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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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

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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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Argentina’s New Leadership and How it Affects Insurance

Following last year’s elections, the political and economic landscape is changing in Argentina. Where new economic opportunities arise, (re)insurance follows. Along with new demand for commercial insurance products, the legal…more

Argentina, Commercial Insurance Policies, Compensatory Awards, Economic Development, Foreign Currency

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Employment-Related Election Results

On Election Day, November 8, employment-related initiatives were voted on and passed by voters in a number of states. Minimum Wage - Voters in Arizona, Colorado, Maine, and Washington approved ballot measures to…more

Ballot Measures, Decriminalization of Marijuana, Marijuana, Minimum Wage, Paid Leave

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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

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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

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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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Argentina’s New Leadership and How it Affects Insurance

Following last year’s elections, the political and economic landscape is changing in Argentina. Where new economic opportunities arise, (re)insurance follows. Along with new demand for commercial insurance products, the legal…more

Argentina, Commercial Insurance Policies, Compensatory Awards, Economic Development, Foreign Currency

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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

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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

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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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How Late is Too Late to Amend Insurance Appraisals?

Appraisal clauses have appeared in most first-party property policies for well over 100 years. However, it is only in the last 15 years or so that appraisal has received such enormous attention in Texas. Before 2002, appraisal…more

Appraisal, Federal Rules of Civil Procedure, Insurance Industry

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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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Texas Says ‘No Way’ to One Way’s Hail Damage Claim

In a recent opinion, U.S. District Judge Sidney Fitzwater delivered the final blow to One Way Investments Inc. in its hail damage lawsuit against property insurer Century Surety Company — granting summary judgment in favor of…more

Insurance Industry, Insurance Litigation, Property Damage, Property Insurance, Severe Weather

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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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Product Contamination: Strong Underwriting is Key

In 2011, the Food Safety Modernization Act, regarded by many as a major reform of the food safety provisions of the Federal Food, Drug and Cosmetic Act, significantly expanded the powers of the U.S. Food and Drug Administration,…more

FDA, Food Contamination, Food Manufacturers, Food Safety, FSMA

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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

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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

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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

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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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Who’s to Blame When No One is Manning the Ship?

Like it or not, technology is creeping into virtually every aspect of our daily lives. In fact, some people are so psychologically attached to their smartphones, that cellphone addiction has been given a clinical name,…more

Commercial Use, Cyber Attacks, Cybersecurity, Maritime Transport, Vessels

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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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Demand Letters in Perspective

When employees think they’ve been mistreated and seek the advice of a lawyer, the result is often a demand letter sent by the employee’s lawyer to the employer. The employee (or ex-employee) may claim to have been discriminated…more

Demand Letter, Retaliation

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How Gov’t Shutdowns Impact Event Cancellation Policies

Prior to the 2016 presidential election, several commentators opined that opposing political parties would control the office of the president and Congress’s two chambers — the Senate and the House of Representatives. In fact,…more

Donald Trump, Furloughs, Government Agencies, Government Shutdown, Presidential Elections

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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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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

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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

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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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Everything is fine, until it isn’t.

Over a period of just 14 months in 2004 and 2005, no less than six hurricanes made landfall in Florida – basically back-to-back years of hurricanes coming at the rate of one per month during the height of hurricane season. Then…more

Disaster Preparedness, Hurricane Season, Natural Disasters

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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

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How Appraisal Protects Against Texas Insurance Code Abuse

Insurance practice in Texas has become somewhat rote. Typically, a petition is filed against both an insurance company (that is often not based or incorporated in Texas) and a local adjuster. In addition to a breach of contract…more

Appraisal, Bad Faith, Breach of Contract, Breach of Duty, Common Law Claims

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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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Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch…more

Assignments, Breach of Contract, Disaster Preparedness, Filing Requirements, Hurricane Season

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Bad Faith Conduct: How Bad is Bad Enough Under PA Law?

As has been widely reported, the Pennsylvania Supreme Court recently granted a petition for allowance of appeal in the matter of Rancosky v. Washington Nat. Insurance Co. in order to address a challenge concerning the standard…more

Bad Faith, Insurance Industry, Insurance Litigation, Self-Interest

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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 »

How Gov’t Shutdowns Impact Event Cancellation Policies

Prior to the 2016 presidential election, several commentators opined that opposing political parties would control the office of the president and Congress’s two chambers — the Senate and the House of Representatives. In fact,…more

Donald Trump, Furloughs, Government Agencies, Government Shutdown, Presidential Elections

See All Updates »

Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch…more

Assignments, Breach of Contract, Disaster Preparedness, Filing Requirements, Hurricane Season

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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

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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

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Texas Courts' Consistent Inconsistency on Improper Joinders

Throughout the onslaught of the Texas hail litigation epidemic, policyholder lawyers and firms representing insurance carriers continue to battle over whether these cases belong in Texas state court or are more properly venued…more

Diversity Jurisdiction, Federal Rule 12(b)(6), Fraudulent Joinder, Insurance Adjusters, Insurance Code

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Bad Faith Conduct: How Bad is Bad Enough Under PA Law?

As has been widely reported, the Pennsylvania Supreme Court recently granted a petition for allowance of appeal in the matter of Rancosky v. Washington Nat. Insurance Co. in order to address a challenge concerning the standard…more

Bad Faith, Insurance Industry, Insurance Litigation, Self-Interest

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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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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

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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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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

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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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Navigating Election Day 2016

November 8, 2016 is almost here—finally. There has been stress and controversy in the workplace this election season as a result of the unusually contentious and heated presidential election. Indeed, a recent American…more

Coerced Patronage, Donald Trump, Hillary Clinton, Political Campaigns, Political Candidates

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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

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