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

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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

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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

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Is That Recruiting Technology Compliant?

There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm…more

Algorithms, Corporate Counsel, EEOC, Employment Application, Equal Opportunities

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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

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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

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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

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[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

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The Perilous 'Superperil' Ruling In NJ Storm Surge Case

The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that included a definition…more

Flood Insurance, Flooding, Hurricane Sandy, Insurance Litigation, NJ Supreme Court

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Waiving the Right to Appraisal Just Got Easier in Texas

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one represents…more

Appraisal Rights, Breach of Contract, Commercial Insurance Policies, Covenant of Good Faith and Fair Dealing, Delays

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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

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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

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The Argument for Utmost Good Faith in Property Insurance

The term “bad faith” is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the “special relationship” between an insured and an insurer. Breach of this…more

Covenant of Good Faith and Fair Dealing, Marine Insurance, Material Disclosures, Misrepresentation, Property Insurance

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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

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Laminate Flooring and Chinese Drywall: Where Are We Now?

On March 1, 2015, television news magazine “60 Minutes” aired a report concluding that Chinese-manufactured laminate flooring sold by Lumber Liquidators contained and “off-gassed” formaldehyde at levels exceeding health and…more

Air Quality Standards, CARB, Consumer Product Safety Commission (CPSC), Insurance Industry, Insurance Litigation

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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

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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

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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

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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

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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

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What GCs Need to Know About Settling Employment Claims

As we noted in a recent post on another topic, most of the lawyers we know who serve as general counsel are stretched pretty thin. It’s just not possible for them to become expert in all the areas of law they encounter…more

Corporate Counsel, DOL, EEOC, Employee Releases, Employment Contract

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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

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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

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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

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The California Fair Pay Act

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent and…more

Anti-Discrimination Policies, Anti-Pay Secrecy, Anti-Retaliation Provisions, Attorney's Fees, Burden of Proof

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Texas Court Talks Insurance And Actual Cash Value

When an insured suffers a property loss, the insurance policy defines the parameters of recovery. Typically, a property insurance policy’s default valuation provision for a property loss is the actual cash value of the property…more

Cash Value, Commercial Property Owners, Insurance Litigation, Motions in Limine, Property Damage

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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

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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

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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

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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

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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

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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 »

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 »

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

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Insurance Benefit Assignment to Contractors: Not in Texas

In Florida and other states, a post-loss assignment of insurance benefits (or AOB) has become commonplace and a hot-topic issue. The typical scenario is that after suffering a loss, the insured assigns the right to policy…more

Anti-Assignment Clauses, Contractors, Homeowners, Insurance Industry, Public Policy

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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

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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.

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