Insurance

  • November 29, 2021

    Holmes Says Ex-Theranos Exec Controlled And Abused Her

    Elizabeth Holmes testified in her criminal fraud trial Monday that she began dating former Theranos executive Ramesh "Sunny" Balwani after she was raped in college, initially viewing the older man as her protector before the relationship devolved into a 10-year nightmare of obsessive control and sexual abuse.

  • November 29, 2021

    Ohio Ransomware Ruling Heightens 'Silent Cyber' Worries

    An Ohio appeals court's recent split ruling in a ransomware case shocked insurance attorneys, with some saying the decision contradicts hundreds of recent COVID-19 coverage decisions and could pin so-called silent cyberinsurance risks on unsuspecting insurers.

  • November 29, 2021

    Judge Unsure About Letter As Fix For Boy Scout Email Row

    A Delaware bankruptcy judge questioned Monday whether she had the authority to order a pair of feuding law firms in the Boy Scouts of America's case to send a joint letter as a proposed fix to an explosive email that stoked fears the vote on a Chapter 11 plan had been tainted.

  • November 29, 2021

    4 Amicus Briefs Filed In Restaurants' $50M Virus Suit Appeal

    Organizations representing restaurants, trial lawyers and insurance companies have asked to weigh in on a restaurant conglomerate's appeal of the dismissal of its $50 million COVID-19 coverage suit.

  • November 29, 2021

    Insurers Failed La. Homeowners After Storm, Suits Say

    Four property insurers, including Allstate and State Farm, acted in bad faith by failing to adequately compensate four Louisiana homeowners for property damage and living expenses incurred from being without power for up to two weeks after Hurricane Laura, according to complaints filed Monday in federal court.

  • November 29, 2021

    Insurers Want $3.3M Hurricane Damage Claim Arbitrated

    A coalition of insurers says that a dispute over how much money a property owner is owed for damage caused by Hurricane Laura belongs in arbitration and asked a Louisiana federal court to send it there as soon as possible.

  • November 29, 2021

    AmFam Says Injury Settlement Bars $13B Surveillance Suit

    A Georgia woman's $13 billion lawsuit accusing American Family Insurance Co., its defense counsel and a private investigation firm of conspiring to illegally spy on her should be thrown out because her claims have already been settled and dismissed with prejudice, the insurer told a Georgia state court.

  • November 29, 2021

    Insurer Can't Duck Disability Coverage At 3rd Circ.

    An insurance company has to go back to paying benefits for a disabled client because its decision to twice bring in outside consultants who said he could go back to work was motivated by a conflict of interest and deviated from the insurer's usual claim-review process, a Third Circuit panel ruled.

  • November 29, 2021

    Restaurateur Seeks New Trial Over Denied COVID Coverage

    The operator of nine Midwest restaurants is seeking a new trial on whether Cincinnati Insurance breached its property policy in denying coverage for business losses caused by the COVID-19 pandemic, telling a Missouri federal court that the jury was improperly instructed.

  • November 24, 2021

    Cargill Wants Insurer To Cover $44M Worker Kickback Losses

    Cargill Inc. on Wednesday asked a Minnesota federal court to order its insurer to cover the $44.7 million loss the company said was the result of a bribery and kickback scheme involving former employees, claiming that the loss is covered under its commercial crime policy.

  • November 24, 2021

    Turkeys, Corn, Fire: Insurance Suits For This Thanksgiving

    Thanksgiving is a time of reflection on what one is grateful for, and for those with insurance policies, that might include coverage for the risks associated with the holiday. Here, Law360 takes a look at some lawsuits between policyholders and insurers from years past that involve Thanksgiving.

  • November 24, 2021

    Airport Insurer Says $26M Gas Poisoning Verdict Not Covered

    A $26.5 million jury verdict recently leveled against a Rhode Island airport for a carbon monoxide poisoning incident that injured two workers doesn't qualify for coverage because of a pollutant exclusion in the airport's policy, its insurer argued in federal court.

  • November 24, 2021

    Exclusion Bars Earthquake Suits Coverage, Okla. Justices Say

    The Oklahoma Supreme Court said an earth-movement exclusion precludes insurance coverage for an oil and gas company facing several lawsuits accusing its operations of causing earthquakes.

  • November 24, 2021

    USAA Wants Totaled-Car Class Suit Tossed Over Bankruptcy

    Insurance carrier United Services Automobile Association told a Georgia federal court Wednesday that a class action against it seeking coverage for the full amount of a tax on replacement cars should be tossed because the lead plaintiff filed for bankruptcy.

  • November 24, 2021

    Insurer's Winery Fire Suit Axed In Favor Of State Court Action

    A California federal judge dismissed Kinsale Insurance Co.'s suit against a Napa Valley winery over coverage for damages from the 2020 Glass Fire, saying the same issues could be resolved in a state court suit brought by the winery.

  • November 24, 2021

    Reinsurance Rates Likely To Rise Due To Disasters, Demand

    Demand for reinsurance continues to grow as primary insurers grapple with large payouts from natural disasters, which experts predict will lead to significant rate hikes in the sector that ultimately may boost profitability.

  • November 24, 2021

    AXA, Attys End Dispute Over Investor Fraud Suit Coverage

    An AXA XL subsidiary and attorneys it insured who were sued in multiple investor lawsuits told a Pennsylvania federal court Wednesday they agreed to end litigation over whether the attorneys are covered in the lawsuits.

  • November 24, 2021

    Convicted Ex-Insys Execs Must Pay $48.3M To Victims

    Federal prosecutors in the Insys Therapeutics Inc. opioid kickback case won a fight over how much the founder and former executives owe victims, as a Boston federal judge on Tuesday ordered up the $48.3 million restitution sum requested by the government.

  • November 24, 2021

    Gordon & Rees Snaps Up Veteran Litigator In Nevada

    Gordon & Rees LLP has bolstered its ranks with the addition of a seasoned trial lawyer from Thorndal Armstrong Delk Balkenbush & Eisinger who will add to its litigation, insurance, health and ERISA teams.

  • November 24, 2021

    No COVID Coverage For Canceled TV Show, Insurer Says

    An insurance company said it doesn't have to pay a television and production company for the cancellation of its TV show because it hasn't demonstrated or proved that the cancellation was due to the pandemic.

  • November 23, 2021

    Holmes Admits Adding Pfizer Logo To Reports For Walgreens

    Elizabeth Holmes expressed regret during her day-long examination in her criminal fraud trial Tuesday over mistakes she made while serving as Theranos' CEO, including adding Pfizer and Schering-Plough logos to Theranos validation reports before sending them to Walgreens' executives, but she defended her actions as well-intended.

  • November 23, 2021

    NY High Court Sides With JP Morgan In $140M Insurance Suit

    A majority of New York's highest court said Tuesday that a $140 million settlement payment by J.P. Morgan Securities Inc.'s predecessor to the U.S. Securities and Exchange Commission wasn't an uninsurable penalty, reversing a state appellate court's ruling in a decadeslong insurance case.

  • November 23, 2021

    Refiner Can Pay Lower Retention In Securities Coverage Suit

    A CVR Refining LP unit can pay a lower retention in two securities class actions alleging it manipulated stock prices, a Delaware state court said Tuesday, saying a higher retention for claims related to mergers did not apply.

  • November 23, 2021

    Financial Co. Sues For Coverage In Investment Advising Case

    Centaurus Financial is owed coverage from an Intact Insurance unit for claims it provided poor advisory services, the investment services company told a California federal court, saying the insurer had wrongly denied all coverage.

  • November 23, 2021

    Ga. Justices Nix Insurers' Protest Of Truck Crash Coverage

    The Georgia Supreme Court declined Tuesday to hear an appeal from an insurer that provided nonbusiness-related coverage to a trucker who hit a motorcyclist, agreeing with appellate and lower courts that the insurer must cover the crash because the trucker was off the clock when it occurred.

Expert Analysis

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Infrastructure Act Measures Could Affect Holiday Shipping

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    While some measures in the Infrastructure Investment and Jobs Act will take time to have an impact on shipping, other aspects of the law have the potential to help ease supply chain snarls quickly enough to expedite the movement of goods for the holiday shopping season, say Samuel Basch and Joseph Goldberg at Cole Scott.

  • Strike And Riot Insurance Considerations For Policyholders

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    As civil unrest risks evolve, outpacing the insurance products designed to cover them, businesses relying on strike, riot and civil commotion coverage or commercial property coverage should review key aspects of their policies, say Jillian Raines and Shafkat Rakib at Cohen Ziffer.

  • Texas Insurers' Paths To Post-Appraisal Summary Judgment

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    Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

  • M&A Rulings Provide Guidance On 'Bump-Up' Claim Coverage

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    As M&A activity continues to surge, several recent federal court decisions can guide companies in structuring their insurance programs and assessing whether so-called bump-up claims arising from particular M&A transactions may be covered, say Robin Cohen and Orrie Levy at Cohen Ziffer.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • Early ESG Due Diligence Can Minimize Risk, Maximize Reward

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    Companies can no longer afford to ignore environmental, social and corporate governance due diligence — the risks and rewards have become too great when it comes to pre-deal merger and acquisition transactions, supply chain audits, routine company audits and beyond, says Kimberly Jaimez at Pillsbury.

  • BIPA Ruling Should Aid Insurers In Privacy Claims

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    Massachusetts Bay Insurance v. Impact Fulfillment Services, a recent decision by a North Carolina federal court finding that a Biometric Information Privacy Act claim was precluded under an insurance exclusion, represents a potentially significant win for insurers due to its broadly applicable contract interpretation, say Joshua Polster and Conor Mercadante at Simpson Thacher.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Opinion

    Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • 6th Circ. ERISA Ruling Highlights Dubious Court Practices

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    A recent concurring opinion from Sixth Circuit Judge Eric Murphy in Card v. Principal Life Insurance is the first to question remands in Employee Retirement Income Security Act cases, opening a long-overdue dialogue on several questionable court practices that deviate from the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Sherman.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

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