Insurance

Expert Analysis

• Opinion

  Beware COVID-Driven Lowball Offers From Insurers

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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?

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.