate the challenges of litigating against insurers in a state where neither party resides, and demonstrate alternate means of securing jurisdiction, says Richard Mason at MasonADR.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Opinion

    11th Circ. Should Reconsider Remote Arbitration Subpoenas

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    In light of the pandemic and resulting advancements in teleconferencing practices, the Eleventh Circuit should consider revisiting its 2019 ruling in Managed Care Advisory Group v. Cigna Healthcare, which mandated in-person hearings for third parties' subpoena compliance, says Suzanne Wynn Ockleberry at Wynn Arbitration.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • Biz Interruption Insurance Considerations After Texas Storms

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    Businesses that have suffered losses from the snow and utility interruptions in Texas should consider the broad range of commercial property insurance policy triggers that may apply, says Micah Skidmore at Haynes and Boone.

  • When Domestic Securities Fall Outside Scope Of Federal Law

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    The Second Circuit’s recent opinion in Cavello Bay Reinsurance v. Stein, which held a private securities sale was extraterritorial despite several ties to New York, underscores that how transaction agreements are structured could affect whether a deal may be subject to federal securities laws — especially in an increasingly remote world, say attorneys at Cleary.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • When Mergers Create D&O Insurance Complications

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    A Delaware state court's recent decision in Northrop Grumman v. Zurich illustrates some of the pitfalls and disputes that commonly arise when companies with competing directors and officers insurance policies merge, says Sam Ballingrud at Sherman & Howard.

  • A Changing Health Insurance Antitrust Landscape

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    The newly passed Competitive Health Insurance Reform Act only removes some limited antitrust immunities for health insurers, but could foreshadow new aggressiveness from government enforcers and private litigants to challenge insurance industry practices, say Adam Biegel and Matthew Dowell at Alston & Bird.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • New ERISA Ruling May Cut Claimants' Timeliness Guesswork

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    An Illinois federal court's recent ruling in Hewitt v. Lincoln Financial offers new clarity on the statute of limitations for filing a benefit claim lawsuit under the Employee Retirement Income Security Act — a welcome development given uncertainty following the U.S. Supreme Court's 2013 ruling in Heimeshoff v. Hartford Life, says Mark DeBofsky at DeBofsky Sherman.

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