Zelle Hofmann Voelbel & Mason LLP

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

  • 612-339-2020
  • 612-336-9100

Lessons From Past Give Guidance To Sandy-Related Claims

Originally published in Insurance Law360 on January 15, 2013. In the aftermath of Hurricane (or post-tropical cyclone) Sandy, insurers and insureds alike will face a number of complicated insurance coverage issues, to which…more

Business Interruption, Catastrophic Events, Civil Authority Coverage, Hurricane Sandy, Ingress/Egress

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What The Hail Is Going On In Texas?

Every lawyer knows that most state court lawsuits fall into a few general categories: slip and falls, auto accidents, employment disputes and collection actions. Year after year after year, the majority of state court lawsuits…more

Commercial Property Owners, Homeowner's Insurance, Insurers, Premiums, Property Damage

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Surplus Lines Insurance in Texas: A Dark Horse

Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not met…more

Cyber Attacks, Cyber Insurance, Surplus Lines Insurance

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Texas' Progressive Claim Affliction Is Treatable

A case recently considered by Texas' Thirteenth Court of Appeals illustrates a fact pattern becoming all too familiar in Texas first-party property insurance claims. The story goes something like this…more

Property Damage, Property Insurance, USAA

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2014 May Be Cyber Insurance's Most Popular Year Yet

February 2014 may ultimately be seen as the month when the cyber insurance coverage market really began. Although certain insurance companies are writing cyber coverage, and some insureds have acquired that coverage, neither…more

Cyber Insurance

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Indirect-Purchaser Exceptions To Illinois Brick Continue

Originally published in Competition Law360 on January 25, 2013. Consumers seeking to recover for economic harm caused by anti-competitive conduct often run headlong into the so-called Illinois Brick wall: Antitrust damages…more

ATM Fee Antitrust Litigation, Cathode Ray Tube, Illinois Brick, Indirect Purchasers, Price-Fixing

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The Missing Link In Business Interruption Coverage Claims

Suppose you are counsel for a policyholder impacted by a damaging storm, hurricane or other catastrophic event. Your client reports that it sustained property damage and a significant business interruption loss. You are asked to…more

Business Interruption, Catastrophic Events, Property Damage

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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, Insurers, Nanotechnology, OSHA

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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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Surplus Lines Insurance in Texas: A Dark Horse

Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not met…more

Cyber Attacks, Cyber Insurance, Surplus Lines Insurance

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NCAA’s Latest Legal Nightmare May Be Most Important

No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate Athletic Association trial, which is currently taking place in Oakland, California. SB Nation called the trial “the biggest trial in the history of…more

Athletes, Corporate Counsel, NCAA, Sports

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Calif. Offers Regulation As Solution To Underinsurance

A wildfire ravages a community. A family’s home is among those destroyed. It is a total loss. The homeowners are eager to rebuild and turn to their homeowners’ policy. Having purchased coverage on a “replacement-cost” basis,…more

Homeowner's Insurance, Property Damage

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Texas' Atty Fee Statute — Elevating Form Over Substance?

Texas follows the American Rule, which provides that litigants may recover attorneys' fees only if specifically provided for by contract or statute. One such statute — Section 38.001 of the Texas Civil Practice Remedies Code —…more

Attorney's Fees, Pharmaceutical, Referral Fees

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In Texas, Waiving Right To Appraisal Takes Prejudice

Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the…more

Appraisal, Property Insurance, Texas

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Oil Spill Derailments Pose Challenge For Insurers

In the past year alone, five fiery oil train derailments have made front-page news by causing both catastrophic bodily injury and property damage in rural towns across Canada and the United States, including the 74-car freight…more

Commercial General Liability Policies, Oil & Gas, Oil Spills, Railroads

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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, Discoverable, Discovery, Insurers, Reinsurance

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The Nuts And Bolts Of Social Media Discovery

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth…more

Discovery, Evidence, Fourth Amendment, Right to Privacy, Social Media

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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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Public Adjusters Do Not Have Free Pass To The Stand

In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not…more

Bad Faith, Expert Witness, Insurers, Property Damage, Property Insurance

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Why Texas Insurers Need To Report Fraudulent Hail Claims

In Amarillo, Texas, with clipboard, camera and marking chalk in hand, a seasoned insurance company adjuster climbs his ladder onto the roof of an apartment building. He’s looking for hail damage following a recent hailstorm in…more

Fraud, Property Damage, Property Insurance

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Avoiding the Digital Dark Age and Remaining Competitive

In today’s business environment, information is a powerful and valuable asset. Organizations that use information wisely and strategically can reach customers faster and with more precision. But in today’s highly regulated…more

Cybersecurity, Data Protection, Information Governance, Internet

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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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Insurance In Brazil: A Reinsurance Perspective

Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering…more

Electricity, Energy Sector, Infrastructure, Insurers, Oil & Gas

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NCAA’s Latest Legal Nightmare May Be Most Important

No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate Athletic Association trial, which is currently taking place in Oakland, California. SB Nation called the trial “the biggest trial in the history of…more

Athletes, Corporate Counsel, NCAA, Sports

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Court Clarifies Insurers’ Replacement-Cost Obligations

Amid the onslaught of Texas hail claims litigation, one Texas federal district court recently confirmed that in order for an insured to receive any portion of a replacement-cost holdback under a property insurance policy, it…more

Insurers, Property Insurance, Replacement Costs

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Insurance In Brazil: A Reinsurance Perspective

Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering…more

Electricity, Energy Sector, Infrastructure, Insurers, Oil & Gas

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Retroactive Application of New York's Proposed Anti-Concurrent Causation Bill Faces Uphill Battle

If the recently proposed anti-concurrent causation bill in New York (Assembly No. A07455/ Senate No. S05581) is enacted, it is unclear what arguments will be made regarding its application. However, any arguments that the…more

Anti-Concurrent Causation Clauses, Hurricane Sandy, Insurers, Proposed Legislation, Retroactive Application

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District Court Figures Out What The Hail Is Going On

Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going…more

ACE American Insurance Company, Contractors, Hamilton Properties, Insurers, Late Notices

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Texas’ Fair-Notice Pleadings Standard May Be In Trouble

In Texas, the lax “fair-notice” pleading requirement has resulted in the widespread practice of plaintiffs’ attorneys simply cutting and pasting from a previous pleading when filing suit. However, the recent enactment of Texas…more

Fair Notice, Pleading Standards, Pleadings

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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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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
  • Texas
Other Countries
  • China
  • United Kingdom
Number of Attorneys

50-100 Attorneys

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