Insurance

  • June 23, 2021

    Five Insurers Sue Comcast, Verizon Over Philly Highrise Flood

    Five insurers have sued Comcast Corp. and Verizon Communications, alleging the telecommunication giants' negligently installed cables caused flooding inside Philadelphia's Two Liberty Place skyscraper last summer.

  • June 23, 2021

    9th Circ. Leaves Yahoo Atty Fee Award Alone In Coverage Spat

    The Ninth Circuit on Wednesday left Yahoo Inc.'s jury award of more than $600,000 in attorney fees untouched after an AIG subsidiary accused the tech giant of not presenting the correct recoverable amount, with the panel finding that Yahoo shared adequate billing records.

  • June 23, 2021

    Exxon Beats Insurers' Indemnity Bid Over Enviro Claims

    A New Jersey state appeals court on Wednesday found that Exxon Mobil Corp. did not have to indemnify its insurers over environmental liabilities as required by a previous settlement agreement, saying the insurers took too long to send Exxon the relevant claims.

  • June 23, 2021

    UTA's $150M COVID-19 Insurance Suit Nears Cancellation

    A California judge said Wednesday he's leaning toward tossing United Talent Agency's lawsuit alleging two Chubb Group subsidiaries wrongfully rejected claims for over $150 million in COVID-19-related losses, saying he's having a hard time seeing past the policy's requirement for a "direct physical loss or damage" to UTA's property.

  • June 23, 2021

    Ex-Lewis Brisbois Atty Faked 2,000 Hours, Ill. Watchdog Says

    Lewis Brisbois Bisgaard & Smith LLP has fired an associate who admitted he faked more than 2,000 hours of work on a pro bono assignment over the course of a year after the case was dismissed, the Illinois Attorney Registration and Disciplinary Commission said in a complaint.

  • June 23, 2021

    Texas Jury Weighs Doctors' $117M Ask In Insurance Rate Row

    Jurors in Houston are weighing whether two emergency room staffing companies are entitled to $117 million in damages from insurer Molina Healthcare of Texas Inc. for routinely underpaying claims or if the companies are seeking a reimbursement windfall that would crush insurers that cover low-income clients.

  • June 23, 2021

    Solar Panel Co. Loses Bid For Coverage Of Shareholder Suit

    A major solar panel manufacturer isn't entitled to coverage of a shareholder suit accusing the company of concealing production process defects, a Delaware state court found Wednesday, saying the suit's similarity to a related class action precluded coverage under the manufacturer's policies.

  • June 23, 2021

    Transamerica Inks $5.4M Deal To Settle ERISA Class Action

    Transamerica Corp. told an Iowa federal judge Wednesday that it has inked a $5.4 million deal to settle an ERISA class action in which roughly 24,500 current and former workers accused it of stuffing its 401(k) plan with underperforming proprietary investments.

  • June 23, 2021

    InterContinental Hotels Drops Out Of Sex-Trafficking Suit

    An anonymous accuser has dismissed United Kingdom-based InterContinental Hotels Group PLC from her sex-trafficking lawsuit against a slew of hotels in Ohio federal court as the parties hash out discovery and a trial schedule in the long-running case.

  • June 23, 2021

    Calif. Jury Clears CVS In $121M Drug Overcharge Trial

    A California federal jury on Wednesday cleared CVS Pharmacy Inc. of claims by multiple classes of insured drug buyers that the pharmacy chain overcharged them by more than $121 million for generic drugs, in violation of multiple state consumer protection statutes, according to CVS and attorneys for the classes.

  • June 23, 2021

    Rent Abatement Clause Frequency Up Nearly 50% Since 2019

    The use of rent abatement clauses in commercial leases has jumped by nearly 50% since 2019 as tenants and landlords continue to spar over the question of how the COVID-19 pandemic factors in, while pandemic-related force majeure clauses are also on the rise, according to Practical Guidance.

  • June 23, 2021

    Ga. Judge Rejects Health Insurer's Faith-Based Dismissal Bid

    A Georgia federal judge has said a health insurance company can't mask itself as a religious organization to avoid or force arbitration of a proposed class action brought by insureds who say they were charged exorbitant fees and denied promised coverage.

  • June 23, 2021

    Insurance Legislation & Regulation: Midyear Report

    A New Jersey bill designed to extend insurance coverage to future pandemics and a federal proposal that would shield insurers that do business with cannabis companies are among the legislative and regulatory developments that have captured insurance attorneys' attention in the first half of 2021.

  • June 23, 2021

    Ever Given Insurer Reaches Settlement With Suez Canal

    The British insurer of the Ever Given container ship said on Wednesday that it has reached a settlement agreement with the Suez Canal Authority that will allow the impounded vessel to be released after it was seized in March.

  • June 22, 2021

    CVS Drug Buyers Seek $121M As Overcharge Jury Trial Wraps

    Insured drug buyers' counsel urged a California federal jury to award 6.3 million CVS Pharmacy customers $121 million for overcharging them for generic drugs at the close of a weekslong trial Tuesday, while CVS' counsel argued it did nothing wrong and its pricing practices were in line with industry standards.

  • June 22, 2021

    4th Circ. Revives ERISA Suit Against Aetna And OptumHealth

    The Fourth Circuit revived litigation Tuesday accusing Aetna and OptumHealth of tricking patients into paying administrative fees disguised as medical expenses, resuscitating several ERISA allegations and handing the woman who sued another chance to turn the case into a class action.

  • June 22, 2021

    2nd Circ. Nixes Bid To Enforce Years-Old Moldovan Gas Award

    The Second Circuit has nixed an order enforcing a more than two-decade old Russian arbitral award in a long-running dispute over Moldovan gas debts, ruling Tuesday that the lower court wrongly exercised jurisdiction over Moldova and a gas company that the country had formed to answer for those debts.

  • June 22, 2021

    Hanover Escapes NJ Virus Coverage Suit From Medical Group

    A New Jersey state judge on Tuesday said an insurance policy's virus exclusion barred a medical practice and related entities from obtaining coverage from the Hanover Insurance Group for losses arising from government restrictions imposed in the Garden State and Pennsylvania to curb the spread of COVID-19.

  • June 22, 2021

    No Bad Faith By Insurer In Crash Dispute, 4th Circ. Rules

    Columbia Insurance Co. didn't act in bad faith when it twice rejected settlement demands from two North Carolina residents seriously injured in an auto collision, a Fourth Circuit panel affirmed Tuesday, saying the insurer ultimately paid the policy limit.

  • June 22, 2021

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

    Vaccination incentive initiatives and grant programs dominated COVID-19 recovery progress this past week, leading to billions of dollars in measures seeking to ease the impact of the waning pandemic.

  • June 22, 2021

    Ferrari Insurer Scores Win In Loan Dispute With Luxury Mag

    A United States Fire Insurance Co. unit seeking more than $290,000 for a crashed Ferrari notched a victory after a California federal judge said the luxury magazine that borrowed the vehicle breached its loan agreement when the vehicle was totaled.

  • June 22, 2021

    Miami Beach Hotel Loses COVID Insurance Coverage Fight

    The owner of a Miami Beach Hampton Inn can't show that losses during the COVID-19 pandemic were caused by "physical loss or damage" triggering $25 million in coverage, a state judge ruled, granting summary judgment to a group of insurance companies.

  • June 22, 2021

    Firm's COVID-19 Coverage Suit Doomed By Virus Exclusion

    A Missouri federal judge has thrown away a St. Louis law firm's COVID-19 business coverage interruption suit, freeing a Hartford unit from having to pay for Hais Hais and Goldberger PC's pandemic-related losses.

  • June 22, 2021

    Mass. Eateries Take COVID-19 Coverage Fight To 1st Circ.

    A handful of Massachusetts restaurants are pressing the First Circuit to fix what they deemed a Boston federal judge's errors in finding that their insurance policy doesn't cover pandemic-related losses.

  • June 21, 2021

    Aon Taps Latham For $30B Willis Merger Fight With DOJ

    Global insurance broker Aon PLC has hired six Latham & Watkins LLP partners, including former Federal Trade Commission Competition Bureau chief Ian Conner, to fight the U.S. Department of Justice's lawsuit in D.C. federal court seeking to block its planned $30 billion merger with Willis Towers Watson.

Expert Analysis

  • Cos. Must Consider Electric Vehicles' Unique Risk Profile

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    As more electric vehicles take to the road around the world, companies in the EV space must understand how the accompanying reputational risks, liability concerns and insurance needs differ from those that come with gas-powered cars and trucks, say Jason McCarter and Elizabeth Marquardt at Miller & Martin.

  • How New AML Law Will Apply To Life Settlement Industry

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    Nonexempt life settlement entities should expect increased reporting obligations once the Corporate Transparency Act implementing regulations go into effect as the act brings the first application of anti-money laundering laws to the industry, say Brian Casey and Thomas Sherman at Locke Lord.

  • Opinion

    To Reduce Prescription Prices, Hold Middlemen Accountable

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    The Biden administration should implement a last-minute Trump-era rule that would force pharmacy benefit managers to pass rebate savings onto patients, helping to ensure that Medicare beneficiaries can afford their medication, says George Huntley at the Diabetes Patient Advocacy Coalition.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Rebuttal

    Calif. Bill Would End Damages Injustice For Dead Plaintiffs

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    Contrary to the assertions in a recent Law360 guest article, California's S.B. 447 would correct a long-overdue injustice by ending the practice of cutting off litigants' claims for pain and suffering at death, which perversely incentivizes defendants to delay trials until plaintiffs die, say attorneys at Walkup Melodia.

  • Health Cos. Must Prepare For Growing Ransomware Threat

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    Health companies are a prime target for ransomware attacks due to their sensitive data and relative vulnerability, so they will need compliance and resilience to guard against the increasingly varied ways that hackers can attempt to extract funds, say Alaap Shah and Stuart Gerson at Epstein Becker.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • NJ Policyholders Could Still See Recovery For COVID Losses

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    Although New Jersey state and federal courts have decided the majority of dispositive motions in COVID-19 business interruption insurance cases in favor of insurers, policyholders retain a plausible path to recovery depending on the nature of their loss and the precise policy language at issue, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

  • COVID Rulings May Support Ransomware Insurance Denials

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    A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn't qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

  • Cos. Can Expect Tougher Climate Risk Disclosure Mandates

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    Recent developments in Congress and at the U.S. Securities and Exchange Commission that point toward an expansion of corporate climate risk disclosure requirements beyond securities filings are a clear signal to publicly traded companies that they must further integrate climate considerations into strategic planning at all levels, say attorneys at Akin Gump.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Ruling Shows Medicare Confusion Can Lead To Costly Results

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    A recent New Jersey district court ruling shows that workers over 65 may incur steep medical bills if they misunderstand the convoluted and sometimes arbitrary system governing whether Medicare or employee-sponsored health coverage pays first, says Mark DeBofsky at DeBofsky Sherman.

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