Insurance

  • June 02, 2020

    State Farm Shorted Insured Drivers On Calif. Fees, Suit Says

    State Farm "systematically and uniformly" underpaid potentially 100,000 insured California car owners by failing to fully pay state-mandated regulatory fees to those who lost their insured vehicles, according to a putative class action brought against the insurance giant Tuesday in California federal court.

  • June 02, 2020

    Texas County Can't Remand $41M Hurricane Harvey Suit

    A Texas federal judge rejected a county's bid to remand its $41 million Hurricane Harvey property damage suit to state court a day after the county requested it, ruling Tuesday that the county was wrong in saying that insurers waived their rights to transfer the case.

  • June 02, 2020

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

    While the nation's collective consciousness largely shifted this week from the COVID-19 pandemic to rage over the killing of George Floyd by Minneapolis police, state leaders grappling with sometimes violent protests still continued to map out life after the coronavirus.

  • June 02, 2020

    10th Circ. Clears Liberty From Covering Shoddy Building Work

    A Tenth Circuit panel on Tuesday ruled Liberty Mutual Fire Insurance Co. did not have to cover repairs to a building resulting from a subcontractor's shoddy workmanship, finding the repairs clearly fall under an exclusion under the building owner's insurance policy.

  • June 02, 2020

    State Farm Gets OK On $10M Deal In Labor Costs Class Suit

    An Arkansas federal judge on Tuesday gave final approval to a $10 million settlement to end homeowners' claims that State Farm Fire and Casualty Co. shorted them on repair payments by depreciating material and labor costs.

  • June 02, 2020

    Zelle's Steve Badger On Untangling COVID-19 Coverage Cases

    Zelle LLP partner Steve Badger, who represents insurers in high-stakes coverage disputes, recently spoke with Law360 about his role in a new initiative by the Institute for the Advancement of the American Legal System to develop standard discovery procedures for the burgeoning number of COVID-19 insurance lawsuits.

  • June 02, 2020

    Insurer Wants COVID-19 Coverage Case Back In Federal Court

    Motorists Mutual Insurance Co. is looking to send a restaurant's coverage suit back to Pennsylvania federal court, saying there is complete diversity between the parties and the amount the restaurant is seeking for alleged losses stemming from the COVID-19 pandemic is more than $75,000.

  • June 01, 2020

    Feds Say Visa Seekers Unharmed By Trump Insurance Policy

    The Trump administration moved to toss a class action challenge to a proclamation targeting uninsured green card seekers, telling an Oregon federal judge that the visa applicants don't have upcoming consular interviews and it was unlikely the policy would imminently affect them.

  • June 01, 2020

    Judge Recommends Class Treatment For Verizon ERISA Suit

    A New York federal magistrate judge recommended Monday that a suit accusing Verizon of wrongly keeping an underperforming investment in its 401(k) plan proceed as a class action, finding the former employee leading the suit was an adequate class representative, "if modestly so."

  • June 01, 2020

    Contractors Can't Escape Insurer's $1.4M Water Damage Suit

    A Massachusetts federal judge on Monday rejected construction contractors' bid to escape a suit brought by Factory Mutual Insurance Co., which alleged that negligence caused more than $1.37 million in water damage at a Novartis facility.

  • June 01, 2020

    Surety Firms Lose Bid To Block Fees In Cloud Peak Ch. 11

    A Delaware bankruptcy judge on Monday approved a request by coal mining company Cloud Peak Energy to pay $26 million in fees to its Chapter 11 professionals over objections by insurers insisting $280 million in surety bond claims should get equal priority.

  • June 01, 2020

    Law Firm Seeks To Trim Insurance Co.'s Data Breach Suit

    A Kansas City personal injury firm being sued by former client Hiscox Insurance for allegedly mishandling a cyberattack argued on Monday that the novel case should be chopped down to a single legal malpractice claim.

  • June 01, 2020

    Texas Energy Co. Beats 'Hazy' Trade Secrets Claims

    A digital marketing company has repeatedly failed to show its trade secrets were stolen by an energy company that had licensed its software or that its information ever qualified as trade secrets, an Illinois federal court ruled Sunday.

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    Benecard Not Covered For Settlement Of $75M Medicare Suit

    A New Jersey federal judge on Sunday handed wins to six insurers, finding they are not obligated to reimburse prescription drug benefit administrator Benecard Services Inc. for its settlement of a $75 million suit over its alleged mismanagement of Medicare Part D plans.

  • June 01, 2020

    Vegas Casino Says $1.1B Policy Covers COVID-19 Losses

    A Las Vegas casino and resort has sued its insurer, alleging that it wrongfully denied coverage for its COVID-19 pandemic losses and claiming that it should get up to $1.1 billion in reimbursement because damages from the "communicable disease" are covered under its policy.

  • June 01, 2020

    Ex-Chubb Execs Blast Bids To Recoup Costs In Benefits Row

    Three former Chubb Corp. executives who sued over their benefits plan urged a New Jersey federal judge on Monday to reject the bids by the insurer and a benefits counseling company for more than $117,000 in costs, citing procedural shortfalls in their motions.

  • June 01, 2020

    Lieff Cabraser Snags $40M Fees From Sandoz, Momenta Deal

    Lieff Cabraser Heimann & Bernstein LLP and a former firm associate have won $40 million in fees from a $120 million deal they helped hospitals, health insurers and uninsured consumers ink with Sandoz and Momenta over the price of generic blood thinners.

  • May 29, 2020

    In-N-Out Sues Zurich To Cover COVID-19 Shutdown

    In-N-Out Burgers hit Zurich American Insurance Co. with a breach of contract suit alleging the insurance company wrongly refused to cover the Golden State burger chain's business losses during the coronavirus pandemic, according to a suit filed Friday in California federal court.

  • May 29, 2020

    D&O Insurer Didn't Deny In Bad Faith, Ill. Appeals Court Says

    An Illinois appellate court held Thursday that Liberty International Underwriters wasn't unreasonable or vexatious when it denied coverage under a directors and officers policy to an entertainment company accused of minority ownership oppression.

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    Latham Facing DQ Bid From Ex-Clients In Ponzi Scheme Suit

    Two title and insurance companies being sued by investors over an alleged Ponzi scheme have asked a California state judge to disqualify Latham & Watkins LLP from representing the investors, saying Latham's defense of the companies in a previous Ponzi case gives the firm a conflict as it goes against the businesses now.

  • May 29, 2020

    Insurer Must Defend Pasta Co. In Tainted Pizza Crusts Suit

    A New Jersey federal judge ruled Friday that Republic Franklin Insurance Co. must cover a pasta company's costs to defend a suit alleging listeria contamination in its gluten-free pizza crusts sunk a business partner's distribution deal with Trader Joe's.

  • May 29, 2020

    Patriot National Trustee Wants $3M Deal OK'd In Ch. 11 Case

    The litigation trustee for bankrupt insurance services firm Patriot National Inc. is urging the Delaware bankruptcy court to approve a $3 million settlement in his suit against the firm's former directors in Chancery Court.

  • May 29, 2020

    Insurers Cleared To Arbitrate Hurricane Harvey Coverage Row

    A Texas federal judge on Friday granted a bid by a group of Lloyd's of London insurers to arbitrate a property owner's dispute over $1 million in Hurricane Harvey damage, saying the policy doesn't let the court override the arbitrator's power to decide whether arbitration is valid.

Expert Analysis

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • PPP Loans Create 2 Issues For Virus Biz Interruption Claims

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    Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Entertainment Cos. May Not Be Insured For Pandemics

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    With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • Wash. ERISA Ruling Paves Way For Access To Health Benefits

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    A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

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