Insurance

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    Pa. Eatery Wants Virus Insurance Suit Paused For 3rd Circ.

    A Pittsburgh restaurant has asked a Pennsylvania federal court to pause its lawsuit seeking insurance coverage for pandemic-related losses, saying the Third Circuit is now considering a group of consolidated appeals that could resolve most of the case's issues.

  • September 24, 2021

    NJ Court Skeptical Of Contamination Pitch In Virus Suit

    A New Jersey state judge on Friday challenged Highgate Hotels LP's stance that purported contamination from COVID-19 at its properties across the country constituted physical damage and thus warranted coverage from a Liberty Mutual unit and other insurers, noting that the airborne virus has damaged the entire world.

  • September 24, 2021

    NC Theaters, Chicago Eateries Lose COVID-19 Coverage Bids

    An Illinois federal judge has ruled that a North Carolina movie theater chain and a group of Chicago restaurants are not entitled to coverage for their pandemic losses, finding that the businesses did not show that they incurred a direct physical loss that would trigger coverage under their insurance policies.

  • September 24, 2021

    Dubai Developer Revealed As Bidder On Surfside Condo Site

    The opening $120 million offer for the site of fallen Champlain Towers South condominium in Surfside, Florida, came from Dubai, United Arab Emirates-based Damac Properties PJSC, one of the Middle East's largest real estate developers, a court filing revealed Friday.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    Waterfront Property Co.'s Virus Coverage Suit Washed Away

    A New York federal judge on Friday nixed a proposed class action brought against Travelers Indemnity Company of America over pandemic coverage, rejecting an argument from the suing property management company that government shutdown orders subvert its policy's virus exception. 

  • September 24, 2021

    Robinhood Taps Crypto CCO, And Other Top People Moves

    Robinhood Markets Inc. has hired an ex-counsel with Ripple and Blockchain.com as the new chief compliance officer of its cryptocurrency trading unit, while an ex-J.P. Morgan attorney landed at a New York-based private equity firm and Swedbank launched a search to replace its retiring compliance chief. 

  • September 24, 2021

    MVP: Pillsbury's Tamara Bruno

    Pillsbury's Tamara Bruno represented a Northrop Grumman unit in securing more than $100 million in coverage for an underlying securities class action, a leading accomplishment for the institutional policyholder representative, earning her a spot among Law360's 2021 Insurance MVPs.

  • September 24, 2021

    Faegre Drinker Facing DQ Bid In Del. Insurance Row

    Specialty insurance distributor Amwins Group is urging a Delaware federal judge to disqualify Faegre Drinker Biddle & Reath LLP from representing carriers it has sued for alleged breach of contract, saying the law firm may have a potential conflict of interest.

  • September 24, 2021

    Philly Refinery Says Insurers Still Owe Coverage Of Fire Costs

    Former refinery operator PES Holdings has asked a Delaware bankruptcy judge to find its insurance carriers ignored the language of its insurance policy in an attempt to avoid paying the full amount they owed to cover the 2019 fire and explosion that put the operator out of business.

  • September 24, 2021

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

    This past week in London has seen two energy drink giants lock horns, Standard Chartered sued by the state of Wisconsin and IBM take aim at a Swiss software company. Law360 looks at these and other new claims in the U.K. 

  • September 23, 2021

    Ill. High Court Rules Against State Farm In Loss Value Dispute

    Illinois' top court upheld a win Thursday for a proposed class of homeowners accusing State Farm of automatically depreciating labor costs on top of the cost of materials when handling a property damage claim without disclosing the practice to policyholders, saying the policy is ambiguous and must therefore side with the insured.

  • September 23, 2021

    Mich. Doctor Convicted In $100M Injections-For-Pills Scheme

    A Detroit federal jury has convicted a doctor for his involvement in what prosecutors said was a $100 million fraud scheme involving billing for spine surgeries in exchange for opioid prescriptions.

  • September 23, 2021

    Wash. Judge Tosses Fitness Centers' Virus Coverage Suits

    Two Washington-based fitness centers aren't entitled to coverage for their pandemic losses, a federal judge has ruled, saying they failed to show that they sustained the kind of physical loss that would qualify them for coverage under their insurance policies.

  • September 23, 2021

    Judge Cautions About Harming Surfside Site's Value

    A day after a conditional "stalking horse" contract was signed for the site of fallen condominiums in Surfside, Florida, the state court judge overseeing related litigation cautioned Thursday against public statements questioning the property's fate, which he said would only hurt its eventual sale price and victims' recovery.

  • September 23, 2021

    Texas Law Firm Wants Claims Against Insurer Reheard

    Ryan Law Firm LLP says a Texas federal court erred when tossing bad faith claims it brought against an insurer for failing to cover a legal malpractice settlement, telling the court the decision dismissed a claim that wasn't even contested.

  • September 23, 2021

    Rockville Diocese Insurers Can Get Ch. 11 Abuse Claim Info

    A New York bankruptcy judge said insurers that provided historical liability coverage to the Roman Catholic Diocese of Rockville Centre will be able to access information provided by sexual abuse victims, finding that the materials are relevant to upcoming mediation discussions.

  • September 23, 2021

    Cincinnati Scores 7 Virus Coverage Dismissals In Tenn., Pa.

    Cincinnati Insurance Co. won seven dismissals of coronavirus coverage suits in Tennessee and Pennsylvania federal courts, but a Missouri federal judge allowed a Kansas City restaurant and bar owner to head to trial against the insurer on its business income coverage claim.

  • September 23, 2021

    West Virginia Reappoints Former Insurance Commissioner

    West Virginia Gov. Jim Justice reappointed an insurance commissioner who previously held the post for two years starting in 2017, according to a letter issued by the governor's office.

  • September 23, 2021

    Insurer Says No-Show In $66M Crash Trial Negates Coverage

    An insurer has asked a Georgia federal court to declare that it doesn't have to cover a $66.5 million verdict entered against a former U.S. Army soldier after a fatal drunken driving wreck because he didn't show up for the trial.

  • September 23, 2021

    MVP: Steptoe & Johnson's Sarah Gordon

    Sarah Gordon of Steptoe & Johnson LLP is shepherding The Hartford through hundreds of COVID-19 business interruption suits filed by policyholders across the country, and has nailed down about 75 favorable decisions for the insurer so far, earning her a spot as one of Law360's 2021 Insurance MVPs.  

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

  • September 23, 2021

    Kelley Kronenberg Adds Atty To Expanding Insurance Practice

    Florida-based law firm Kelley Kronenberg continued its insurance defense litigation practice expansion Tuesday by adding a new partner in Miami.

  • September 22, 2021

    Chubb Slams Sweep Of Opioid Defense Order For Rite Aid

    A lower court ruling that Chubb must defend Rite Aid Corp. against Ohio county efforts to recover damages for their responses to the opioid epidemic is "at odds with the law and even at war with itself," an attorney for the insurer told Delaware's Supreme Court on Wednesday.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Benefits Ruling Raises Jury Trial Question For ERISA Cases

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    An Ohio federal court's recent ruling in Phillips v. Sun Life Assurance has reopened the debate over the utility of jury trials in Employee Retirement Income Security Act benefit denial cases, highlighting how the law’s silence on the issue leads courts to make up rules that lack statutory support, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Policyholder Outlook Following UK Biz Interruption Test Case

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    In the nine months since the U.K. Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, say Peter Sharp and Paul Mesquitta at Morgan Lewis.

  • 5 Buyers' Counsel Tips For R&W Insurance Underwriting Calls

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    With representations and warranties insurance becoming more popular than ever, buyers' counsel participating in underwriting calls for such insurance should follow certain best practices to secure contracts with minimal exclusions, say Bryan O'Keefe and Gena Usenheimer at Seyfarth.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Lessons From 3rd Circ. COVID Biz Interruption Ruling

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    The Third Circuit's recent DiAnoia's v. Motorists Mutual Insurance decision, directing district courts to reevaluate their remand of three pandemic-related business interruption cases to state courts, holds a lesson that determining Declaratory Judgment Act jurisdiction requires a rigorous analysis of all factors, says Regen O'Malley at Gordon Rees.

  • When A Denial Of Recovery-Based Insurance Claim Is Invalid

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    Two recent court decisions show that policyholders should not accept denials of coverage based on the uninsurability of restitution or disgorgement-based losses without a detailed, two-part analysis of the specific state's law and the particular facts of the loss, say Stephen Raptis and Emily Buchanan at Haynes and Boone.

  • What 5th Circ. Ruling Means For Insurers' Post-Award Liability

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    The Fifth Circuit's recent decision in Randel v. Travelers, holding that an insurer's timely preappraisal payment did not extinguish its liability to its insured, highlights the importance of thoroughness and accuracy in initial loss inspections, says ​​​​​​​Karl Schulz at Cozen O'Connor.

  • Bankruptcy Eligibility Is Expanding For Small Biz Debtors

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    A Florida bankruptcy court's recent decision in Vertical Mac Construction expands the scope of "just enough" commercial or business activity for Subchapter V eligibility, and potential debtors should consider this evolving boundary, says Nicholas Koffroth at Fox Rothschild.

  • Imposing Insurance Surcharges On Unvaccinated Workers

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    Employers that are not covered by President Joe Biden’s new COVID-19 action plan or that want to further encourage vaccination may consider imposing a health insurance premium surcharge on unvaccinated workers, but compliance with myriad federal, state and local laws must be addressed before raising rates, say attorneys at Reed Smith.

  • Series

    Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

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