Insurance

  • July 30, 2021

    Ross Keeps Billion-Dollar COVID Loss Suit Against Insurers

    A California state judge has given Ross Stores Inc. the green light to pursue its COVID-19 business interruption claims against Zurich, AIG and other insurers, rejecting the carriers' dismissal motions and saying a contamination exclusion may not bar virus losses.

  • July 30, 2021

    Pa. Health Network Says Virus Losses Covered By Policy

    American Guarantee and Liability Insurance Co. has not provided a reasonable explanation for why it refused a Pennsylvania-based health network's claims for COVID-19-related losses under its $1 billion insurance policy, Allegheny Health Network has alleged in a lawsuit.

  • July 30, 2021

    Trade Group Joins COVID Coverage Fray At Ohio High Court

    A policyholder trade group has backed an Ohio audiology practice in a COVID-19 coverage suit before the state's Supreme Court, arguing the practice's inability to use its property due to an unsafe physical condition outside its control "is the exact type" of physical loss and damage that its policy covers.

  • July 30, 2021

    Anthem Sued Over Alleged Refusal To Cover Spinal Device

    A patient has argued in a proposed class action in California federal court that Anthem Inc. abandoned its duties under ERISA by refusing to cover a device that treats degenerative spinal conditions.

  • July 30, 2021

    Zurich, Gerdau End Fight Over Bridge Collapse Defense Costs

    Just days before trial was set to begin over litigation costs related to the 2018 Miami pedestrian bridge collapse, Zurich American Insurance Co. and Gerdau Ameristeel US Inc. have agreed to end their coverage dispute, according to a filing in Florida federal court.

  • July 30, 2021

    Arthur J. Gallagher Co. Hit With Suit Over Data Breach

    Insurance broker Arthur J. Gallagher Co. allegedly failed to protect thousands of customers' personally identifiable information, leaving those individuals exposed during a data breach last year, a proposed class of customers claims in Illinois federal court.

  • July 30, 2021

    Feds Join Medicare Advantage FCA Suits Against Health Giant

    The federal government said on Friday that it has officially joined in on a half-dozen lawsuits claiming various Kaiser Permanente entities defrauded Medicare Advantage by exaggerating patient illnesses.

  • July 30, 2021

    London Insurer Hits Tanning Co. With COVID-19 Coverage Suit

    A spa and beauty company can't recover for lost revenue from shutting down under COVID-19 closure orders, a London insurance syndicate said in a California federal suit, as there wasn't any physical damage and the policy excludes coverage for seizure of illegal property.

  • July 30, 2021

    Calif. Report Mulls Novel Insurance For Climate Change Fight

    California's residents are struggling with higher insurance costs due to wildfires and rising temperatures, but some experts see hope in recommendations to the state insurance department for a first-of-its-kind climate insurance that could potentially encourage measures to curb the effects of a warming planet.

  • July 30, 2021

    Texas Pharmacist's FCA Suit Against Walgreens Thrown Out

    A Texas federal judge has dismissed a pharmacist's False Claims Act suit against Walgreens alleging the company submitted claims to Medicaid and Medicare for medications that were never prescribed, holding she failed to show the actions were fraud "rather than innocent mistake, negligence or regulatory violation."

  • July 30, 2021

    NJ Apparel Store's COVID Suit Doomed By Virus Exclusion

    West American Insurance Co. does not owe a New Jersey sports apparel store for financial losses it incurred when it was forced to close because of the COVID-19 pandemic, a New Jersey federal judge has ruled, citing the policy's virus exclusion.

  • July 30, 2021

    Frozen Yogurt Co. Accuses Insurance Broker Of Deception

    An Arkansas operator of Menchie's Frozen Yogurt stores has sued its insurance broker, alleging the broker failed to include the company's warehouse in the policies and caused it significant damage after its product spoiled in the warehouse.

  • July 30, 2021

    UnitedHealth Rule Rewrite Evinces Shift In Mental Health Care

    A UnitedHealth Group unit is almost two years into a court-ordered process of altering how it approaches mental health and substance abuse care, and attorneys say it likely won't be the only insurer facing a reckoning amid a national sea change on support for such treatment.

  • July 30, 2021

    BCBS Patient Seeks Pretrial Win On Cancer Coverage Suit

    A Texas man is seeking a pretrial win in a suit alleging Blue Cross Blue Shield of North Carolina improperly classifies an effective, common and well-regarded cancer treatment as experimental, saying the company can't defend its argument that proton beam radiation therapy isn't medically necessary for prostate cancer patients.

  • July 30, 2021

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

    This past week in London has seen Cantor Fitzgerald & Co. sue an Indian bank, eight insurers go after British construction giant John Wood, and Visa and MasterCard face new competition claims. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 29, 2021

    6th Circ. Judge Suggests Hospital Row Shouldn't Be In Courts

    A Sixth Circuit judge suggested Thursday that a lower court shouldn't have bothered issuing a preliminary injunction barring ProMedica Health System Inc. from terminating insurance contracts with rival St. Luke's Hospital in Ohio and the hospital's physicians group.

  • July 29, 2021

    Fireman's Fund Checks Out Of Hotelier's Virus Coverage Suit

    An Indiana federal judge has ruled in favor of Fireman's Fund Insurance Co. in a COVID-19 insurance dispute, finding that the hotel owner behind the suit is not entitled to coverage under its policy because the insured property did not suffer a direct physical loss or damage from the coronavirus.

  • July 29, 2021

    Regeneron Investor Sues Execs, Alleging Kickback Scheme

    Regeneron leadership was hit with a derivative shareholder suit over claims the company's former and current executives and board members reaped over $650 million in sales of stock whose value was inflated by a purported kickback scheme tied to a vision-loss drug. 

  • July 29, 2021

    Insurer Says Ill. Produce Store's Policy Blocks BIPA Coverage

    Philadelphia Indemnity Insurance Co. filed suit Thursday asking a federal judge to declare it has no duty to defend two Illinois produce markets against underlying claims that their time-tracking practices violated a former employee's biometric privacy rights.

  • July 29, 2021

    Judge Throws Out Dental Clinics' COVID Suit Against Insurer

    A federal judge shut down a COVID-19 lawsuit brought by the operators of nearly 50 dental clinics in Arkansas and Missouri, ruling the Cincinnati Insurance Co. policy clearly stated there must be direct physical loss or damage for coverage to apply.

  • July 29, 2021

    Calif. High Court Will Take Up Doctor Group's Aetna Fight

    California's top court will decide whether the California Medical Association has standing to sue Aetna over threats the insurer allegedly made to doctors who referred their patients to out-of-network peers.

  • July 29, 2021

    2nd Circ. Sides With Reinsurers In Asbestos Coverage Suits

    The Second Circuit on Thursday dashed Utica Mutual Insurance Co.'s efforts in two separate cases to obtain additional reimbursement for its coverage of a wave of asbestos litigation against a pump manufacturer, saying Utica's reinsurers were only required to cover defense costs within umbrella policy limits.

  • July 29, 2021

    Insurer Asks 2nd Circ. To Chop Martial Arts Studio's Virus Suit

    Philadelphia Indemnity Insurance Co. urged the Second Circuit on Wednesday not to revive a New York martial arts studio's COVID-19 lawsuit for business losses that was tossed by a lower court in April.

  • July 29, 2021

    Insurer Can't Escape Hotel Owner's $20M Burst Pipe Suit

    A Louisiana federal judge rejected United National Insurance Co.'s bid to toss a Wyndham Garden hotel owner's suit seeking $20 million, saying the insurer failed to prove that the policyholder does not have the standing to bring claims.

  • July 29, 2021

    Boy Scouts' Ch. 11 Settlement Clouded By Claimant Atty Issue

    The Boy Scouts of America told a Delaware bankruptcy judge Thursday that 70,000 sex abuse survivors have signed on to an $850 million deal to restructure the organization, but disputes among three law firms representing a quarter of those claimants could imperil the proposal.

Expert Analysis

  • Where Insurance Coverage For Condo Collapse Gets Murky

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    Property and casualty coverage for the Champlain Towers tragedy may be complicated, since different versions of collapse coverage are found in different policies, both for the individual condo owners and the condominium association, say Glenn Jacobson and Mark Binsky at Abrams Gorelick.

  • Rebuttal

    Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Surprises May Lurk As 'No Surprises Act' Meets State Law

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    The No Surprises Act, which takes effect in January, introduces federal requirements to protect consumers from surprise medical bills, but also defers to certain state laws, which will present significant operational challenges for providers and payors determining whether the federal law, state law or both will apply to a course of treatment, say Alexandra Lucas and Christian Martin at Reed Smith.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

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