Zelle LLP

Competing Claims Challenges And The Right To Recover

Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you…more

Beneficiaries, Interpleaders, Policy Limits, Subsidiaries, Third-Party

See All Updates »

Reservations of Rights Around the World

Upon notification of a loss, and in order to avoid waiving its rights to rely on a defense to a claim for indemnity under the policy, the insurer may issue a reservation of rights. In the context of liability insurance, an ROR…more

Duty to Defend, Jurisdiction, Liability Insurance, Reservation of Rights

See All Updates »

And Another Texas Court Realizes What The Hail Is Going On?

Another Texas court -- this time in the Valley -- has realized What The Hail Is Going On? Nino vs. State Farm Lloyds is identical to thousands of hail damage lawsuits presently pending in the Valley. Most of these…more

Claims Adjusters, Federal Rules of Civil Procedure, Insurance Investigations, Property Damage, Property Insurance

See All Updates »

HR Tech and the Law: An Update

Over the past two years, we at the Navigator have been fascinated with all the new technology showing up in the workplace. We’ve repeatedly cautioned employers about the risks of adopting technology before understanding and…more

Analytics, Big Data, EEOC, Employee Monitoring, Employment Discrimination

See All Updates »

The Uncertainty of Remand in Texas

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant to…more

Diversity Jurisdiction, Frivolous Lawsuits, Improper Joinder, Pleading Standards, Property Damage

See All Updates »

Will Insurers Respond To The Texas Floods?

May 2015 was a month of record rain for Texas. Meteorologists reported that in May alone, 37.3 trillion gallons of water fell in Texas — enough to cover the entire state with 8 inches of water. The nonstop barrage has caused…more

Business Interruption, Flood Insurance, Flooding, Policy Exclusions, Property Damage

See All Updates »

Competitors Push Back With False Advertising Laws

In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state…more

Attorney's Fees, Burden-Shifting, Competition, Deceptive Intent, Disgorgement

See All Updates »

[Webinar] Personally Identifiable Information: Employer Risks & Responsibilities - July 16, 12:00pm CDT

Please join us from Noon-1:00 p.m. CDT on Thursday, July 16 for an informative and timely webinar where we will address these questions: Did you know that hackers often use your employees to get into your company's…more

Cyber Insurance, Cybersecurity, Data Breach, Data Protection, Employer Liability Issues

See All Updates »

Reservations of Rights Around the World

Upon notification of a loss, and in order to avoid waiving its rights to rely on a defense to a claim for indemnity under the policy, the insurer may issue a reservation of rights. In the context of liability insurance, an ROR…more

Duty to Defend, Jurisdiction, Liability Insurance, Reservation of Rights

See All Updates »

The Attack on Attorney-Client Privilege in Insurance Cases

Policyholder lawyers are a creative group. One of the more recent manifestations of this creativity is the attempt to attack the attorney-client privilege in the context of insurance coverage disputes. While these attacks…more

Attorney-Client Privilege, Bad Faith, Discovery, Insurance Industry, Insurance Litigation

See All Updates »

The Latest on Late Notice in Texas Property Insurance

Texas hail season is in full swing and the courts are giving insureds (and their prospective attorneys) a lot to think about when it comes to turning in those claims. The eagerly awaited decision by the Fifth Circuit in Hamilton…more

Deductibles, Insurance Litigation, Notice Requirements, Policy Exclusions, Property Insurance

See All Updates »

Why Growth In Nanotechnology Matters To Insurers

Nanotechnology, an all-encompassing term for nanoscale science, engineering and technology, is the understanding and control of matter at dimensions of roughly 1 to 100 nanometers. One nanometer is one-billionth of 1 meter. The…more

DOL, Hazardous Substances, Insurance Industry, Nanotechnology, OSHA

See All Updates »

Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies. The…more

Business Interruption, Catastrophic Events, China, Commercial Insurance Policies, Exports

See All Updates »

Cyber Risks and Insurance in the Marine Industry

The first wireless radio equipment was used aboard Lightship 70 in 1899. Over the next 115 years, the use of technology in the maritime domain has driven rapid change in the United States Coast Guard’s operating environment —…more

Coast Guard, Cyber Insurance, Cyber Threats, Cybersecurity, Maritime Transport

See All Updates »

Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies. The…more

Business Interruption, Catastrophic Events, China, Commercial Insurance Policies, Exports

See All Updates »

Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where the…more

Ambiguous, Bargaining Power, Contract Drafting, Contract Interpretation, Contract of Adhesion

See All Updates »

What Constitutes ‘Physical Loss’ for Property Insurance?

In determining whether a property insurance policy responds to a loss, the fundamental, threshold question to be answered is whether or not the policyholder sustained “physical loss or damage” to insured property. In the absence…more

FDA, Loss Coverage, Policy Exclusions, Property Damage, Property Insurance

See All Updates »

Attys Should Object to Boilerplate Discovery Objections

“Vague, ambiguous, overly broad, unduly burdensome and/or irrelevant.” All lawyers are certainly familiar with this “laundry list” of common discovery objections. However, the Federal Rules of Civil Procedure prohibit these…more

Denial of Insurance Coverage, Discovery, Federal Rules of Civil Procedure, Insurance Litigation, Supplemental Evidence

See All Updates »

Graber v. State Farm is a Texas Prompt Payment Outlier

For more than a decade, courts applying Texas law — including the Fifth Circuit, two federal district courts and several Texas courts of appeal — have uniformly held that an insurer’s full and timely payment of an appraisal…more

Appraisal Awards, Breach of Contract, Breach of Duty, Covenant of Good Faith and Fair Dealing, Insurance Industry

See All Updates »

A Primer on Insurance Dispute Resolution in China

We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance…more

Application of Foreign Laws, Arbitration, Arbitration Awards, China, CIETAC

See All Updates »

Symptoms of the Texas Progressive Claim Syndrome

Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a…more

Commercial Insurance Policies, First-Party Coverage, Insurance Industry, Insurance Litigation, Insureds

See All Updates »

Weathering Winter Storm Juno With Roof Collapse Coverage

For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in some…more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Multiple Occurences, Property Damage

See All Updates »

Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery of…more

Confidential Communications, Discovery, Insurance Industry, Reinsurance

See All Updates »

More Mythbusting

Here at the Navigator, we were very pleased by the positive reaction to last month’s post about employment law myths that can get employers in trouble, and we’re glad it was helpful. Although the inaccurate beliefs described…more

Affirmative Action, Collective Bargaining, Disability Discrimination, DOL, EEO

See All Updates »

Texas Legislature Reins in Public Adjuster Conduct

Obvious to anyone in the insurance industry, Texas courts are experiencing an explosion of first-party property insurance lawsuits arising from wind and hail related insurance claims. Dozens of lawsuits are filed every day in…more

Claims Adjusters, Client Referrals, Conflicts of Interest, Contingency Fees, Contractors

See All Updates »

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a…more

Aluminum Sales, Anti-Competitive, Antitrust Injuries, Antitrust Litigation, Antitrust Standing

See All Updates »

5th Circ. Brings Consistency to Improper-Joinder Analysis

Weather events in recent years have led to a surge of lawsuits seeking coverage for property damage. Often, in an effort to defeat diversity jurisdiction, a Texas resident will sue both a foreign insurance company and a fellow…more

Improper Joinder, Insurance Litigation, Jurisdiction, Pleading Standards, Property Damage

See All Updates »

2 Years After Comcast, Little Has Changed

The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification “game-changer” that raised the bar for plaintiffs seeking class certification in competition and other class cases —…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Federal Rules of Civil Procedure

See All Updates »

The Paris Agreement and Business Interruption Coverage

“In this world, nothing can be said to be certain, except death and taxes." — Benjamin Franklin On Dec. 12, 2015, in LeBourget, France, world leaders announced an agreement on a climate change accord which they touted as a…more

Business Interruption, Climate Change, Global Economy, Insurance Industry, Paris Agreement

See All Updates »

Governor Brown Ups the Ante on California Minimum Wage

California Governor Jerry Brown announced on Monday that he had reached a deal with lawmakers to raise the state minimum wage to $15 per hour by 2022, calling it a “matter of economic justice.” The proposal must win…more

Jerry Brown, Minimum Wage, New Legislation, Wage and Hour

See All Updates »

Will Texas Stay Moderate When it Comes to e-Discovery?

With the onslaught of nonstop news concerning the forthcoming presidential election, and the extreme positions the various camps frequently take, moderation and reasonableness, especially in Texas, seems to be on the wane. And…more

Discovery, Electronically Stored Information, Insurance Litigation, Spoliation

See All Updates »

Avoiding Gamesmanship in Appointing Appraisal Umpires

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered an…more

Appraisal, Appraisal Clauses, Insurance Claims, Property Insurance, Subject Matter Jurisdiction

See All Updates »

Incentive Award Guidance From Recent Class Actions

Class representatives play a vital role in competition and other class actions. They participate in the litigation process as an individual plaintiff would — devoting their time and resources to the case, and undertaking…more

Class Action, Class Representatives, Incentive Awards, Risk Management, Settlement

See All Updates »

Loss In English-Spanish Translation Can Cost Insurers

Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers…more

Insurance Industry, Latin America, Reinsurance

See All Updates »

Important Decision Impacting Waiver of Attorney-Client Privilege

In a recent opinion issued in the matter of Certain Underwriters at Lloyd's London v. Nat'l R.R. Passenger Corp., No. 14-CV-04717 FB CLP (E.D.N.Y. Feb. 19, 2016), the Eastern District of New York held that communications from…more

Attorney-Client Privilege, Brokers, Corporate Privilege, Insurance Litigation, International Litigation

See All Updates »

Competing Claims Challenges And The Right To Recover

Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you…more

Beneficiaries, Interpleaders, Policy Limits, Subsidiaries, Third-Party

See All Updates »

Legal v. Illegal Drugs in Event Cancellation Policies

The abuse of illegal drugs continues to claim its victims in the entertainment industry, as the death of Academy Award winner Philip Seymour Hoffman shows. The 46-year old actor suddenly passed away on Feb. 2, 2014, due to…more

Breach of Contract, Contract Drafting, Contract Interpretation, Covenant of Good Faith and Fair Dealing, Drug & Alcohol Abuse

See All Updates »

Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where the…more

Ambiguous, Bargaining Power, Contract Drafting, Contract Interpretation, Contract of Adhesion

See All Updates »

Reservations of Rights Around the World

Upon notification of a loss, and in order to avoid waiving its rights to rely on a defense to a claim for indemnity under the policy, the insurer may issue a reservation of rights. In the context of liability insurance, an ROR…more

Duty to Defend, Jurisdiction, Liability Insurance, Reservation of Rights

See All Updates »

The Ethics of Using Public Adjusters as Expert Witnesses

Somewhere in Texas at this very moment a public adjuster is knocking on the door of a home or business owner offering to inspect the roof for wind or hail damage and assist with the submission of an insurance claim. It is…more

Attorney Malpractice, Contingency Fees, Expert Witness, Insurance Litigation, Legal Ethics

See All Updates »

Natural Disasters in Latin America: Reinsurance Issues

According to initial reports, Hurricane Patricia didn't end up causing nearly the damage that the world’s most powerful hurricane could have caused. It is a good reminder, however, for reinsurers of how sudden and unpredictable…more

Claim Procedures, Insurance Adjusters, Latin America, Natural Disasters, Reinsurance

See All Updates »

A Worrying Insurance Trend: Litigation, No Cooperation

An alarming trend is emerging in the first-party insurance claims process. This new approach attempts to dispose of the traditional claims process in favor of an abbreviated process (if any) followed immediately by litigation…more

Duty to Defend, Duty To Notify, Insurance Claims, Insurance Litigation

See All Updates »

Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug…more

FTC v Actavis, Generic Drugs, Hatch-Waxman, Patent Infringement, Pay-For-Delay

See All Updates »

Texas Hail Claims: Dealing With Multiple Disasters at Once

As reported in the national news, North Texas recently experienced multiple significant hail storms. This article will address some of the issues associated with insurance claims arising from multiple hail events over a short…more

Deductibles, Insurance Claims, Insurance Industry, Property Damage

See All Updates »

Finding Peace When Settling U.S. and EU Price-Fixing Claims

The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing…more

Antitrust Litigation, Cartels, Class Action, Cross-Border Transactions, EU

See All Updates »

Contact

500 Washington Avenue South
Suite 4000
Minneapolis, MN 55415, United States

  • 612-339-2020
  • 612-336-9100

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Real Estate
  • Securities Law
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • Minnesota
  • New York
  • Pennsylvania
  • Texas
Other Countries
  • China
  • United Kingdom
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×