Zelle LLP

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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San Antonio Hail Suit Standing Orders: Here We Go Again!

Standing orders are orders that apply in every case relating to a particular subject matter. They commence as soon as suit is filed, even though neither party requests entry of an order. While predominantly found in divorce…more

Insurance Industry, Property Damage, Property Insurance, Standing

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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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A Particular Challenge: Managing Mental Disability in the Workplace

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you…more

ADA, Anti-Discrimination Policies, Disability Discrimination, EEOC, 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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Hacktastrophe: How cyber-attacks on critical U.S. infrastructure could lead to catastrophic property loss

Although cyber-attacks have traditionally implicated more liability-leaning coverages, several attacks in recent years should give property insurers cause for concern going into the future. Hackers have proven they can seize…more

Cyber Attacks, Hackers, Infrastructure, Popular, Property Damage

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Fracking, Earthquakes and Civil Authority

In last week’s post, we discussed the rapid development of the hydraulic fracturing (“fracking”) industry in the United States, and some of the innate risks presented by those operations. In particular, the post focused on a…more

Earthquakes, Fracking, Fracking Bans, Hydraulic Fracturing Study, Oil & Gas

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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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Hacktastrophe: How cyber-attacks on critical U.S. infrastructure could lead to catastrophic property loss

Although cyber-attacks have traditionally implicated more liability-leaning coverages, several attacks in recent years should give property insurers cause for concern going into the future. Hackers have proven they can seize…more

Cyber Attacks, Hackers, Infrastructure, Popular, Property Damage

See All Updates »

San Antonio Hail Suit Standing Orders: Here We Go Again!

Standing orders are orders that apply in every case relating to a particular subject matter. They commence as soon as suit is filed, even though neither party requests entry of an order. While predominantly found in divorce…more

Insurance Industry, Property Damage, Property Insurance, Standing

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

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Saving the Lawyers One Breath at a Time: Mindfulness in the Law

The role of a lawyer in a democratic society is significant in that lawyers ensure that the democracy is functional and its citizens enjoy fundamental human rights. Acting as advocates and advisers, lawyers also play an…more

Law Firm Associates, Law Practice Management, Professional Development, Young Lawyers

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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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Appraisal is an Appraisal is an Appraisal, Except in Mass.

Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar to…more

Appraisal, Insurance Industry, Insurance Litigation, Insureds, Property Damage

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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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Appraisal is an Appraisal is an Appraisal, Except in Mass.

Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar to…more

Appraisal, Insurance Industry, Insurance Litigation, Insureds, 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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Understanding National Origin Discrimination – Part 1

In 2000, 7,792 complaints of discrimination based on national origin were filed with the EEOC. By 2002, in part because of the societal effects of 9/11, the number had increased to 9,046. In 2010, 11,304 such complaints were…more

EEOC, English-Only Rules, National Origin Discrimination, Reasonable Accommodation, Title VII

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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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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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2016 Highlights From Indirect Purchaser Class Actions

As 2016 comes to a close, we review some of the more interesting court decisions in the indirect purchaser class action arena over the past 12 months and provide practitioners with some key takeaways for 2017 and beyond. While…more

Antitrust Litigation, Article III, Chemicals, Class Action, Class Certification

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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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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

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Super-Typhoon Nock-Ten: Late-Season Abnormality or Harbinger of Larger Changes?

An unusual December super-typhoon made several landfalls in the Philippines on Christmas Day 2016, bringing heavy rainfall, fierce wind gusts, and dangerous flooding to the island nation. While the number of fatalities…more

Insurance Industry, Philippines, Property Damage, Severe Weather

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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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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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2016 Highlights From Indirect Purchaser Class Actions

As 2016 comes to a close, we review some of the more interesting court decisions in the indirect purchaser class action arena over the past 12 months and provide practitioners with some key takeaways for 2017 and beyond. While…more

Antitrust Litigation, Article III, Chemicals, Class Action, Class Certification

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

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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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Global Hail: China

Hailstorms have been occurring for centuries across the globe. However, some regions of the world, particularly southern China, seem more prone to these destructive storms. High-impact weather (HIW) is defined as weather that…more

China, Severe Weather

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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

Contact: Dan Gruber

  • 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.
  • Florida
  • Massachusetts
  • Minnesota
  • New York
  • Pennsylvania
  • Texas
Other Countries
  • 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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