Insurance

  • April 09, 2020

    Oxy Hit With $1.7M Suit Over Intersected Texas Well

    Occidental Petroleum Corp. negligently drilled through a competing operator's well, causing it to go out of control and sticking the competitor with a $1.7 million bill to repair the damage, according to a new suit filed in Texas state court.

  • April 09, 2020

    Fla. Cos. Deny Role In $150M Health Insurance Fraud

    Health Insurance Innovations urged a Florida federal judge Thursday to toss a proposed class action from two consumers accusing it of participating in a $150 million fraud scheme, saying it merely provided third-party administrative services to a company they claim duped them into buying inadequate health insurance.

  • April 09, 2020

    Insurer Wants Out Of Covering Hurricane Harvey Suit Defense

    An insurer asked a Texas federal court on Thursday to declare that it no longer has to defend an industrial company facing accusations that it discharged debris into Houston-area waterways and made Hurricane Harvey-related flooding worse.

  • April 09, 2020

    Insurers Shouldn't Have To Pay For Medical Pot, Court Told

    An insurance industry trade group told the Massachusetts Supreme Court on Thursday that insurers should not be compelled to reimburse injured workers for their use of medical marijuana, saying that would force a violation of federal law.

  • April 09, 2020

    Calif. Insurer Fights $21M Jury Verdict, $6M Fee Award

    Cypress Insurance Co. asked a Georgia federal court Wednesday to hold rare oral arguments on post-trial motions regarding a $21 million award for the family of a pedestrian run over by a trucker, saying a $6 million special verdict for legal fees should be argued orally because it “equates to paying counsel at a rate of $5,500 an hour.”

  • April 09, 2020

    Fla. Enacts Pared-Down Tax Cut Bill Over COVID-19 Fears

    Florida's governor has signed a bill that includes sales tax holidays, insurance premium tax cuts and changes to corporate tax refunds but omits proposed cuts for telecommunications and commercial rent taxes out of fears COVID-19 will slow the state’s economy.

  • April 09, 2020

    SC Utility Ends $7M Insurance Dispute Over Pipeline Repairs

    A South Carolina utility has agreed to drop its $7 million claim against a pipeline contractor and insurer over damage that occurred during the drilling and installation of a polyvinyl chloride pipeline under the Kiawah River, the parties told a federal court Thursday.

  • April 09, 2020

    2nd Circ. Asks NY High Court To Clarify Bias Coverage Rules

    The Second Circuit on Thursday asked New York's highest court to decide whether Philadelphia Indemnity Insurance Co. must cover a Brooklyn mental health center's costs to defeat a suit alleging it refused to serve a deaf woman.

  • April 09, 2020

    DC Eatery Seeks Loss Of Business Coverage Amid COVID-19

    A restaurant in Washington, D.C., hit Seneca Insurance Co. Inc. with a suit alleging it wrongfully denied coverage for loss of business after a local order prohibited the restaurant from seating customers during the COVID-19 pandemic.

  • April 09, 2020

    Coronavirus Litigation: The Week In Review

    States are facing lawsuits amid a push for remote voting in upcoming elections, United Airlines has been sued over refunds for canceled flights, and Walmart was hit with wrongful death claims from the family of a worker fatally infected by the novel coronavirus.

  • April 09, 2020

    Troutman Sanders Fights For Partial Fee Award In FCA Suit

    Troutman Sanders LLP is hitting back against HealthSouth Corp.'s attempt to ax $200,000 in fees the firm was awarded for work it did before it was disqualified from representing a whistleblower in a suit alleging HealthSouth falsified patient records, arguing that the award was appropriate.

  • April 09, 2020

    Law360's 2020 Insurance Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2020 Insurance Editorial Advisory Board.

  • April 09, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a major Portuguese bank join the queue of lenders suing Mozambique in the wake of a $2 billion fraud scandal, Russia's sovereign wealth fund target another news outlet over coverage, and BP add to the legal woes for its rival Glencore. Here, Law360 looks at those and other new claims in the U.K.

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    9th Circ. Revives Builder's Bid For Coverage Of Benefit Claims

    The Ninth Circuit on Wednesday revived Erickson-Hall Construction Co.'s lawsuit seeking to put two insurers on the hook for its costs to defend and settle claims that it negligently failed to pay premiums on its employee life and disability benefits plans and let the plans lapse.

  • April 08, 2020

    NJ Court Affirms Broker's $12M Loss Over Coverage Advice

    A New Jersey appeals court has affirmed a large grocery store cooperative’s $12 million win against an insurance broker over coverage advice that allegedly left its stores exposed to tens of millions of dollars in Superstorm Sandy damage, saying Wednesday there was no error in a lower court’s rulings.

  • April 08, 2020

    Crowded Docket Didn't Justify Forum Shift, 7th Circ. Hears

    An Indiana federal court abused its discretion when it sent a proposed wage and hour class action back to California to reduce its docket congestion without giving weight to the forum selection clause in the workers’ employment agreements, an insurance adjusting company told the Seventh Circuit during oral argument Wednesday.

  • April 08, 2020

    5th Circ. Says Emerson Not Liable For $8M Turbine Damage

    An Emerson Electric Co. unit was required to fix faulty software but doesn't have to pay $8 million to cover the damage that software caused to a Texas utility's turbine, the Fifth Circuit said Wednesday in a published opinion.

  • April 08, 2020

    Allstate Sues QVC Over House Fire Caused By Insect Trap

    Allstate Property and Casualty Insurance Co. hit retail channel QVC and the makers of an insect trap with a suit in Pennsylvania federal court Wednesday, alleging the product was defective and started a fire that caused more than $427,000 in damage to a policyholder's home.

  • April 08, 2020

    Okla. Wants To Enforce PBM Law Amid COVID-19 Crisis

    The Oklahoma Insurance Department has told a federal judge that it plans to withdraw from an agreement that tabled the enforcement of a state law regulating pharmacy benefit managers during a legal challenge, saying the coronavirus pandemic changed the situation.

  • April 08, 2020

    Challengers To Trump's Uninsured Immigrant Ban Win Cert.

    An Oregon federal judge granted class certification Tuesday to U.S. citizens and foreign nationals suing President Donald Trump over his proclamation requiring green card applicants abroad to prove they can afford health insurance, saying there is a credible threat that the proclamation will harm the plaintiffs.

  • April 08, 2020

    Dentist Sues Cincinnati Insurance Over Pandemic Coverage

    A dental clinic is urging an Illinois federal court to declare that Cincinnati Insurance Co. owes it coverage over the loss of business due to the COVID-19 epidemic, saying the insurer is more interested in shielding itself from economic fallout than in living up to its policies.

  • April 07, 2020

    AmeriHealth Workers' $4.3M FLSA Overtime Deal Gets OK'd

    More than 300 clinical care review workers for AmeriHealth Caritas Services LLC secured approval from a federal judge Tuesday to finalize their $4.25 million settlement resolving a collective action alleging they were denied overtime wages after being improperly classified as overtime-exempt. 

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    Irish Watchdog Warns Of Ad Giants Culling Health Sites' Data

    Visitors to Irish health care websites may inadvertently be sharing details of their illnesses and other sensitive information with online advertising juggernauts Google and Facebook, a new report from Ireland's Data Protection Commission has found.

Expert Analysis

  • Opinion

    Beware COVID-Driven Lowball Offers From Insurers

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    Some insurers are unethically offering low settlement figures to policyholders who are in dire need of immediate financial assistance, and plaintiff attorneys have an obligation to ensure that their clients receive a fair payout, says Mike Arias at Arias Sanguinetti.

  • CARES Act May Propel Gig Economy Employment Law Shift

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    The Coronavirus Aid, Relief, and Economic Security Act’s extension of unemployment benefits to independent contractors could provide insight into how gig economy employment law standards might evolve, but some proposed changes may do more harm than good, says Kevin Vozzo at Epstein Becker.

  • Reinsurers Must Prepare For Coronavirus-Related Claims

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    Given the tremendous volume of insurance claims expected as a result of COVID-19 and the possibility that these claims will lead to reinsurance cessions, reinsurers should promptly review their assumed portfolios to determine their potential exposure, say Scott Seaman and Edward Lenci at Hinshaw & Culbertson.

  • Closing A Commercial Mortgage During A Pandemic

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    Commercial real estate loans should generally not be closed while recording offices are shuttered due to COVID-19, but exceptions may be cautiously considered if the mortgage and other documents can be electronically recorded, say attorneys at Cassin & Cassin.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Rebuttal

    Coronavirus Is A Direct Physical Loss Triggering Event

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    A recent Law360 guest article argued that COVID-19 losses will not be covered by business interruption insurance, but policyholders can make a formidable argument, backed by multijurisdictional case law, that COVID-19 constitutes physical loss or damage sufficient to trigger coverage, says Gary Thompson at Thompson HD.

  • SEC's New Variable Contract Disclosures Promote Readability

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    The U.S. Securities and Exchange Commission's recent updates to variable annuity and variable life insurance contract disclosures — which introduce a new summary prospectus — should improve investors' understanding of their investments' features, fees and risks, say Ronald Holinsky at Lincoln Financial Group and Robert Robertson at Dechert.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • Novolex Case Brings Lessons On R&W Insurance

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    A New York state court dispute between Novolex and a few of its insurers concerning coverage under a representations and warranties policy for a $267 million loss offers a rare glimpse into how a court might interpret acquisition agreements and insurance policy provisions, say attorneys at Hunton.

  • Employer Work Sharing Perks Amid Pandemic Uncertainty

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    During the coronavirus pandemic, obtaining approval for a work sharing plan can broaden an employer’s long-term options, provide immediate cost savings, curb liability exposure, support employee well-being, and free up time for considering next steps, say attorneys at Blank Rome.

  • Insurers Working Remotely Should Beware Bad Faith Setups

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    Because the current shift to remote work during the coronavirus pandemic may lead to an uptick in bad faith time-limited settlement demands, insurance carriers must remain diligent about reviewing and responding to mail promptly, says Michael Longo at Goldberg Segalla.

  • What Employers Need To Know About Furloughs

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    Employer considerations for implementing furloughs should include wage and hour challenges, paid time off questions, and federal and state notice requirements, says Jonathan Wetchler at Duane Morris.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Prepare For Personal Injury Litigation In The Age Of COVID-19

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    As COVID-19 becomes a factor in personal injury cases — for example, where a plaintiff contracts the disease in a hospital while being treated for an injury — attorneys must understand the diagnosis, spread and treatment of the disease, and its interplay with other medical conditions, says Anne Marie Ellis at Buchalter.

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